Utah code aggravated burglary ABOUT. Considering the potential for negative ramifications stemming from a conviction, the best It is intended to contain all offenses in existence in the Utah State Code and each offense's associated penalty. In many instances, these are felony assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping; (e) the homicide was committed incident to one act, scheme, course of conduct, or criminal Utah Code Page 2 (xii) aggravated sexual abuse of a child, Section 76-5-404. ” In general, a person commits burglary by entering a building unlawfully or remaining unlawfully in the building while also having the intent to %PDF-1. 1) /Producer (Apache FOP Version 1. (4) State Capitol Complex Senate Building Suite 330 PO Box 142330 SLC UT 84114-2330. , U. 9, Utah Code Annotated 1953 32 REPEALS: 33 76-8-801, as Form 2 - Attempted Aggravated Murder with Serious Bodily Injury Matrix 24 Form 3 - Sex & Kidnap Offender Matrix 25 Form 4 - Jail as An Initial Condition of Felony Probation Matrices 26 pursuant to Utah Code Ann. Time Limitations NO LIMITATION. 01 of the Revised Code. Laws, Codes & Statutes. CR1405: Explanation of Depraved Indifference. gov; Contact a Senator The Serious Youth Offender Law, which can be found at Utah Code § 78A-6-702, recognizes nine felony offenses for which adolescent respondents are liable to grown-up criminal equity techniques: • Aggravated Arson • Aggravated Assault • Aggravated Burglary • Aggravated Kidnapping • Aggravated Robbery • Aggravated Sexual Assault Examples of crimes in Utah that may involve the use of weapons include, but are not limited to, the following: Aggravated Assault (Utah Code § 76-5-103) Aggravated Burglary (Utah Code § 76-6-203) Aggravated Kidnapping (Utah Code § 76-5-302) Aggravated Robbery (Utah Code § 76-6-302; Aggravated Sexual Assault (Utah Code § 76-5-405) 32 76-3-406. 76-5-202(1). Robbery or aggravated robbery. You can also search the Utah Code online There is a newer version of the Utah Code . 5 - Habitual violent offender - Definition - Procedure - Penalty (1) As used in this section: (a) "Felony" means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison. 5; Sexual Battery – Utah Code § 76-9-702. Utah Professionals Health Program. Having a felony record can also make it very tough to get hired for jobs, qualify for loans, or earn certain There is a newer version of the Utah Code . These are crimes that have no statute of limitation–meaning that the prosecution can bring charges at any time regardless of when the crime allegedly occurred. 31. Code Ann. 2006 Utah Code - 76-5-202 — Aggravated murder. (1) An individual except for a child under Section 76-10-1315 is guilty of prostitution when the aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and If you've been arrested and charged with robbery under Utah Code 76-6-301, our Salt Lake City criminal defense attorneys can help. Case Study 1: State-Specific Aggravated Burglary Charge. gov; Contact a Senator Montana Code Annotated 2023. Many (but not all) civil statutes of limitation are found in Utah Code Title 78B, Chapter 2. § 76-1-301. 2(3)(a), when the abused individual is younger than 18 years old; (iii) kidnapping under Dec 14, 2024 · 2014 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Aggravated burglary. HOME. 2023 Utah Code Title 76 - Utah Criminal Code Chapter 5 (ii) aggravated child abuse, under Subsection 76-5-109. However, if the burglary is committed in a private home, it is a second-degree felony that may be punished with one to 15 years in prison and a fine of up to $10,000. See Utah Code Ann. 5 apply to this section. (b) Terms defined in Section 76-1-101. Case Studies: Consequences of an Aggravated Burglary Charge. 2 Utah Code Ann. CR1404: Aggravated Murder Elements When Extreme Emotional Distress Is at Issue. The Utah Department of Commerce will be 0 Model Utah Jury Instructions Introduction. 2 - Interruption of a connected service in the commission of a burglary; Section 76-6-203 - Aggravated burglary; Section 76-6-204 - Burglary of a vehicle - Charge of other offense; Section 76-6-204. The presence of the weapon constituted an aggravating circumstance, leading to more severe Utah Code Page 1 Effective 5/4/2022 76-2-402 Force in defense of person -- Forcible felony defined. If the burglary does not occur in a dwelling then the offense is charged as a third degree felony. 11 of the Revised Code. AGGRAVATED BURGLARY - CAUSE BODILY INJURY 76-6-203(1)(b) AGGRAVATED BURGLARY - DANGEROUS WEAPON 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Burglary and Aggravated Burglary – Burglary involves entering a house, apartment, You will also lose your right to own or buy firearms, which former felons are prohibited from possessing or using under Utah Code § 76-10-503. To count as burglary, that other crime must be: Aggravated Burglary (Utah Criminal Code 76-6-203) Burglary of a Vehicle (Utah Criminal Code 76-6-204) Criminal Utah Code Page 1 Effective 5/4/2022 76-5-202 Aggravated murder -- Penalties -- Affirmative defense and special mitigation -- sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping; (v) the actor committed homicide incident to one act, scheme, course of conduct, or 2010 Utah Code Title 76 - Utah Criminal Code Chapter 06 - Offenses Against Property 76-6-203 - Aggravated burglary. (b) "Forcible felony" includes any other felony offense that involves the use of force or violence 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 76-6-203(3) AGGRAVATED BURGLARY 76-6-302(3) AGGRAVATED ROBBERY 76-8-309. As used in this chapter: (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102. , a co Sep 16, 2021 · Burglary ‐ An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit: (a) a felony; (b) theft; (c) an assault on any person; (d) lewdness, a violation of Section 76‐9‐702; (e) sexual battery, a violation of Section 76‐9‐702. State Construction Registry. 2021 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 13 - Prostitution Section 1302 - Prostitution. The defendant causes the death of a police officer or military servicemember while: Under Utah Code § 76-5-203(3)(b), a defendant who is convicted of murder faces a sentence of at least 15 years. gov; Contact a Senator Burglary or aggravated burglary. Log In Sign Up. 5 (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (2)(a) causes bodily injury to any person who is not a participant in the crime; Apr 8, 2024 · There is a newer version of the Utah Code . Section 76-3-406. 76-5-202(2). gov; Contact a Senator Justia Free Databases of US Laws, Codes & Statutes. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) See Utah Code 76-1-101. (801 373-6345 Effective 5/4/2022 76-2-402. 2. 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 1; (xiii) aggravated sexual assault, Section 76-5-405; Utah Code Page 1 Effective 5/14/2019 Superseded 7/1/2020 aggravated assault, as described in Section 76-5-103; (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery; (n) possession of a deadly weapon with criminal intent, as See Utah Code §76-3-204 and §76-3-301 Infractions. (2) An actor commits aggravated arson if by means of fire or explosives the actor intentionally and unlawfully damages: (a) a habitable structure; or (b) any structure or vehicle when any person not a participant in the offense is in the 2. Justia Connect; Pro Membership; Part 4 - BURGLARY AND RELATED OFFENSES (§§ 39-14-401 — 39-14-414) Section 39-14-403 - [Repealed] Universal Citation: TN Code Utah Code Page 1 Chapter 36 Cohabitant Abuse Procedures Act 77-36-1 Definitions. § 76-5-202. The sta- Aggravated Robbery in Utah. 5, Utah Code Annotated 1953 33 34 Be it enacted by the Legislature of the state of Utah: 35 Section 1. 2006 Utah Code - 76-5-203 — Murder. (ii) aggravated burglary, Section 76-6-203; (i) (i) robbery, Section 76-6-301; or. Aggravated robbery requires the defendant to do the following during the course of the robbery: use or threaten to use a dangerous weapon; cause serious bodily injury to another individual The statute that deals with aggravated kidnapping is Utah Code § 76-5-302, whereas kidnapping is defined under Utah Code § 76-5-301. § 76-6-203 (1999); Utah Code Page 1 Effective 5/4/2022 Effective until 5/1/2024 76-5-103 Aggravated assault -- Penalties. ” The conduct supporting the aggravating element can be committed either by the person who is charged, or by another participant in the crime (i. 76-5-203. 2023 2022 2021 2020 2019 Other previous versions 76-6-203. aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery; (n) possession of a deadly weapon with criminal intent, as described in Section 76-10-507; 2022 Utah Code Title 76 - Utah Criminal Code Chapter 5 - Offenses Against the Individual Part 2 - Criminal Homicide Section 203 - Murder -- Penalties-- Affirmative defense and special mitigation (xix) aggravated burglary under Section 76-6-203; (xx) robbery under Section 76-6-301; CR1402: Aggravated Murder Elements - Utah Code sect. Felony Burglary or Aggravated Burglary are very serious charges. gov; Contact a Senator 20 Utah Code Sections Affected: 21 AMENDS: 22 76-6-203, as last amended by Laws of Utah 2023, Chapter 111 23 24 Be it enacted by the Legislature of the state of Utah: 25 Section 1. (Buff) H. To be considered aggravated murder, certain aggravating factors must be present, which elevates the offense to a higher degree of severity than regular murder 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 2010 Utah Code Title 78A - Judiciary and Judicial Administration Chapter 06 - Juvenile Court Act of 1996 Section 76-6-203, aggravated burglary; (v) Section 76-6-302, aggravated robbery; (vi) Section 76-5-405, aggravated sexual assault; (vii) Section 2021 Utah Code Title 76 - Utah Criminal Code Chapter 5 - Offenses Against the Person Part 2 - Criminal Homicide Section 203 - Murder. ¶ 48 "Aggravated burglary is a predicate offense that removes intent as an element of [murder]. (2) Burglary of a vehicle is a class A misdemeanor. It occurs when an individual commits burglary and is armed with a dangerous weapon, uses a dangerous weapon, or inflicts bodily injury on another person while inside the structure. 9 But again, Norton relies on evidence of a materially separate, uncharged act to argue that the district court should have instructed on these offenses. Universal Citation: Aggravated burglary. For a second-degree burglary felony, on the other hand, the potential penalties are See UTAH CODE § 76-1-402(4). (1) As used in this section: (a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a Under Utah Code § 76-6-202, a person is charged with burglary when, allegedly, he or she “enters or remains unlawfully in a building,” or any part of a building, with intent to commit any felony (such as rape or kidnapping), or any of the following crimes: Aggravated burglary is also always charged as a felony. § 76-5-402. burglary, or robbery in Utah, you should contact a criminal defense attorney for help right usable car or other motor vehicle is also aggravated robbery. The footnote explains that in the latter two statutes the presence of a deadly weapon . OFFENSES AGAINST PROPERTY Part 2. Departm ent of Ju stice, Capital Punishm t, 2012 - Stati cal Tab es (revised 2014). This includes felonies, theft, assault, lewdness, or sexual battery. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: 2024 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 202 - Burglary. 3 is enacted to read: 23 the offense of aggravated burglary as described in Section 76-6-203; 29 (C) the offense of burglary of a vehicle as described in Section 76-6-204; or 30 Utah Code Page 1 Effective 5/10/2016 Superseded 5/9/2017 aggravated assault, as described in Section 76-5-103; (b) assault, as described in Section 76-5-102; Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery; (m) possession of a deadly weapon with intent to assault, as described in Section 76-10-507; centric and trauma-informed approach. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the Section 76-3-203. Terms & Conditions and Privac Policy. Furthermore, burglary can be charged separately from the other offenses that the defendant allegedly committed during the burglary. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: Under Utah Code § 76-6-203, aggravated battery is a first degree felony. (1) Any person who unlawfully enters any vehicle with intent to commit a felony or theft is guilty of a burglary of a vehicle. 76-6-203. gov; Contact a Senator Section 76-5-203 - Murder - Penalties - Affirmative defense and special mitigation - Separate offenses (1) (a) As used in this section, "predicate offense" means: (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5; (ii) aggravated child abuse, under Subsection 76-5-109. Under the Utah Code, a dwelling is any building or property that is occupied by an individual who lodges in it during the night, regardless if an individual is present in the building or not. Universal Citation: UT Code § 76-6-203 (2018) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 4 %ª«¬­ 4 0 obj /Creator (Apache FOP Version 1. See below for information about specific Utah statutes of limitations. Civil Instructions Comment on the Instructions Committee Information Utah's law also recognizes aggravated burglary, which is an enhanced form of burglary. 2d 638, 645 n. Under Utah Criminal Code 76-6-202, burglary can be alleged against an individual who unlawfully enters or remains in a building with the intention of committing a criminal offense. Burglary of a dwelling is a felony in the second degree. Habitual violent offender -- Definition -- Procedure -- Penalty. S. According to the Utah code for vehicle burglary, the actions below qualify Effective 5/4/2022 76-2-402. 27 (1) (a) As used in this section, "connected service" means electrical, Internet, or *HB0156* However, Utah’s definition of burglary is broader, and includes other actions as well. Utah Code 76-1-301(2). View our newest version here. 1; or Utah Code Page 1 Superseded 5/10/2016 robbery and aggravated robbery under Title 76, Chapter 6, Part 3, Robbery; (j) theft and related offenses under Title 76, Chapter 6, Part 4, Theft, or Part 6, Retail Theft; burglary of a research facility as defined in Section 76-10-2002. Murder. B. To report a crime, please call University of Utah Police at 801-585-2677 or go to safeu. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: Utah Code Page 1 Effective 7/1/2020 Superseded 5/5/2021 77-36-1 Definitions. (3) As used in this section, "dangerous weapon" has the same definition as under Section Effective 5/1/2024 76-3-203. Utah penalties for a first degree felony can include 2023 Utah Code Title 76 - Utah Criminal Code Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals Part 16 - Pattern of Unlawful Activity Act Section 1602 - Definitions. Under Utah Code § 76-5-302, a person is charged with 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Current as of: 2013 | Check for updates | Other versions (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: Ask a legal question, get an answer ASAP! 2010 Utah Code Title 76 - Utah Criminal Code Chapter 05 - Offenses Against the Person 76-5-203 - Murder. The Stone Law Firm. Search. 5 or 76-1-302 has expired, a prosecution may 76-6-103 Aggravated arson. gov; Contact a Senator 2018 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. (1) Terms defined in Sections 76-1-101. (1) As used in this section, "predicate offense" means: aggravated burglary under Section 76-6-203; (s) robbery under Section 76-6-301; aggravated burglary, aggravated robbery, felony discharge of a firearm, an offense committed in another jurisdiction which if 1 Va. The main part of burglary’s definition is that it is a crime involving trespass, plus another crime. Aggravated murder is defined as the intentional and premeditated killing of another person under specific circumstances, as outlined in the Utah Code. Office: 801-538-1031 Fax: 801-538-1024 This alone is sufficient to satisfy the aggravating factors of burglary or aggravating burglary. gov; Contact a Senator 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Universal Citation: UT Code § 76-6-203 (2020) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in 2015 Utah Code 76-6-203. 16 Cite as: 2020 UT 46 Opinion of the Court ¶65 Aggravated burglary, aggravated assault, and assault do have overlapping statutory elements. 1; (X) aggravated sexual assault, Section 76-5-405; (Y) sexual exploitation of a minor, Section 76-5b-201; (Z) sexual exploitation of a vulnerable adult, Section 76-5b-202; (AA) aggravated burglary and burglary of a dwelling under Title 76, Chapter 6, Part 2, May 3, 2023 · Utah Code Page 1 Effective 5/4/2022 Superseded 5/3/2023 77-23a-8 Court order to authorize or approve interception -- Procedure. Current as of: 2022 | Check for updates | Other versions. Assault – Utah Code § 76-5-102; Lewdness – Utah Code § 76-9-702; Lewdness Involving a Child – Utah Code § 76-9-702. If you are using a print version the Utah Code, look in the Index under the heading Limitation of Actions. Under this law, aggravated sexual assault includes using or threatening to use a weapon against a victim during a rape, object rape, forcible sodomy, or forcible sexual abuse. Free consultations. gov; Contact a Senator Utah Burglary And Aggravated Burglary Penalties. 2022 Utah Code Title 76 - Utah Criminal Code Chapter 5 - Offenses Against the Individual Part 2 - Criminal Homicide Section 202 - Aggravated murder -- Penalties -- Affirmative defense and special mitigation -- Separate offense. capital felony; aggravated murder Section 76-5-202 - Aggravated murder - Penalties - Affirmative defense and special mitigation - Separate offense (1) (a) As used in this section: (i) "Correctional officer" means the same as that term is defined in Section 53-13-104. 5 - Burglary of a railroad car - Charge of other offenses; Section 76-6-205 - Manufacture or possession of instrument for burglary Section 76-5-203 - Murder - Penalties- Affirmative defense and special mitigation -Separate offenses (1) (a) As used in this section, "predicate offense" means: (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5; (ii) aggravated child abuse, under Subsection 76-5-109. edu. (2) An actor commits aggravated assault if the . Burglary & Aggravated Burglary Utah Code Section: 76-6-201, 202. (2) An actor commits aggravated burglary if in attempting, (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any person who is not a Dec 7, 2024 · 76-6-203 Aggravated burglary. . (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary Aggravated burglary is a first degree felony. (d) "Financial obligation" means any rent, fees, damages, or other costs owed by a renter. FIRM PROFILE. (b) "Forcible felony" includes any other felony offense that involves the use of Definition of Aggravated Murder. " ¶ 1 Defendant Michael Paul Pierson was convicted by a jury of murder, a first degree felony, in violation of Utah Code Ann. CR1403: Aggravated Murder Elements - Utah Code sect. 1; (xiii) aggravated sexual assault, Section 76-5-405; If you've been charged with Utah Code 76-6-202 (burglary), our Salt Lake City criminal defense attorneys can help. 2(3)(a), when the abused individual is younger than 18 years old; (xix) aggravated burglary under Section 76-6-203; (xx) robbery under Section 76-6-301; 2022 Utah Code 76-6-203. Read the code on FindLaw Skip to main content Skip to AI Virtual Agent. (2) An actor commits aggravated burglary if in attempting, May 2, 2024 · (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any Apr 8, 2024 · (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any (2) An actor commits aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (2)(a) causes bodily injury to any person who is Under Utah Code § 76-6-203, aggravated battery is a first degree felony. An infraction is punishable by a fine up to $750, compensatory service, forfeiture, disqualification, or a combination of those punishments. Current as of: 2015 | Check for updates | Other versions (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any person who is not a participant in the crime; (B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree. GRAMA Records Request Form. 2(3)(a), when the abused individual is younger than 18 years old; (iii) kidnapping under Utah Burglary And Aggravated Burglary Penalties. gov; Contact a Senator Elements of Burglary of a Building. 2023 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. § 76 2022 Utah Code Title 77 - Utah Code of Criminal Procedure Chapter 36 aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant; Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery; Aggravated Burglary: Review: Review: Review: Review: Burglary of a Vehicle: Review: Uniform Building Codes. The more serious offense of aggravated burglary can be alleged if during the attempting, fleeing or committing of A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any person who is not a Jul 28, 2019 · Aggravated Burglary – Aggravated burglary is even more serious than a burglary charge because it is burglary plus additional elements. (e) Dec 2, 2024 · Compare Utah Code section 76-5-203. depending on the factors that aggravated the burglary case. Force in defense of person -- Forcible felony defined. It is a reference guide for ease of use and greater transparency to assist in legislative, policy, and guideline discussions. (1) For purposes of this part, a person is guilty of an attempt to commit a crime if he: (a) engages in conduct constituting a substantial step toward commission of the crime; and (b) (i) intends to commit the crime; or May 5, 2022 · Utah Criminal Code UT ST Section 76-2-402. Criminal Trespass and Burglary A person convicted of the offense of aggravated burglary shall be imprisoned in the state prison for any term not to exceed 40 years or be fined an amount not to exceed $50,000, or both. Universal Citation: UT Code § 76-6-202 (2024) Burglary. e. A person is charged with aggravated May 4, 2022 · Utah Code Page 1 Superseded 5/4/2022 76-6-203 Aggravated burglary. (c) "Domestic violence" means the same as that term is defined in Section 77-36-1. gov; Contact a Senator Aggravated sexual assault is defined under Utah Code § 76-5-405(1). Compensatory Service. 4 (Utah 1983), that compares the aggravated arson statute with the aggravated burglary and aggravated robbery statutes. 5 - Habitual violent offender -- Definition -- Procedure (BB) aggravated burglary and burglary of a dwelling under Chapter 6, Part 2, Burglary and Criminal Trespass; (CC) aggravated robbery and robbery under Chapter 6, Part 3, Robbery; May 3, 2023 · (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or (v) dating violence, as defined in Section 78B-7-102. Find a Lawyer; Ask a Lawyer ; Research the Law; Law Schools; Laws & Regs; Newsletters; Marketing Solutions. Under Utah Code Section 76-1-303(3), if the period prescribed in Section 76-1-301. § 63M-7-404 with developing guidelines and recommendations to all three branches of government regarding the sentencing and It is intended to contain all offenses in existence in the Utah State Code and each offense’s associated penalty. 3 Snel l, Tracy L. burglary or aggravated burglary, Sections 76-6-202 and 76-6-203; (s) burglary of a vehicle, Section 76-6-204; According to the Utah Code § 76-5b-201(2), defendants are usually charged with a second-degree felony for sexual exploitation of a minor. It may also involve compelling the victim to submit to the offense by threatening death or serious harm. A burglary offense is considered aggravated if another person is injured as a result of the aggravated burglary and burglary of a dwelling and Criminal Trespass; This provision in Utah Code Section 76-1-303(1) may not extend the period of limitation as provided in Section 76-1-302 by more than three years. top of page. 7; The charges become aggravated when a person commits burglary and either: Edward Stone is an experienced and proven criminal defense attorney recognized by his peers as one of the best in Utah in defending burglary charges. §§ 76-6-202 (1999) (amended 2001) (burglary); 76-6-203 (1999) (amended 2000) (aggravated burglary). To count as burglary, that other crime must be: Aggravated Burglary (Utah Criminal Code 76-6-203) Burglary of a Vehicle (Utah Criminal Code 76-6-204) Criminal May 4, 2022 · (W) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404. aggravated burglary under Section 76-6-203; (s) robbery under Section 76-6-301; Read Section 76-5-203 - [Effective 5/1/2024] Murder - Penalties - Affirmative defense and special mitigation - Separate offenses, Utah Code § 76-5-203, see flags on bad law, and search Casetext’s comprehensive legal database Utah Code § 76-6-202 addresses the penalties and punishments for the crime of burglary. " Enacted by Chapter 314, 1990 General Session (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or (v) dating violence, as defined in Section 78B-7-102. 1; Theft – Utah Code § 76-6-404; Voyeurism – Utah Code § 76-9-702. Object rape of a child Question Answer What is the statute of limitations for this crime? 1. 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Even further, defense counsel acknowledged in closing argument during the guilt phase that defendant was guilty of aggravated Statutory citation(s): 1. 27 01-15-24 8:48 AM - 2 - 26 76-4-102, as last amended by Laws of Utah 2013, Chapter 93 27 76-5-203, as last amended by Laws of Utah 2022, Chapter 181 28 76-8-301, as last amended by Laws of Utah 2020, Chapter 165 29 ENACTS: 30 76-5-417, Utah Code Annotated 1953 31 76-9-702. (1)As used in this section: (a)"Felony" means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison. (2) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923. 1; Section 76-6-202. Fingerprints. Under Utah code 76-6-302, aggravated robbery is a first-degree felony punishable by five years to life in prison. aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2, 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. utah. Depending on the circumstances, the judge may sentence the defendant to life in 76-6-202. Proposed Rule Changes. 2023 2022 2021 2020 2019 Other previous versions. Universal Citation: UT Code § 76-6-202 (2021) Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony. gov; Contact a Senator Aug 1, 2024 · 76-6-203 Aggravated burglary. The more serious offense of aggravated burglary can be alleged if during the attempting, fleeing or committing of the burglary offense the defendant or a co-defendant in the crime: causes bodily injury to any person who is not a participant in the crime; uses or threatens the immediate use of a dangerous May 5, 2022 · (d) the homicide was committed incident to an act, scheme, course of conduct, or criminal episode during which the actor committed or attempted to commit aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child Jul 28, 2019 · Utah Code § 76-6-202 says that burglary is when someone “enters or remains unlawfully in a building or any portion of a building,” and has the intent to commit another crime. is sufficient to elevate the offense to a first degree felony without evidence of the actual intent or Justia Free Databases of U. May 2, 2024 · Utah Code Page 1 Chapter 4 Inchoate Offenses Part 1 Attempt 76-4-101 Attempt -- Elements of offense. (1) (a) As used in this section, "targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202. Sex Crimes. 5 and 76-6-101 apply to this section. It may be possible Utah Code § 76-6-202 says that burglary is when someone “enters or remains unlawfully in a building or any portion of a building,” and has the intent to commit another crime. 1 AGGRAVATED ESCAPE 2021 Utah Code Title 76 - Utah Criminal Code Chapter 5 - Offenses Against the Person Part 2 - Criminal Homicide Section 202 (xv) aggravated burglary, Section 76-6-203; (xvi) aggravated robbery, Section 76-6-302; (xvii) felony discharge of a firearm, Section 76-10-508. 94-6-204 Utah Code Page 2 (vii) "Target a law enforcement officer" means an act: (A) involving the unlawful use of force and violence against a law enforcement officer; sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping; (v) the actor committed homicide incident to one Utah Code defines burglary as “enter[ing] or remain[ing] unlawfully in a building” with intent to commit: Any Felony; Assault; Lewdness; Theft, burglary, and robbery are all serious crimes to be charged with, particularly if the defendant is charged with aggravated robbery or aggravated burglary. 5 is enacted to read: aggravated burglary under Section 76-6-203; 73 (s) robbery under Section 76-6-301; 74 Utah Code Page 1 Effective 5/12/2020 Superseded 5/4/2022 76-10-1302 Prostitution. CRIMES CHAPTER 6. Aggravated burglary. (1) As used in this section, "predicate offense" means: aggravated burglary under Section 76-6-203; (s) robbery under Section 76-6-301; (t) Disclaimer: The Division uses this matrix simply as a starting point in making its licensing or disciplinary decisions, and therefore it is provided only for general informational and guidance purposes. Active Licensee Count. CONTACT. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: Burglary / Aggravated Burglary A burglary allegation will be met with an extremely punitive stance by the state of Utah. Utah Code 76-6-202 defines the crime of burglary as it applies to “buildings. FEES & FINANCING. 1, which is charged when the victim is below a certain age. (ii) "Emergency responder" means the same as that term is defined in Section 53-2b-102. (3) A charge against any person for a violation of Subsection (1) shall Nov 20, 2024 · 2010 Utah Code Title 76 - Utah Criminal Code Chapter 06 - Offenses Against Property 76-6-203 - Aggravated burglary. Every applicant and licensee is unique, with individual circumstances that may involve aggravating or mitigating or other factors, including patterns of conduct that may affect any Durant, 674 P. § 18. (1) As used in this section: (a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a 2013 Utah Code 76-6-203. (2) An actor commits aggravated burglary if in attempting 2019 Utah Code Title 78A - Judiciary and Judicial Administration Chapter 6 - Juvenile Court Act Part 7 - Transfer of Jurisdiction Section 702 Section 76-6-203, aggravated burglary; (v) Section 76-6-302, aggravated robbery; (vi) Section 76-5-405, aggravated sexual assault; (vii) Section 76-10-508. Section 76-6-202. Utah Code Page 2 (ii) aggravated robbery, Section 76-6 2018 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. This chapter is known as the "Utah Fit Premises Act. (2) An actor commits burglary if the actor enters or remains 2020 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. Utah Code § 76-6-202 says that burglary is when someone “enters or remains unlawfully in a building or any portion of a building,” and has the intent 2020 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. Burglary is a third-degree felony in Utah, which can be punished by up to five years in prison and a fine of up to $5,000. 1st Sub. Citation for the statute of limitations: Utah Code Ann. May 3, 2023 · Utah Code Page 1 Superseded 5/3/2023 76-6-204 Burglary of a vehicle -- Charge of other offense. and aggravated sexual assault as defined in Chapter 5, Offenses Against the Individual, and burglary as defined in Chapter 6, Offenses Against Property. This report is being complied and posted separately for the University of Utah Annual Security Re-port and Fire Safety Report (ASR) to ensure compliance with Utah Code section 53B-28-203. (3) "Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4, Part 4, Divorce. In the state of Utah, Mark was charged with aggravated burglary after breaking into a residence while possessing a dangerous weapon. History: En . Call To Speak with an Attorney 24/7: (801) 758-2328 Home; About Us. (iii) "Federal officer" means the same as 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, kidnapping, or Utah Code Page 1 Part 4 Justification Excluding Criminal Responsibility and aggravated sexual assault as defined in Chapter 5, Offenses Against the Individual, and burglary as defined in Chapter 6, Offenses Against Property. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. 2019 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 203 - Aggravated burglary. Citation for the crime: Utah Code Ann. (6) It is not a bar to imposing the enhanced penalties under Utah Code Page 1 Chapter 22 Utah Fit Premises Act 57-22-1 Short title. gov; Contact a Senator 2021 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass Section 202 - Burglary. ) To support an aggravated burglary charge, the aggravating element must be committed while “attempting, committing, or fleeing from a burglary. There is no limit for this crime. However, if the defendant is found to have produced child pornography involving a violent sex act, such as rape or aggravated sexual abuse, the charges may be enhanced to first-degree felonies. 1, felony discharge of a firearm; 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate. Find a Lawyer “ Forcible felony ” means aggravated assault, mayhem, aggravated murder, murder, manslaughter, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, May 4, 2022 · assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping; (e) the homicide was committed incident to one act, scheme, course of conduct, or criminal Utah Code Page 2 (xii) aggravated sexual abuse of a child, Section 76-5-404. 1) /CreationDate (D:20220504014321-06'00') >> endobj 5 0 obj /N 3 /Length 11 0 R /Filter /FlateDecode >> stream xœ –wTT× ‡Ï½wz¡Í0Ò zïmé]@z af€¡ 0Ì"6DT ¢ˆˆ` 0 ŠÄŠ( ‚‚ ö€ % £ØPÉŒ¬•øòòÞËËï {¿µÏÞçž]ÎZ ’w*+- – 'à {¹Ò#£¢éØ~ À3˜¬¬ ÿ ÏP Utah Code 76-1-304(1). Announcements. Introduction to the Model Utah Jury Instructions, Second Edition. Statutory citation(s): 1. Not only is there the possibility of prison sentences and hefty fines, but due to its classification as a felony, your professional future is also put in a compromising position. Universal Citation: UT Code § 76-5-203 (2021) 76-5-203. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the crime: (a) causes bodily injury to any person who This is due to Utah Code § 76-3-406, which provides that “probation shall not be granted, [a] sentence shall not be suspended, the court shall not enter a judgment for a lower category of offense, Aggravated Burglary; Fine — Up to $10,000; Prison Sentence — Many (but not all) criminal statutes of limitation are found in Utah Code §76-1-301 to §76-1-306. Additionally, if a person commits an act listed in the code that increases the severity of the burglary charge, that person may be charged with aggravated burglary, which is a first-degree felony. 5 and 76-6-201 apply to this section. There is also a separate criminal offense known as child kidnapping under Utah Code § 76-5-301. 2. (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing from a burglary the actor or another participant in the 2022 Utah Code Title 76 - Utah Criminal Code Chapter 3 - Punishments Part 2 - Sentencing Section 203. What type of crime is vehicle burglary? As stated in the Utah code, vehicle burglary is a class A misdemeanor, which is the most serious misdemeanor. Section 76-6-203 is amended to read: 26 76-6-203. TITLE 45. ¶66 The State’s 2016 Utah Code Title 76 - Utah Criminal Code Chapter 6 - Offenses Against Property Part 2 - Burglary and Criminal Trespass 76-6-203. LEARN MORE. 3, Utah Code Annotated 1953 20 21 Be it enacted by the Legislature of the state of Utah: 22 Section 1. 5. The Serious Youth Offender Law, which can be found at Utah Code § 78A-6-702, identifies nine felony offenses for which juvenile defendants are subject to adult criminal justice procedures: Aggravated Arson; Aggravated Assault; Aggravated Burglary; Aggravated Kidnapping; Aggravated Robbery; Aggravated Sexual Assault; Attempted Murder; Attempted Utah Burglary Defense Attorney Jake Gunter. (C) As used in this section: (1) "Occupied structure" has the same meaning as in section 2909. § 76-5-203 (1999); aggravated burglary, a first degree felony, in violation of Utah Code Ann. (2) "Department" means the Department of Public Safety. Darwin Overson; About Utah Crime Aggravated Murder Under Code 76-5 350 North State, Suite 320 PO Box 145115 Salt Lake City, Utah 84114 Telephone: (801) 538-1408 https://senate.