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Utah Assault Laws: Simple vs Aggravated Assault and Penalties

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Independently fact-checked against primary sources (last audited October 14, 2026). · 31 primary sources cited on this page. How we verify our legal content

Utah Assault Laws: Simple vs Aggravated Assault and Penalties

Utah does not have a separate battery crime. Utah Code 76-5-102 defines a single offense called assault, which covers attempting to inflict bodily injury with unlawful force or violence and any act with unlawful force or violence that causes bodily injury or creates a substantial risk of it. Simple assault is a misdemeanor; aggravated assault under Utah Code 76-5-103, which adds a dangerous weapon, a motor vehicle, impeding another person's breathing or blood circulation, or other means likely to cause death or serious bodily injury, is a felony. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah's assault statutes in Title 76, chapter 5, part 1 of the Utah Code (sections 76-5-102 to 76-5-107 and 76-5-114), the sentencing sections in Title 76, chapter 3, and the domestic violence definitions in Title 77, chapter 36. It does not cover self-defense and justification (see Utah self-defense laws), protective orders (see Utah restraining order laws), sexual offenses, federal assault crimes (see the hub) or city and county ordinances.

Assault vs. battery in Utah

Utah's code uses one word, assault, for both the attempt and the completed injury. Part 1 of Title 76, chapter 5 ("Assault and Related Offenses") contains no offense named battery; sexual battery (76-5-418) is a sexual offense outside this page. Utah Code 76-5-102(2) provides:

"An actor commits assault if the actor: (a) attempts, with unlawful force or violence, to inflict bodily injury on an individual; or (b) commits an act, with unlawful force or violence, that: (i) causes bodily injury to an individual; or (ii) creates a substantial risk of bodily injury to an individual."

A threat is handled separately. Threat of violence, Utah Code 76-5-107, reaches conduct including a person who "makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual," and it is a class B misdemeanor.

Two other provisions shape the base offense. Under 76-5-102(4), "The fact that the actor caused serious bodily injury to an individual is not a defense to a violation of this section." Under 76-5-102(5), the section does not apply to a chokehold used as part of training for, or participating in, a practice or sport in which a chokehold is "a known and acceptable practice, including martial arts, wrestling, or mixed martial arts," when the other individual is also training for or participating in the same practice or sport.

Mutual combat is limited as a defense. Utah Code 76-5-104(2) provides that in a prosecution for assault under 76-5-102, "it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation" if a dangerous weapon was used or the defendant was engaged in an ultimate fighting match.

Is assault a felony in Utah?

Simple assault is not. Under 76-5-102(3), it is a class B misdemeanor, and a class A misdemeanor if "(i) the actor causes substantial bodily injury to an individual; or (ii) the individual is pregnant and the actor has knowledge of the pregnancy."

Utah assault and battery laws: degrees of assault

Assault becomes a felony through aggravated assault (76-5-103), assault by a prisoner (76-5-102.5), a protected-victim assault with a qualifying prior conviction or substantial bodily injury (76-5-102.4, 76-5-102.10), an intentional or knowing assault causing substantial bodily injury to a listed health care or emergency medical worker (76-5-102.7), or the repeat domestic violence rules in Title 77 described below. Mayhem (76-5-105) is a second degree felony.

Separately, Utah Code 76-3-203.14 raises the level of an offense, for example a class A misdemeanor to a third degree felony, when the trier of fact finds beyond a reasonable doubt that the person intentionally selected the victim because of a listed personal attribute; it does not apply when the penalty is enhanced under another provision or the attribute is already an element of the offense. Utah Code 76-3-203.3 raises a class B misdemeanor assault committed with the intent to intimidate or terrorize another person, or with reason to believe it would, to a class A misdemeanor.

Repeat and weapon convictions can carry more. Under 76-3-203.5, a person convicted of a violent felony (the list includes aggravated assault, assault by prisoner, aggravated assault by prisoner and mayhem) who on at least two previous occasions was convicted of a violent felony and committed to prison, as the trier of fact finds beyond a reasonable doubt, is punished for a second or third degree felony as if it were a first degree felony, 5 years to life. Under 76-3-203.8, when the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in a felony, the court shall increase the minimum term by one year and may increase the maximum by five years for a second or third degree felony; a later dangerous-weapon felony after a prison sentence for an earlier one carries an added consecutive term of 5 to 10 years.

Utah assault offenses and penalties

OffenseStatuteWhat it coversClassStatutory penalty range
AssaultUtah Code 76-5-102(2), (3)(a)Attempting, with unlawful force or violence, to inflict bodily injury; or an act with unlawful force or violence that causes bodily injury or creates a substantial risk of bodily injuryClass B misdemeanorUp to 6 months in jail; fine up to $1,000
Assault causing substantial bodily injury, or against a person known to be pregnantUtah Code 76-5-102(3)(b)Assault where the person causes substantial bodily injury, or the victim is pregnant and the person knows itClass A misdemeanorUp to 1 year in jail under 76-3-204(1)(b); fine up to $2,500
Threat of violenceUtah Code 76-5-107Conduct including a threat, accompanied by a show of immediate force or violence, to do bodily injuryClass B misdemeanorUp to 6 months in jail; fine up to $1,000
Aggravated assaultUtah Code 76-5-103(2), (3)(a)An attempt to injure, a threat with a show of immediate force, or an act causing or risking bodily injury that includes a dangerous weapon, a motor vehicle, intentionally or knowingly impeding breathing or blood circulation by pressure on the neck or throat or by obstructing the nose, mouth or airway, or other means or force likely to produce death or serious bodily injuryThird degree felonyUp to 5 years; fine up to $5,000
Aggravated assault causing serious bodily injury or unconsciousnessUtah Code 76-5-103(3)(b)Aggravated assault that results in serious bodily injury, or an act impeding breathing or circulation that produces a loss of consciousnessSecond degree felony1 to 15 years; fine up to $10,000
Aggravated assault targeting a law enforcement officerUtah Code 76-5-103(3)(c)Aggravated assault that constitutes targeting a law enforcement officer, as defined in 76-5-202, and results in serious bodily injuryFirst degree felony5 years to life; fine up to $10,000
Assault or threat of violence against a peace officer or an officer's family memberUtah Code 76-5-102.4Knowing the victim's status, intentionally committed against an officer acting within the scope of authority or because of the officer's status, or against a family member because of the officer's statusClass A misdemeanor; third degree felony with a qualifying prior or substantial bodily injury; second degree felony with a dangerous weapon or means likely to produce death or serious bodily injuryUp to 1 year and $2,500; up to 5 years and $5,000; or 1 to 15 years and $10,000
Assault or threat of violence against a military service member or family memberUtah Code 76-5-102.10Knowing the victim's status, intentionally committed against a service member acting within the scope of authority or because of the member's status, or against a family member because of that statusSame grading as the peace officer sectionSame ranges as the peace officer section
Assault or threat of violence against a school employeeUtah Code 76-5-102.3Against an employee of a public or private school, knowing the person is an employee, while the employee acts within the scope of the employee's authorityClass A misdemeanorUp to 1 year in jail under 76-3-204(1)(b); fine up to $2,500
Assault or threat of violence against a health care provider or emergency medical workerUtah Code 76-5-102.7Assault or threat of violence, by a person who is not a prisoner or detained individual and knows the victim's status, against a health care provider or emergency medical service worker performing emergency or lifesaving duties within the scope of authority, or a health facility employee, owner or contractor acting within the scope of dutiesClass A misdemeanor; third degree felony if the person causes substantial bodily injury and acts intentionally or knowinglyUp to 1 year and $2,500; or up to 5 years and $5,000
MayhemUtah Code 76-5-105Unlawfully and intentionally depriving a person of a member of the body, disabling or rendering useless a member, cutting out or disabling the tongue, putting out an eye, or slitting the nose, ear or lipSecond degree felony1 to 15 years; fine up to $10,000
Assault by prisonerUtah Code 76-5-102.5A prisoner who, intending to cause bodily injury, commits an assaultThird degree felonyUp to 5 years; fine up to $5,000
Aggravated assault by prisonerUtah Code 76-5-103.5A prisoner who commits aggravated assaultSecond degree felony; first degree if serious bodily injury was intentionally caused1 to 15 years; or 5 years to life; fine up to $10,000

The prison terms come from Utah Code 76-3-203, which applies "unless the statute provides otherwise": a first degree felony carries "a term of not less than five years and which may be for life," a second degree felony "not less than one year nor more than 15 years," and a third degree felony "a term not to exceed five years." Jail terms come from 76-3-204: a class A misdemeanor generally carries up to 364 days, but a class A misdemeanor under Title 76, chapter 5 carries up to one year, except as provided in 76-3-204(1)(b)(ii); a class B misdemeanor carries up to six months. Fine ceilings come from 76-3-301(1), which also allows "any greater amounts specifically authorized by statute." These are maximums written into the code, not typical sentences.

These are the ranges for the offense itself; Utah Code 76-3-203.5 (habitual violent offender) and 76-3-203.8 (dangerous weapon) set higher penalties for some repeat or weapon convictions, described below. The peace officer and military service member sections add a jail minimum for repeat convictions, which the court may suspend on findings, and Title 77 raises the level of some repeat domestic violence offenses; these are also described below.

Definitions that decide the grade

Utah Code 76-1-101.5 supplies the injury and weapon definitions that separate the grades:

  • Bodily injury: "physical pain, illness, or any impairment of physical condition."
  • Substantial bodily injury: "bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ." It moves simple assault to a class A misdemeanor.
  • Serious bodily injury: "bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death." It moves aggravated assault to a second degree felony.
  • Dangerous weapon: "(a) any item capable of causing death or serious bodily injury; or (b) a facsimile or representation of the item, if: (i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or (ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item." Utah uses "dangerous weapon," not "deadly weapon."

Aggravated assault in Utah

Utah Code 76-5-103(2) requires two things. First, the assault conduct: the person "attempts, with unlawful force or violence, to do bodily injury to another," "makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another," or "commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another." Second, that conduct includes one of the following:

  • the use of a dangerous weapon or a motor vehicle;
  • "any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence by: (A) applying pressure to the neck or throat of an individual; or (B) obstructing the nose, mouth, or airway of an individual"; or
  • "other means or force likely to produce death or serious bodily injury."

Under 76-5-103(3), the offense is a third degree felony, a second degree felony if "the act results in serious bodily injury" or the choking or airway obstruction "produces a loss of consciousness," and a first degree felony "if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury."

That first degree tier is narrow. Utah Code 76-5-202(1)(a)(vii) defines "Target a law enforcement officer" as an act "(A) involving the unlawful use of force and violence against a law enforcement officer; (B) that causes serious bodily injury or death; and (C) that is in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government." Other assaults on officers fall under 76-5-102.4.

Assault on a police officer, teacher, nurse or other protected person in Utah

Peace officers and their families. Utah Code 76-5-102.4(2) applies when a person commits an assault or threat of violence against a peace officer or a family member of a peace officer, knows the victim's status, and acts intentionally "(i) against a peace officer at the time the officer is acting within the scope of the peace officer's authority as a peace officer; (ii) against a peace officer because of the peace officer's status as a peace officer; or (iii) against a family member of a peace officer because of the peace officer's status as a peace officer." It is a class A misdemeanor; a third degree felony if the person has a prior class A misdemeanor or felony conviction under this section or the military service member section (76-5-102.10), or causes substantial bodily injury; and a second degree felony if the person uses a dangerous weapon or "other means or force likely to produce death or serious bodily injury." Under 76-5-102.4(5), a person who violates the section "shall serve, in jail or another correctional facility, a minimum of: (a) 90 consecutive days for a second offense; and (b) 180 consecutive days for each subsequent offense." Under 76-5-102.4(6), the court may suspend that minimum if it finds the interests of justice would be best served and makes specific findings on the record; 76-5-102.10 has the same minimum and suspension provision.

Military service members. Utah Code 76-5-102.10 covers assault or threat of violence against a military service member or a family member, with the same knowledge and intent conditions as the peace officer section (the person knows the victim's status and acts intentionally against a service member acting within the scope of authority or because of the member's status, or against a family member because of that status), and uses the same grading: class A misdemeanor, third degree felony with a qualifying prior conviction (under this section or 76-5-102.4) or substantial bodily injury, and second degree felony with a dangerous weapon or means likely to produce death or serious bodily injury.

School employees. Under Utah Code 76-5-102.3, a person commits assault or threat of violence against a school employee if the person commits assault or a threat of violence "against an employee of a public or private school," knows the individual is an employee, and "the employee is acting within the scope of the employee's authority as an employee." It is a class A misdemeanor. Separately, Utah Code 76-3-203.2 raises an offense under Title 76, chapter 5 by one degree when the trier of fact finds it was committed against an educator (a public school district employee required to hold a State Board of Education certificate, or a credentialed audiologist or speech language pathologist an LEA employs) acting within the course of employment, or on or about school premises with the use or threatened use of a dangerous weapon; for example, a class A misdemeanor becomes a third degree felony.

Health care and emergency medical workers. Utah Code 76-5-102.7 covers assault or threat of violence against the health care providers, emergency medical service workers and health facility employees it lists. The person must not be a prisoner or detained individual and must know the victim's status; a health care provider or emergency medical service worker must be "performing emergency or lifesaving duties within the scope of his or her authority at the time," and a health facility employee must be acting within the scope of duties for the health facility. It is a class A misdemeanor, and a third degree felony if the person "(i) causes substantial bodily injury; and (ii) acts intentionally or knowingly." Under Utah Code 63I-2-276(1), "Subsection 76-5-102.7(2)(b), regarding assault or threat of violence against an employee of a health facility, is repealed January 1, 2027."

Prisoners and corrections settings. Assault by a prisoner who intends to cause bodily injury is a third degree felony (76-5-102.5). Aggravated assault by a prisoner is a second degree felony, and a first degree felony "if serious bodily injury was intentionally caused" (76-5-103.5). Under 76-5-102.6, a prisoner or detained individual who propels an object or substance at a peace officer, correctional officer, or employee or volunteer commits a class A misdemeanor, which becomes a third degree felony when the object or substance causes substantial bodily injury and in the other circumstances the section lists. Disarming a peace officer is a first degree felony for a firearm and a third degree felony for a conductive energy device (76-5-102.8).

Bodily substances. Propelling a bodily substance at another person is a class B misdemeanor, and a class A misdemeanor if the substance is the person's saliva and the person knows of an HIV, hepatitis B or hepatitis C infection, or if it contacts the other person's face, eyes, mouth or an open wound (Utah Code 76-5-102.9).

Pregnant victims. Simple assault is a class A misdemeanor when the victim is pregnant and the person knows it (76-5-102(3)(b)(ii)).

Domestic violence assault in Utah

Utah does not have a separate domestic assault crime. Utah Code 77-36-1 designates certain offenses as domestic violence when committed by one cohabitant against another: "'Domestic violence offense' or 'domestic violence' includes the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is: (i) a felony or misdemeanor offense described in" a list that includes Section 76-5-102, assault, and Section 76-5-103, aggravated assault.

Utah assault and battery laws: assaults on school employees

Utah Code 77-36-1.1 raises the level of some repeat domestic violence offenses. Under subsection (3), a domestic violence offense designated as a class B misdemeanor becomes a class A misdemeanor if it is committed or the person is convicted of it within 10 years after a conviction for a qualifying domestic violence offense that is not a property damage offense, or within five years after a conviction for a property damage offense. Under subsection (4), a domestic violence class B misdemeanor offense against the person becomes a third degree felony in the sequences of prior qualifying domestic violence convictions that the subsection lists. Subsection (4)(b) also covers a domestic violence offense designated a class A misdemeanor that is committed, or of which the person is convicted, within 10 years after a qualifying domestic violence conviction that is not a property damage offense, or within five years after a property damage offense conviction.

Committing domestic violence in the presence of a child is a separate offense under Utah Code 76-5-114: the conduct in subsections (2)(a) to (2)(c) is a third degree felony and the conduct in (2)(d) is a class B misdemeanor, and "A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant."

Under federal law, a conviction for a misdemeanor crime of domestic violence bars possessing a firearm or ammunition (18 U.S.C. 922(g)(9)); the assault and battery laws hub covers the federal layer. Protective orders are covered in Utah restraining order laws.

Recent changes

The Utah Legislature changed the assault sections in its 2026 General Session. S.B. 63 (Laws 2026, chapter 251), effective May 6, 2026, amended 76-5-102 and 76-5-103, including the training and sport chokehold provision now in 76-5-102(5). S.B. 27 (Laws 2026, chapter 246), effective May 6, 2026, amended the peace officer section, 76-5-102.4, and enacted the separate military service member section, 76-5-102.10.

Two changes are scheduled for January 1, 2027: the health facility employee branch of 76-5-102.7 is repealed under 63I-2-276(1), and a new version of the threat of violence section, 76-5-107, amended by Laws 2026, chapter 445, takes effect.

Civil lawsuits for assault

A criminal prosecution and a civil lawsuit are separate proceedings, and a civil claim for assault or battery has its own filing deadline. Utah's civil deadlines are collected in our guide to the Utah statute of limitations.

Self-defense and defense of others are justifications with their own rules; see Utah self-defense laws rather than this page. For protective orders after an assault or threat, see Utah restraining order laws. For clearing a past record, see Utah expungement laws.

This article provides general legal information about Utah assault statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Utah.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Utah?

Utah has no crime called battery. Utah Code 76-5-102 defines a single offense, assault, that covers attempting to inflict bodily injury with unlawful force or violence and any act with unlawful force or violence that causes bodily injury or creates a substantial risk of it.

Is assault a felony in Utah?

Simple assault is not: it is a class B misdemeanor, or a class A misdemeanor for substantial bodily injury or a known pregnant victim (Utah Code 76-5-102(3)). Aggravated assault under 76-5-103 is a felony, third degree by default and second degree when it results in serious bodily injury or an act impeding breathing or blood circulation produces a loss of consciousness. Other sections, including mayhem, assault by a prisoner and some protected-victim assaults, are also felonies.

What is the penalty for simple assault in Utah?

As a class B misdemeanor, simple assault carries up to 6 months in jail (Utah Code 76-3-204(2)) and a fine up to $1,000 (76-3-301(1)(d)). As a class A misdemeanor under chapter 5, it generally carries up to one year (76-3-204(1)(b)) and a fine up to $2,500.

What happens if you assault a police officer in Utah?

Under Utah Code 76-5-102.4, an assault or threat of violence against a peace officer, by a person who knows the victim is a peace officer and acts intentionally against an officer acting within the scope of authority or because of the officer's status, is a class A misdemeanor. It is a third degree felony with a qualifying prior conviction or substantial bodily injury, and a second degree felony if the person uses a dangerous weapon or other means or force likely to produce death or serious bodily injury; a second offense carries a minimum of 90 consecutive days in jail or another correctional facility, which the court may suspend on specific findings on the record.

Is choking someone aggravated assault in Utah?

Yes, when the assault conduct includes an act that intentionally or knowingly impedes breathing or blood circulation by applying pressure to the neck or throat or obstructing the nose, mouth or airway (Utah Code 76-5-103(2)(b)(ii)). It is a third degree felony, or a second degree felony if it produces a loss of consciousness; section 76-5-102(5) excludes from simple assault a chokehold used in training for or participating in a practice or sport in which a chokehold is a known and acceptable practice, such as martial arts or wrestling, when the other individual is also training for or participating in it.

Is assaulting a teacher a crime in Utah?

Utah Code 76-5-102.3 makes assault or a threat of violence against an employee of a public or private school a class A misdemeanor when the person knows the victim is an employee and the employee is acting within the scope of the employee's authority. Separately, Utah Code 76-3-203.2 raises a chapter 5 offense by one degree when it is committed against a certificated public school educator acting within the course of employment, so a class A misdemeanor becomes a third degree felony.

Is domestic assault a separate crime in Utah?

No. An assault or aggravated assault by one cohabitant against another is designated a domestic violence offense under Utah Code 77-36-1, and 77-36-1.1 raises the level of certain repeat offenses, for example a class B misdemeanor domestic violence offense to class A when committed within 10 years after a qualifying domestic violence conviction that is not a property damage offense.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Utah Code 76-5-102, Assault(le.utah.gov).gov
  2. Utah Code 76-5-103, Aggravated assault(le.utah.gov).gov
  3. Utah Code 76-5-107, Threat of violence(le.utah.gov).gov
  4. Utah Code 76-5-104, Consensual altercation(le.utah.gov).gov
  5. Utah Code 76-5-102.5, Assault by prisoner(le.utah.gov).gov
  6. Utah Code 76-5-102.4, Assault or threat of violence against a peace officer(le.utah.gov).gov
  7. Utah Code 76-5-102.10, Assault or threat of violence against a military service member(le.utah.gov).gov
  8. Utah Code 76-5-102.7, Assault against health care providers and emergency medical workers(le.utah.gov).gov
  9. Utah Code 76-5-102.3, Assault or threat of violence against a school employee(le.utah.gov).gov
  10. Utah Code 76-5-103.5, Aggravated assault by prisoner(le.utah.gov).gov
  11. Utah Code 76-3-203, Felony sentences(le.utah.gov).gov
  12. Utah Code 76-3-204, Misdemeanor sentences(le.utah.gov).gov
  13. Utah Code 76-3-301, Fines(le.utah.gov).gov
  14. Utah Code 76-1-101.5, Definitions(le.utah.gov).gov
  15. Utah Code 76-5-202, Aggravated murder (definitions)(le.utah.gov).gov
  16. Utah Code 63I-2-276, Repeal dates(le.utah.gov).gov
  17. Utah Code 76-5-102.6, Propelling object or substance at a correctional or peace officer(le.utah.gov).gov
  18. Utah Code 76-5-102.8, Disarming a peace officer(le.utah.gov).gov
  19. Utah Code 76-5-102.9, Propelling a bodily substance(le.utah.gov).gov
  20. Utah Code 77-36-1, Domestic violence definitions(le.utah.gov).gov
  21. Utah Code 77-36-1.1, Enhancement of offense and penalty for subsequent domestic violence offenses(le.utah.gov).gov
  22. Utah Code 76-5-114, Commission of domestic violence in the presence of a child(le.utah.gov).gov
  23. 18 U.S.C. 922, Unlawful acts(www.govinfo.gov).gov
  24. Utah S.B. 63 (2026), Assault Modifications, enrolled(le.utah.gov).gov
  25. Utah S.B. 27 (2026), Assault or Threat of Violence Amendments, enrolled(le.utah.gov).gov
  26. Utah Code 76-3-203.2, Enhanced penalties for offenses against educators and on school premises with a dangerous weapon(le.utah.gov).gov
  27. Utah Code 76-3-203.3, Penalty for hate crimes(le.utah.gov).gov
  28. Utah Code 76-3-203.5, Habitual violent offender(le.utah.gov).gov
  29. Utah Code 76-3-203.8, Increase of sentence if dangerous weapon used(le.utah.gov).gov
  30. Utah Code 76-3-203.14, Victim targeting penalty enhancement(le.utah.gov).gov
  31. Utah Code 76-5-105, Mayhem(le.utah.gov).gov
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