Utah Felony Degrees and Misdemeanor Classes: Sentences and Fines

Utah's classification statutes sort offenses by label rather than by length of sentence. Felonies are capital, first degree, second degree or third degree (Utah Code 76-3-103), misdemeanors are class A, B or C (76-3-104), and infractions sit below them unclassified (76-3-105). Unless the offense statute provides otherwise, a first degree felony carries 5 years to life, a second degree felony 1 to 15 years and a third degree felony up to 5 years (76-3-203), while a class A misdemeanor carries up to 364 days, or up to one year for most offenses against the individual (76-3-204).

Enhancement statutes and the state's sentencing guidelines shape the actual sentence within and above these ranges. For how Utah compares with other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah's offense categories and sentences in Title 76, Chapter 3 (Title 76 has been named "Criminal Offenses" since July 1, 2026), including felony and misdemeanor terms (76-3-203 to -206), fines (76-3-301), enhancements (76-3-203.5 to -203.8, 76-3-407), consecutive sentences (76-3-401), reductions (76-3-402) and probation bars (76-3-406), plus probation length and violations in Title 77, Chapter 18 (77-18-105, 77-18-108) and the sentencing guidelines statute (75E-4-203). It does not cover how individual offenses are graded (see the Utah theft laws and Utah assault and battery laws pages for two examples), time limits for charges, record expungement, parole board practice, juvenile court, city and county ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony vs misdemeanor in Utah

Utah draws the line by category. Utah Code 76-3-103 provides: "Felonies are classified into four categories: (a) Capital felonies; (b) Felonies of the first degree; (c) Felonies of the second degree; (d) Felonies of the third degree." An offense "designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree" (76-3-103(2)).

Misdemeanors follow the same pattern: "Misdemeanors are classified into three categories: (a) Class A misdemeanors; (b) Class B misdemeanors; (c) Class C misdemeanors" (76-3-104(1)). The classification sections (76-3-103 to -105) and the Title 76 definitions in 76-1-101.5 contain no general rule that a felony is a crime punishable by more than one year. The only such definition in Chapter 3 is limited to the habitual violent offender section: "As used in this section," a felony is a violation "for which the maximum punishment the offender may be subjected to exceeds one year in prison" (76-3-203.5(1)(a)).

Utah felony and misdemeanor classes

These are the default terms for each degree or class, which apply "unless the statute provides otherwise." The habitual violent offender statute (76-3-203.5), the repeat sex offender statute (76-3-407) and other enhancements set higher terms for some convictions, described below.

The fine ceilings come from 76-3-301(1): an individual "may be sentenced to pay a fine, not exceeding" the listed amounts, and "(f) any greater amounts specifically authorized by statute." Felony prison terms are indeterminate: a person convicted of a felony "may be sentenced to imprisonment for an indeterminate term" (76-3-203).

The top class is a capital felony. For an adult, "the sentence shall be: (i) death; (ii) an indeterminate prison term of not less than 25 years and that may be for life; or (iii) on or after April 27, 1992, life in prison without parole" (76-3-206(2)(a)). First degree felony aggravated murder is sentenced by the court to life without parole or 25 years to life, and life without parole is not available if the person was under 18 at the offense and was sentenced on or after May 10, 2016 (76-3-207.7). Our page on how long a life sentence lasts in Utah covers what a life term means in practice.

How a Utah sentence is set

The degree sets the outer limits, and the court then weighs the state's sentencing guidelines. Under 76-3-201(2)(b)(iv), in determining the sentence "the court shall consider" the "adult sentencing and supervision length guidelines as defined in Section 75E-4-101." The Sentencing Commission maintains those guidelines to, among other goals, "increase consistency in sentencing" and "enhance the discretion of the sentencing court while preserving the role of the Board of Pardons and Parole" (75E-4-203(1)).

Within an indeterminate prison term, the Board of Pardons and Parole has a role in how long a person serves; the habitual violent offender statute, for example, directs the Board to weigh that status "as an aggravating factor in determining the length of incarceration" (76-3-203.5(2)(c)(ii)).

Several statutes raise the term when the trier of fact makes a finding beyond a reasonable doubt:

• Dangerous weapon (76-3-203.8). If a dangerous weapon was used in the commission or furtherance of a felony, the court "shall increase by one year the minimum term" (setting it at one year if the minimum is zero) and "may increase by five years the maximum sentence" for a second or third degree felony. A person previously imprisoned for a weapon felony who is convicted of another weapon felony receives an added "indeterminate prison term to be not less than five nor more than 10 years to run consecutively."
• Body armor (76-3-203.7). For a violent felony committed with a dangerous weapon while using or wearing body armor, the term is at least six years and may be life for a first degree felony, 2 to 15 years (up to 20 at the court's option) for a second degree felony, and 1 to 5 years (up to 10) for a third degree felony.
• Prisoners (76-3-203.6). If a prisoner serving a capital or first degree felony sentence commits a listed offense, "the offense is a first degree felony and the court shall sentence the defendant to life in prison without parole," unless the court states on the record why an indeterminate term of at least 20 years that may be for life better serves justice. This does not apply to a prisoner under 18 at the offense who is sentenced on or after May 10, 2016.
• Group offenses (76-3-203.1). An actor who commits a listed offense "in concert with two or more individuals" or for the benefit of a criminal street gang or other organized criminal group is "subject to an enhanced penalty for the offense as provided in Subsection (5)."

Consecutive sentences have their own rules. The court "shall order that sentences for state offenses run consecutively if the later offense is committed while the defendant is imprisoned or on parole, unless the court finds and states on the record that consecutive sentencing would be inappropriate," and the "aggregate maximum of all sentences imposed may not exceed 30 years imprisonment," a limit that does not apply when an offense authorizes death or a life maximum, or when the defendant is convicted of an additional offense based on conduct after the initial sentence was imposed (76-3-401(6)).

Habitual violent offenders and repeat sex offenders

Utah's habitual violent offender statute raises the degree. A habitual violent offender is a person convicted in Utah of a violent felony who "on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution" of another state or of the United States, "either at initial sentencing or after revocation of probation" (76-3-203.5(1)(b)); the section lists the violent felonies in 76-3-203.5(1)(c). Under 76-3-203.5(2), "If a person is convicted in this state of a violent felony by plea or by verdict and the trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender under this section, the penalty for a: (a) third degree felony is as if the conviction were for a first degree felony; (b) second degree felony is as if the conviction were for a first degree felony; or (c) first degree felony remains the penalty for a first degree penalty except: (i) the convicted person is not eligible for probation; and (ii) the Board of Pardons and Parole shall consider that the convicted person is a habitual violent offender as an aggravating factor in determining the length of incarceration."

The section has procedural limits. The prosecutor or grand jury "shall provide notice in the information or indictment that the defendant is subject to punishment as a habitual violent offender," including "the case number, court, and date of conviction or commitment of any case relied upon," and a defendant's notice denying a prior "shall be served not later than five days before trial." The enhancement does not apply where the current offense is a grievous sexual offense, child kidnapping, aggravated kidnapping or forcible sexual abuse and applying it "would result in a lower maximum penalty" than the offense statute provides. The section's list of violent felonies includes possession and distribution of apparent child sexual abuse material (76-5b-207, -208) and the obscene-material offense in 76-5b-209.

Repeat sex offenses are handled by 76-3-407. Under 76-3-203.5, "The sentencing enhancement provisions of Section 76-3-407 supersede the provisions of this section." "Notwithstanding any other provision of law, the minimum and maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode," if the trier of fact finds the prior conviction came before the defendant committed the current offense (76-3-407(2)). A "sexual offense" here is a second or third degree felony sexual offense or attempt in Title 76, Chapter 5, Part 4, or one of the listed child sexual abuse material offenses, and lewdness and lewdness involving a child do not count as either the current or the prior offense (76-3-407(1)). The added term runs "in addition to, and consecutive to, any other prison term," and the "entire sentence for the conviction is subject to mandatory imprisonment under Section 76-3-406."

Some offense statutes carry their own repeat ladders. Driving under the influence, for example, is a class B misdemeanor in its basic form; a class A misdemeanor with one prior conviction within 10 years, a passenger under 16 (under 18 if the driver is 21 or older) or certain wrong-way violations; and a third degree felony if the actor has two or more prior convictions within 10 years, or if the current conviction comes at any time after a felony conviction, including a listed conviction reduced under 76-3-402 (41-6a-502(2)).

Offenses with no class stated

Utah fills gaps by default. A felony with no stated punishment or category is a third degree felony (76-3-103(2)). A code offense called a misdemeanor "without specification as to punishment or category is an infraction punishable in accordance with Section 76-3-205" (76-3-104(2)), and after June 30, 2019 the same is true of a county or municipal ordinance misdemeanor with no stated punishment or category (76-3-104(4)). An offense defined outside the code that is not designated a felony or misdemeanor and has no penalty specified is also an infraction (76-3-105(2)).

Can a felony be reduced in Utah?

Yes, through a court reduction under Utah Code 76-3-402. At sentencing, the court "may enter a judgment of conviction for a lower degree of offense than established by statute" if it considers the nature of the offense and the defendant's history and character, gives any victim present and the prosecutor a chance to be heard, and "concludes that the degree of offense established by statute would be unduly harsh to record as a conviction on the record for the defendant" (76-3-402(2)).

The court may also reduce a conviction later, on a motion from the prosecutor or the defendant. After the defendant is successfully discharged from probation or parole for the conviction, the court may reduce it if the reduction is in the interest of justice (76-3-402(3)). After an unsuccessful discharge, a reduction is possible only once the waiting periods and conditions in 76-3-402(4) to (6) are met, among them no new serious offense during the waiting period, no pending criminal case, not being on probation or parole or incarcerated for another offense, and the prosecutor's consent for a violent felony.

The reduction has firm limits:

• "An offense may be reduced only one degree under this section, unless the prosecuting attorney specifically agrees in writing or on the court record that the offense may be reduced two degrees," and never by more than two degrees (76-3-402(11)).
• The court may not reduce a conviction if "the reduction is specifically precluded by law" or if "any unpaid balance remains on court-ordered restitution for the offense" (76-3-402(13)).
• A conviction that requires registration as a sex offender, kidnap offender or child abuse offender may not be reduced until the registration requirements have expired (76-3-402(15)(a)), and a person required to register for life may never obtain a reduction of the conviction that requires registration (76-3-402(15)(b)).
• For the capital and first degree offenses listed in 76-3-406 and sentences increased under 76-3-407, the court may not "enter a judgment for a lower category of offense" if it would shorten the prison sentence (76-3-406).

Since May 6, 2026, a further route applies. "Upon a joint motion from the prosecuting attorney and the defendant," the court may enter a conviction for a lower degree if the defendant, "within one year after sentencing, provides substantial assistance in the criminal investigation, arrest, or prosecution of another individual," and the court finds the reduction "is in the interest of justice and public safety" (76-3-402(7)(a), added by S.B. 184).

Infractions in Utah

An infraction is the lowest tier, and it carries no jail. Under 76-3-205(1), "A person convicted of an infraction may not be imprisoned but may be subject to: (a) a fine, which may include compensatory service as a method to satisfy the fine; (b) forfeiture; (c) disqualification; or (d) any combination of the above." Where no punishment is specified, the person "may be fined as for a class C misdemeanor" (76-3-205(3)), which caps the fine at $750 (76-3-301(1)(e)).

"Infractions are not classified" (76-3-105(1)). Title 76 defines an "offense" as "a violation of any penal statute of this state" (76-1-101.5), and the fine statute applies to an "infraction conviction" (76-3-301(1)(e)).

Probation in Utah

Probation length is tied to the maximum sentence and the guidelines. Under 77-18-105(7)(a), except as provided in subsection (7)(b), probation of an individual placed on probation after December 31, 2018 "(i) may not exceed the individual's maximum sentence; (ii) shall be for a period of time that is in accordance with the adult sentencing and supervision length guidelines ... and (iii) shall be terminated in accordance with" those guidelines.

The 36-month figure applies only to shorter sentences: probation of an individual placed on probation after December 31, 2018, "whose maximum sentence is one year or less, may not exceed 36 months" (77-18-105(7)(b)). Subsection (7) "does not apply to the probation of an individual convicted of an offense for criminal nonsupport under Section 76-7-201" (77-18-105(7)(d)). If criminal accounts receivable remain unpaid when probation ends, the court may require continued payments, but not "beyond the expiration of the defendant's sentence" (77-18-105(8)).

Probation can carry jail. A person on probation for a felony may be required "to serve a period of time as an initial condition of probation that does not exceed one year in a county jail," and the court may add up to one year in county jail immediately before probation ends (77-18-105(6)). A court may order the Division of Adult Probation and Parole to supervise probation only for a class A misdemeanor or a felony (with a narrow class B exception), may order a private organization to supervise only misdemeanor and infraction probation, and may order a local government agency to supervise probation for any crime if the agency has capacity (77-18-105(5)(b)).

Probation is not available in every case. Among the bars:

• Listed capital and first degree offenses (76-3-406). A court "may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense, or order hospitalization," if the effect would shorten the prison sentence, for an actor who commits or attempts a capital or first degree felony that is aggravated child abuse, child torture, aggravated murder, murder, child kidnapping, rape of a child, object rape of a child, sodomy on a child, aggravated sexual abuse of a child, aggravated sexual assault, or the listed forms of aggravated kidnapping, rape, object rape, forcible sodomy and forcible sexual abuse, or for "an offense for which the penalty has been increased under Section 76-3-407." For an attempt, the court may suspend the prison sentence only on record findings that doing so is in the interests of justice and that the actor "does not pose a significant safety risk," with Department of Corrections supervised probation.
• First degree habitual violent offenders. The person "is not eligible for probation" (76-3-203.5(2)(c)(i)).
• Repeat sex offenders. A sentence increased under 76-3-407 is subject to mandatory imprisonment.

What happens after a probation violation

Utah Code 77-18-108 requires a hearing. The court may not "extend the length of a defendant's probation, except upon: (A) waiver of a hearing by the defendant; or (B) a hearing and a finding by the court that the defendant has violated the terms of probation," and may not "revoke a defendant's probation, except upon a hearing and a finding by the court that the terms of probation have been violated" (77-18-108(2)(b)).

"Upon a finding that the defendant violated the terms of the defendant's probation, the court may order the defendant's probation terminated, revoked, modified, continued, or reinstated for all or a portion of the original term of probation" (77-18-108(3)(g)(ii)). If it orders a sanction, the court may order incarceration "consistent with the adult sentencing and supervision length guidelines," order incarceration that deviates from the guidelines "with an explanation for the deviation on the record," order available treatment services, "execute the sentence previously imposed," or order any other appropriate sanction (77-18-108(4)(b)).

Two limits apply. Except as provided in 77-18-105(7), if probation is revoked and later reinstated, "the total time of all periods of probation that the defendant serves, in relation to the same sentence, may not exceed the defendant's maximum sentence." And time already served in jail as a term of probation or for a violation "constitutes service of time toward the sentence previously imposed." The probation period also stops running when a violation report is filed with the court or an order or warrant issues on the alleged violation (77-18-108(5)(b)), and time after a violation is charged and before the revocation hearing, in or out of custody, does not count toward the probation term unless the person is exonerated at the hearing; time in custody awaiting the hearing does count toward any incarceration imposed on revocation (77-18-108(5)(a)). Sections 77-18-105 and 77-18-108 set no fixed cap on jail time for a technical violation; the guidelines are the measure.

Recent changes

• 76-3-204 (current version effective May 7, 2025): its text sets the one-year class A maximum for most Title 76, Chapter 5 offenses, and H.B. 226 (2025) describes itself as amending "the sentence of imprisonment for a class A misdemeanor to one year for certain offenses."
• 2025 re-enactment of 76-3-406: the probation and reduction bar section was repealed and re-enacted by Chapter 193 of the 2025 General Session.
• H.B. 495 (2026, effective May 6, 2026): "amends statutes related to capital felony cases," including the capital sentencing provisions in 76-3-206 and 76-3-207.
• S.B. 184 (2026, effective May 6, 2026): added 76-3-402(7), which allows a lower-degree conviction on a joint motion of the prosecutor and the defendant when the defendant gives substantial assistance within one year after sentencing, described above.
• H.B. 274 (2026): addressed the factors a sentencing court must consider and required the Sentencing Commission to revise the guidelines; 75E-4-203(3) now provides that "Before November 1, 2026, the sentencing commission shall review and revise the adult sentencing and supervision length guidelines, including the scoring factors."
• 2026 amendments to 76-3-203.5 (effective May 6, 2026) and to 77-18-105 and 77-18-108 (effective July 1, 2026): the current text of each section is quoted above.
• S.B. 323 (2026, effective July 1, 2026): "changes the name of: Title 76, Utah Criminal Code, to Title 76, Criminal Offenses; and Title 77, Utah Code of Criminal Procedure, to Title 77, Criminal Procedure." Section numbers cited on this page are unchanged.
• H.B. 90 (2026), taking effect January 1, 2027: will amend 76-3-203.1 (group offense enhancement), 76-3-203.12 and 76-3-209.

Related legal issues

Specific offenses are placed into these degrees and classes by their own statutes. The Utah theft laws page explains how theft is graded into these classes, and the Utah assault and battery laws page does the same for assault.

For clearing a record, see Utah expungement laws. Time limits for bringing felony and misdemeanor charges are on the Utah statute of limitations page.

Utah's class labels can matter under federal firearm law. 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce, and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Utah theft laws
• Utah assault and battery laws
• Utah expungement laws
• How long is a life sentence in Utah
• Colorado felony and misdemeanor classes
• Arizona felony and misdemeanor classes

This article provides general legal information about Utah law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Utah.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Utah?

Utah classifies by label, not by sentence length. Felonies are capital, first, second or third degree (Utah Code 76-3-103), misdemeanors are class A, B or C (76-3-104), and a felony with no stated category is a third degree felony.

How much time is a third degree felony in Utah?

Unless the offense statute provides otherwise, a third degree felony carries an indeterminate prison term of up to 5 years (76-3-203(3)) and a fine of up to $5,000 (76-3-301(1)(b)). Habitual violent offender, weapon and other enhancements can raise the term.

How much time is a second degree felony in Utah?

Unless the offense statute provides otherwise, it carries an indeterminate prison term of 1 to 15 years (76-3-203(2)) and a fine of up to $10,000 (76-3-301(1)(a)). Enhancements such as the habitual violent offender statute can raise it to first degree penalties.

What is a class A misdemeanor in Utah?

It is the highest misdemeanor class. It carries up to 364 days in jail, or up to one year for most class A offenses in Title 76, Chapter 5, and a fine of up to $2,500 (76-3-204(1), 76-3-301(1)(c)).

Is an infraction a crime in Utah?

Utah treats an infraction as an offense but not a misdemeanor or felony: infractions are not classified (76-3-105), and a person convicted of one may not be imprisoned, though a fine of up to $750, forfeiture or disqualification may follow (76-3-205, 76-3-301(1)(e)).

Can a felony be reduced to a misdemeanor in Utah?

Utah Code 76-3-402 lets a court enter a conviction for a lower degree of offense at sentencing if the statutory degree would be unduly harsh to record, or later on a motion after probation or parole ends (with waiting periods after an unsuccessful discharge) or after substantial assistance in another case. The reduction is limited to one degree, or two with the prosecutor's agreement, and is not available for offenses listed in 76-3-406, while restitution is unpaid, or for a registrable offense until registration ends (never for a lifetime registrant).

What is a habitual violent offender in Utah?

A habitual violent offender is a person convicted of a violent felony who has at least two prior violent felony convictions that each led to a prison commitment, at sentencing or after probation was revoked (76-3-203.5(1)(b)). Under Utah Code 76-3-203.5, if the trier of fact finds beyond a reasonable doubt that a person is one, a second or third degree felony is punished as a first degree felony, and a first degree felony carries no probation. The prosecution must give notice in the charging document.

How long is probation in Utah?

For probation that began after December 31, 2018, it may not exceed the person's maximum sentence and follows the adult sentencing and supervision length guidelines; if the maximum sentence is one year or less, it may not exceed 36 months (77-18-105(7)). Criminal nonsupport cases are excepted.

What happens if you violate probation in Utah?

Under Utah Code 77-18-108, the court may revoke probation only after a hearing and a finding of a violation. It may then terminate, revoke, modify, continue or reinstate probation, order incarceration consistent with the guidelines, order treatment, or execute the sentence previously imposed.