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Utah Code Title 76. Utah Criminal Code § 76-3-203.17 § 76-3-203.17. Enhancement of an offense for road rage

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Roadway” means the same as that term is defined in Section 41-1a-1101.

(b) “Operator” means the same as that term is defined in Section 41-6a-102.

(c) “Vehicle” means the same as that term is defined in Section 41-1a-102.

(2) If the trier of fact finds that an actor was an operator or passenger of a vehicle and the actor committed an offense in response to an incident that occurred or escalated upon a roadway and with the intent to endanger or intimidate an individual in another vehicle, the actor is guilty of:

(a) a class A misdemeanor if the actor is charged with an offense that is designated by law as a class B misdemeanor;

(b) a third degree felony if the actor is charged with an offense that is designated by law as a class A misdemeanor;

(c) a third degree felony if the actor is charged with an offense that is designated by law as a third degree felony; or

(d) a second degree felony if the actor is charged with an offense that is designated by law as a second degree felony.

(3)(a) If an actor is guilty of a class A misdemeanor as described in Subsection (2)(a), the court shall impose a mandatory fine of no less than $750 in addition to any other penalty the court may impose for a class A misdemeanor.

(b) If an actor is guilty of a third degree felony as described in Subsection (2)(b), the court shall impose a mandatory fine of no less than $1,000 in addition to any other penalty the court may impose for a third degree felony.

(c) If an actor is guilty of a third degree felony as described in Subsection (2)(c), the court shall impose:

(i) a mandatory fine of no less than $1,000; and

(ii) an indeterminate term of imprisonment for no less than one year and no more than five years in addition to any other penalty the court may impose for a third degree felony.

(d) If an actor is guilty of a second degree felony as described in Subsection (2)(d), the court shall impose:

(i) a mandatory fine of no less than $1,000; and

(ii) an indeterminate term of imprisonment for no less than two years and no more than 15 years in addition to any other penalty the court may impose for a second degree felony.

(4) Except as otherwise provided by another provision of the Utah Code, the court may suspend the execution of an indeterminate term of imprisonment described in Subsection (3)(c)(ii) or (3)(d)(ii) in accordance with Section 77-18-105.

(5) The prosecuting attorney, or the grand jury if an indictment is returned, shall include notice in the information or indictment that the offense is subject to an enhancement under this section.

(6)(a) If an actor is convicted of an offense and the offense is enhanced under this section, the court may order the suspension of the actor's driver license for a period of no longer than one year, except that the court may not order a suspension of an actor's driver license if the actor's driver license is required to be revoked under Subsection 53-3-220(1).

(b) If the court orders the suspension of the actor's driver license, the court shall:

(i) specify the length of the suspension in the order as described in Section 53-3-225; and

(ii) forward the order of suspension to the Driver License Division.

(7) If an offense is enhanced under this section, the court shall forward a record of conviction for the offense to the Driver License Division.

(8) This section does not affect or limit any individual's constitutional right to lawful expression of free speech or other recognized rights secured by the laws or Constitution of Utah or by the laws or Constitution of the United States.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-203.17 § 76-3-203.17. Enhancement of an offense for road rage - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-203-17/

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