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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “Cohabitant” has the same definition as in Section 78B-7-102.
(b) “Position of trust” includes the position of a spouse, parent, or cohabitant.
(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.
(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:
(a) aggravated murder under Section 76-5-202;
(b) murder under Section 76-5-203; or
(c) manslaughter under Section 76-5-205.
(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-406-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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