Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 115 (2015GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the reference to a threat accompanied by force or violence from the current assault offense;
• modifies the offense of aggravated assault to include as an element:
• the reference to a threat accompanied by force or violence;
• an attempt, with unlawful force or violence, to do bodily injury; or
• an act committed with unlawful force or violence that causes injury or creates a substantial risk of injury; and
• modifies the offense of a threat of violence to include the element of a threat accompanied by immediate force or violence to do bodily injury.

Every vote on this bill

Bill text

ASSAULT OFFENSES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding assault and related offenses.
Highlighted Provisions:
This bill:
▸ removes the reference to a threat accompanied by force or violence from the current
assault offense;
▸ modifies the offense of aggravated assault to include as an element:
• the reference to a threat accompanied by force or violence;
• an attempt, with unlawful force or violence, to do bodily injury; or
• an act committed with unlawful force or violence that causes injury or creates a
substantial risk of injury; and
▸ modifies the offense of a threat of violence to include the element of a threat
accompanied by immediate force or violence to do bodily injury.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-102
, as last amended by Laws of Utah 2003, Chapter 109
76-5-103
, as last amended by Laws of Utah 2010, Chapter 193
76-5-107
, as last amended by Laws of Utah 2010, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-102
 is amended to read:
76-5-102.
Assault -- Penalties.
(1) Assault is:
(a) an attempt, with unlawful force or violence, to do bodily injury to another; 
or
[
(b) a threat, accompanied by a show of immediate force or violence, to do bodily
injury to another; or
]
[
(c)
] 
(b)
 an act, committed with unlawful force or violence, that causes bodily injury to
another or creates a substantial risk of bodily injury to another.
(2) Assault is a class B misdemeanor.
(3) Assault is a class A misdemeanor if:
(a) the person causes substantial bodily injury to another; or
(b) the victim is pregnant and the person has knowledge of the pregnancy.
(4) It is not a defense against assault, that the accused caused serious bodily injury to
another.
Section 2. Section 
76-5-103
 is amended to read:
76-5-103.
Aggravated assault -- Penalties.
[
(1) A person commits aggravated assault if the person commits assault as defined in
Section 
76-5-102
 and uses:
]
(1) Aggravated assault is an actor's conduct:
(a) that is:
(i) an attempt, with unlawful force or violence, to do bodily injury to another;
(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury
to another; or
(iii) an act, committed with unlawful force or violence, that causes bodily injury to
another or creates a substantial risk of bodily injury to another; and
(b) that includes the use of:
[
(a)
] 
(i)
 a dangerous weapon as defined in Section 
76-1-601
; or
[
(b)
] 
(ii)
 other means or force likely to produce death or serious bodily injury.
(2) (a) A violation of Subsection (1) is a third degree felony, except under Subsection
(2)(b).
(b) A violation of Subsection (1) that results in serious bodily injury is a second degree
felony.
Section 3. Section 
76-5-107
 is amended to read:
76-5-107.
Threat of violence -- Penalty.
(1) A person commits a threat of violence if
:
(a)
 the person threatens to commit any offense involving bodily injury, death, or
substantial property damage, and acts with intent to place a person in fear of imminent serious
bodily injury, substantial bodily injury, or death[
.
]
; or
(b) the person makes a threat, accompanied by a show of immediate force or violence,
to do bodily injury to another.
(2) A violation of this section is a class B misdemeanor.
(3) It is not a defense under this section that the person did not attempt to or was
incapable of carrying out the threat.
(4) A threat under this section may be express or implied.
(5) A person who commits an offense under this section is subject to punishment for
that offense, in addition to any other offense committed, including the carrying out of the
threatened act.
(6) In addition to any other penalty authorized by law, a court shall order any person
convicted of any violation of this section to reimburse any federal, state, or local unit of
government, or any private business, organization, individual, or entity for all expenses and
losses incurred in responding to the violation, unless the court states on the record the reasons
why the reimbursement would be inappropriate.