Title 76 - Utah Criminal Code - Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals - Part 5 - Weapons - Section 508.1 - Felony discharge of a firearm -- Penalties.


Published: 2019-05-14

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Utah Code

Page 1

Effective 5/14/2019 76-10-508.1 Felony discharge of a firearm -- Penalties. (1) Except as provided under Subsection (2) or (3), an individual who discharges a firearm is guilty

of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:

(a) the actor discharges a firearm in the direction of one or more individuals, knowing or having reason to believe that any individual may be endangered by the discharge of the firearm;

(b) the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any individual or habitable structure; or

(c) the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.

(2) A violation of Subsection (1) that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years.

(3) A violation of Subsection (1) that causes serious bodily injury to any individual is a first degree felony.

(4) In addition to any other penalties for a violation of this section, the court shall: (a) notify the Driver License Division of the conviction for purposes of any revocation, denial,

suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and (b) specify in court at the time of sentencing the length of the revocation under Subsection

53-3-225(1)(c). (5) This section does not apply to an individual:

(a) who discharges a firearm when that individual is in lawful defense of self or others; (b) who is performing official duties as provided in Section 23-20-1.5 or Subsections

76-10-523(1)(a) through (f) or as otherwise authorized by law; or (c) who discharges a dangerous weapon or firearm from an automobile or other vehicle, if:

(i) the discharge occurs at a firing range or training ground; (ii) at no time after the discharge does the projectile that is discharged cross over or stop at a

location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i);

(iii) the discharge is made as practice or training for a lawful purpose; (iv) the discharge and the location, time, and manner of the discharge are approved by the

owner or operator of the firing range or training ground before the discharge; and (v) the discharge is not made in violation of Subsection (1).

Amended by Chapter 39, 2019 General Session