77-36-1.1 - Enhancement of offense and penalty for subsequent domestic violence offenses.
77-36-1.1. Enhancement of offense and penalty for subsequent domestic violenceoffenses.
(1) For purposes of this section, "qualifying domestic violence offense" means:
(a) a domestic violence offense in Utah; or
(b) an offense in any other state, or in any district, possession, or territory of the UnitedStates, that would be a domestic violence offense under Utah law.
(2) A person who is convicted of a domestic violence offense is:
(a) guilty of a class B misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law asa class C misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committedwithin five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this Subsection(2) within five years after the person is convicted of a qualifying domestic violence offense;
(b) guilty of a class A misdemeanor if:
(i) the domestic violence offense described in this Subsection (2) is designated by law asa class B misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committedwithin five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this Subsection(2) within five years after the person is convicted of a qualifying domestic violence offense; or
(c) guilty of a felony of the third degree if:
(i) the domestic violence offense described in this Subsection (2) is designated by law asa class A misdemeanor; and
(ii) (A) the domestic violence offense described in this Subsection (2) is committedwithin five years after the person is convicted of a qualifying domestic violence offense; or
(B) the person is convicted of the domestic violence offense described in this Subsection(2) within five years after the person is convicted of a qualifying domestic violence offense.
(3) For purposes of this section, a plea of guilty or no contest to any qualifying domesticviolence offense in Utah which plea is held in abeyance under Title 77, Chapter 2a, Pleas inAbeyance, is the equivalent of a conviction, even if the charge has been subsequently reduced ordismissed in accordance with the plea in abeyance agreement.
Amended by Chapter 55, 2005 General Session