Utah § 76-3-406.5 Aggravating factors in imprisonment for certain criminal homicide cases.

Utah Statutes

§ 76-3-406.5 — Aggravating factors in imprisonment for certain criminal homicide cases.

Utah § 76-3-406.5

Title 76Utah Criminal Code

Ch. 76-3Punishments

Part 76-3-4Limitations and Special Provisions on Sentences

This text of Utah § 76-3-406.5 (Aggravating factors in imprisonment for certain criminal homicide cases.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-3-406.5 (2026).

Text

(1)As used in this section:

(1)(a) "Cohabitant" has the same definition as in Section 78B-7-102.

(1)(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:

(3)(a) aggravated murder under Section 76-5-202;

(3)(b) murder under Section 76-5-203; or

(3)(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.

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(1) As used in this section:

(1)(a) "Cohabitant" has the same definition as in Section 78B-7-102.
(1)(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:

(3)(a) aggravated murder under Section 76-5-202;
(3)(b) murder under Section 76-5-203; or
(3)(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.