Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-1 — Classification of Offenses
Utah Code

Utah Code § 76-3-103 (2026)

Felonies classified

✓ current as of May 2026
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Felonies are classified into four categories:
Capital felonies;
Felonies of the first degree;
Felonies of the second degree;
Felonies of the third degree.
An offense designated as a felony either in this code or in another law, without specification as to punishment or category, is a felony of the third degree.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1991–2025 · leading case: State v. Babbel, 813 P.2d 86 (Utah 1991).
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State v. Babbel, 813 P.2d 86 (Utah 1991). · cites it 2× “See Utah Code Ann. § 76-3-103 (1978). Because the sentences of five years to life initially given by the trial judge were valid sentences for first degree felonies, see Utah Code Ann.”
State v. Cesspooch, 2024 UT App 15 (Utah Ct. App. 2024). “§§ 76-3-103 to -105. ¶13 There may be some case in which it might be necessary to inform a jury of the classification for some past offense—if a defendant is charged with unlawfully possessing an item as a convicted felon, for example.”
State in Interest of A.B., 936 P.2d 1091 (Utah Ct. App. 1997). · cites it 2× “Finally, had the Legislature intended “degree of culpability” to mean the same as “degree of offense,” it could have incorporated the pertinent criminal code provision, Utah Code Ann. § 76-3-103 (1995) (classifying felonies by “degree”), into the retention factors.”
State in Interest of AB, 936 P.2d 1091 (Utah Ct. App. 1997). · cites it 2× “Finally, had the Legislature intended "degree of culpability" to mean the same as "degree of offense," it could have incorporated the pertinent criminal code provision, Utah Code Ann. § 76-3-103 (1995) (classifying felonies by "degree"), into the retention factors.”
Fooks v. State (Md. 2025). “§ 16-1-10 ; Utah Code Ann. § 76-3-103 . Maine and New Jersey do not classify crimes as felonies or misdemeanors, but instead have divided crimes into five classes, Me.”
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