Utah Code
Utah Code § 76-3-203.1 (2026)
Enhanced penalty for offenses committed in or for a certain group
✓ current as of May 2026
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1/1/2027
As used in this section:
"Criminal street gang" means the same as that term is defined in Section 76-9-802.
"In concert with two or more individuals" means:
the actor was aided or encouraged by at least two other individuals in committing an offense and was aware of this aid or encouragement; and
"In concert with two or more individuals" means, regarding intent:
any other individual participating as a party need not have the intent to engage in the same offense or degree of offense as the actor; and
a minor is a party if the minor's actions would cause the minor to be a party if the minor were an adult.
"Organized criminal group" means a group of three or more individuals, whether operating formally or informally, that:
has as one of the group's purposes the commission of criminal offenses; and
whose members collectively engage in committing criminal offenses for the financial or other material benefit of the members or group.
"Principal place of residence" means the single location where an individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning, as evidenced by:
the intent expressed by the individual; and
acts of the individual that are consistent or inconsistent with the intent expressed by the individual.
An actor who commits an offense listed in Subsection (6) is subject to an enhanced penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a reasonable doubt that the actor acted:
in concert with two or more individuals;
for the benefit of, at the direction of, or in association with a criminal street gang or other organized criminal group; or
to gain recognition, acceptance, membership, or increased status with a criminal street gang or other organized criminal group.
An actor who commits an offense listed in Subsection (7) is subject to an enhanced penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a reasonable doubt that the actor:
acted in concert with two or more individuals; and
traveled more than 50 miles from the actor's principal place of residence for the purpose of the actor committing an offense listed in Subsection (7); or
acted for the benefit of, at the direction of, or in association with a criminal street gang or other organized criminal group; or
acted to gain recognition, acceptance, membership, or increased status with a criminal street gang or other organized criminal group.
The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be subscribed upon the information or indictment notice that the actor is subject to the enhanced penalties provided under this section.
For an offense listed in Subsection (6) or (7), an actor may be charged as follows:
for a class B misdemeanor, as a class A misdemeanor;
for a class A misdemeanor, as a third degree felony;
for a third degree felony, as a second degree felony; and
for a second degree felony, as a first degree felony.
The offenses referred to in Subsection (2) are:
an offense described in Chapter 5, Part 1, Assault and Related Offenses;
an offense described in Chapter 5, Part 2, Criminal Homicide;
a felony offense described in Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
a felony offense described in Chapter 5, Part 4, Sexual Offenses;
a felony violation of aiding prostitution as described in Section 76-5d-206;
exploiting prostitution as described in Section 76-5d-207;
aggravated exploitation of prostitution under Section 76-5d-208;
robbery as described in Section 76-6-202;
burglary as described in Subsection 76-6-202(3)(b);
aggravated burglary as described in Section 76-6-203;
burglary of a research facility as described in Section 76-6-207;
aggravated robbery as described in Section 76-6-302;
an offense described in Chapter 11, Weapons; and
transporting or harboring aliens as described in Section 76-14-209.
The offenses referred to in Subsection (3) are:
criminal solicitation of a minor as described in Section 76-4-205;
an offense described in Chapter 6, Part 1, Property Destruction;
an offense described in Chapter 6, Part 4, Theft;
an offense described in Chapter 6, Part 6, Retail Theft;
an offense described in Chapter 6, Part 11, Identity Fraud Act;
communications fraud as described in Section 76-6-525; and
an offense described in Chapter 9, Part 16, Money Laundering and Currency Transaction Reporting Act.
A court may, if not otherwise prohibited from doing so by another section of the code, suspend a sentence imposed under this section and place the actor on probation.
It is not a bar to imposing the enhanced penalties under this section that the individuals with whom the actor is alleged to have acted in concert are not identified, apprehended, charged, or convicted, or that any of those individuals are charged with or convicted of a different or lesser offense.
Notes of Decisions
Cited in 42
cases (1 in the last 5 years), 1994–2023 · leading case: State v. Lopes, 1999 UT 24 (Utah 1999).
State v. Lopes, 1999 UT 24 (Utah 1999). “The information also gave notice to Lopes that he was subject to enhanced penalties for the use of a firearm, pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1998) ("firearm enhancement"), and for having acted in concert with two or more persons, pursuant to Utah Code Ann.”
State v. Alvarez, 872 P.2d 450 (Utah 1994). “Utah Code Ann. § 76-3-203.1 (Supp.1993). We conclude, however, that these challenges were not properly preserved for appeal.”
State v. Barrett, 2005 UT 88 (Utah 2005). “When charging the defendants, the State alleged that Pauu and Vimahi committed the offending acts in concert with two or more persons, *684 and were therefore subject to an enhanced penalty in relation to each proven offense as outlined in Utah’s gang enhancement statute, see…”
State v. Kohl, 2000 UT 35 (Utah 2000). “At sentencing, the court determined that the group crime penalty enhancement statute, Utah Code Ann. § 76-3-203.1 , was constitutional and ordered that it be imposed against the defendant for the aggravated burglary offense.”
State v. Labrum, 959 P.2d 120 (Utah Ct. App. 1998). “OPINION ORME, Judge: Defendant Troy Labrum appeals the order that increased the minimum term of his sentence pursuant to Utah Code Ann. § 76-3-203.1 (1995), the so-called “gang enhancement” provision.”
State v. Labrum, 925 P.2d 937 (Utah 1996). “" Utah Code Ann. § 76-3-203.1 (1). Acting "in concert with two or more persons" means that "the defendant and two or more other persons would be criminally liable for the offense as parties under Section 76-2-202.”
State v. Ramirez, 924 P.2d 366 (Utah Ct. App. 1996). “The charging information also alleged the offenses were performed in concert with two or more individuals, and thus, defendant was subject to an enhanced minimum sentence pursuant to Utah Code Ann. § 76-3-203.1 (Supp.1995). A jury trial was held on May 4, 1995.”
State v. Leleae, 993 P.2d 232 (Utah Ct. App. 1999). “§ 76-5-103 (1995), and the trial court imposed an enhanced sentence under Utah Code Ann. § 76-3-203.1 (1) (1999). Defendant appeals, arguing (1) insufficient evidence supported his conviction; (2) errors during voir dire precluded a fair trial; (3) the trial court erred when it…”
State v. Ramirez, 948 P.2d 375 (Utah Ct. App. 1997). “OPINION WILKINS, Associate Presiding Judge: Defendant Arturo Ramirez appeals the sentencing judge’s imposition of an enhanced sentence, entered pursuant to Utah Code Ann. § 76-3-203.1 (1995), requiring him to serve a minimum mandatory term of six years in prison.”
State v. Doyle, 2018 UT App 239 (Utah Ct. App. 2018). “in concert with two or more persons." Id. § 76-3-203.1(2)(a), (5)(b).”
State v. Reyos, 2018 UT App 134 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-3-203.1 (4)(e) (LexisNexis 2012).”
State v. Marquina, 2018 UT App 219 (Utah Ct. App. 2018). “" Utah Code Ann. § 76-3-203.1 (2)(a), (5)(i) (LexisNexis 2017).”
— Utah Code § 76-3-203.1(1) — 3 cases
State v. Kohl, 2000 UT 35 (Utah 2000). “At sentencing, the court determined that the group crime penalty enhancement statute, Utah Code Ann. § 76-3-203.1 , was constitutional and ordered that it be imposed against the defendant for the aggravated burglary offense.”
State v. Leleae, 993 P.2d 232 (Utah Ct. App. 1999). “§ 76-5-103 (1995), and the trial court imposed an enhanced sentence under Utah Code Ann. § 76-3-203.1 (1) (1999). Defendant appeals, arguing (1) insufficient evidence supported his conviction; (2) errors during voir dire precluded a fair trial; (3) the trial court erred when it…”
State v. Ramirez, 948 P.2d 375 (Utah Ct. App. 1997). “OPINION WILKINS, Associate Presiding Judge: Defendant Arturo Ramirez appeals the sentencing judge’s imposition of an enhanced sentence, entered pursuant to Utah Code Ann. § 76-3-203.1 (1995), requiring him to serve a minimum mandatory term of six years in prison.”
— Utah Code § 76-3-203.1(1)(a) — 1 case
State v. Lopes, 1999 UT 24 (Utah 1999). “The information also gave notice to Lopes that he was subject to enhanced penalties for the use of a firearm, pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1998) ("firearm enhancement"), and for having acted in concert with two or more persons, pursuant to Utah Code Ann.”
— Utah Code § 76-3-203.1(1)(b) — 3 cases
State v. Lopes, 1999 UT 24 (Utah 1999). “The information also gave notice to Lopes that he was subject to enhanced penalties for the use of a firearm, pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1998) ("firearm enhancement"), and for having acted in concert with two or more persons, pursuant to Utah Code Ann.”
State v. Labrum, 925 P.2d 937 (Utah 1996). “" Utah Code Ann. § 76-3-203.1 (1). Acting "in concert with two or more persons" means that "the defendant and two or more other persons would be criminally liable for the offense as parties under Section 76-2-202.”
State v. Reyos, 2018 UT App 134 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-3-203.1 (4)(e) (LexisNexis 2012).”
— Utah Code § 76-3-203.1(2) — 2 cases
State v. Gonzalez, 2015 UT 10 (Utah 2015).
State v. Tuinman, 2023 UT App 83 (Utah Ct. App. 2023).
— Utah Code § 76-3-203.1(2)(a) — 1 case
State v. Doyle, 2018 UT App 239 (Utah Ct. App. 2018). “in concert with two or more persons." Id. § 76-3-203.1(2)(a), (5)(b).”
— Utah Code § 76-3-203.1(3) — 1 case
State v. Barrett, 2005 UT 88 (Utah 2005). “When charging the defendants, the State alleged that Pauu and Vimahi committed the offending acts in concert with two or more persons, *684 and were therefore subject to an enhanced penalty in relation to each proven offense as outlined in Utah’s gang enhancement statute, see…”
— Utah Code § 76-3-203.1(3)(d) — 1 case
State v. Barrett, 2005 UT 88 (Utah 2005). “When charging the defendants, the State alleged that Pauu and Vimahi committed the offending acts in concert with two or more persons, *684 and were therefore subject to an enhanced penalty in relation to each proven offense as outlined in Utah’s gang enhancement statute, see…”
— Utah Code § 76-3-203.1(3)(e) — 1 case
State v. Shaffer, 2010 UT App 240 (Utah Ct. App. 2010).
— Utah Code § 76-3-203.1(4) — 2 cases
State v. Lopes, 1999 UT 24 (Utah 1999). “The information also gave notice to Lopes that he was subject to enhanced penalties for the use of a firearm, pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1998) ("firearm enhancement"), and for having acted in concert with two or more persons, pursuant to Utah Code Ann.”
State v. Tuinman, 2023 UT App 83 (Utah Ct. App. 2023).
— Utah Code § 76-3-203.1(4)(d) — 1 case
State v. Doyle, 2018 UT App 239 (Utah Ct. App. 2018). “in concert with two or more persons." Id. § 76-3-203.1(2)(a), (5)(b).”
— Utah Code § 76-3-203.1(5)(a) — 1 case
State v. Ramirez, 948 P.2d 375 (Utah Ct. App. 1997). “OPINION WILKINS, Associate Presiding Judge: Defendant Arturo Ramirez appeals the sentencing judge’s imposition of an enhanced sentence, entered pursuant to Utah Code Ann. § 76-3-203.1 (1995), requiring him to serve a minimum mandatory term of six years in prison.”
— Utah Code § 76-3-203.1(5)(c) — 7 cases
State v. Lopes, 1999 UT 24 (Utah 1999). “The information also gave notice to Lopes that he was subject to enhanced penalties for the use of a firearm, pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1998) ("firearm enhancement"), and for having acted in concert with two or more persons, pursuant to Utah Code Ann.”
State v. Kohl, 2000 UT 35 (Utah 2000). “At sentencing, the court determined that the group crime penalty enhancement statute, Utah Code Ann. § 76-3-203.1 , was constitutional and ordered that it be imposed against the defendant for the aggravated burglary offense.”
State v. Labrum, 925 P.2d 937 (Utah 1996). “" Utah Code Ann. § 76-3-203.1 (1). Acting "in concert with two or more persons" means that "the defendant and two or more other persons would be criminally liable for the offense as parties under Section 76-2-202.”
State v. Ramirez, 924 P.2d 366 (Utah Ct. App. 1996). “The charging information also alleged the offenses were performed in concert with two or more individuals, and thus, defendant was subject to an enhanced minimum sentence pursuant to Utah Code Ann. § 76-3-203.1 (Supp.1995). A jury trial was held on May 4, 1995.”
State v. Labrum, 881 P.2d 900 (Utah Ct. App. 1994).
— Utah Code § 76-3-203.1(5)(e) — 2 cases
State v. Ramirez, 924 P.2d 366 (Utah Ct. App. 1996). “The charging information also alleged the offenses were performed in concert with two or more individuals, and thus, defendant was subject to an enhanced minimum sentence pursuant to Utah Code Ann. § 76-3-203.1 (Supp.1995). A jury trial was held on May 4, 1995.”
State v. Ramirez, 948 P.2d 375 (Utah Ct. App. 1997). “OPINION WILKINS, Associate Presiding Judge: Defendant Arturo Ramirez appeals the sentencing judge’s imposition of an enhanced sentence, entered pursuant to Utah Code Ann. § 76-3-203.1 (1995), requiring him to serve a minimum mandatory term of six years in prison.”
— Utah Code § 76-3-203.1(5)(i) — 1 case
State v. Reyos, 2018 UT App 134 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-3-203.1 (4)(e) (LexisNexis 2012).”
— Utah Code § 76-3-203.1(8) — 1 case
State v. Jones, 2013 UT App 106 (Utah Ct. App. 2013).
— Utah Code § 76-3-203.1(8)(e) — 1 case
State v. Shaffer, 2010 UT App 240 (Utah Ct. App. 2010).
— Utah Code § 76-3-203.1(l)(a) — 2 cases
State v. Leleae, 993 P.2d 232 (Utah Ct. App. 1999). “§ 76-5-103 (1995), and the trial court imposed an enhanced sentence under Utah Code Ann. § 76-3-203.1 (1) (1999). Defendant appeals, arguing (1) insufficient evidence supported his conviction; (2) errors during voir dire precluded a fair trial; (3) the trial court erred when it…”
Moench v. State, 2004 UT App 57 (Utah Ct. App. 2004).
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