Utah Code

Utah Code § 76-3-203.3 (2026)

Penalty for hate crimes -- Civil rights violation

✓ current as of May 2026

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As used in this section:

"Primary offense" means those offenses provided in Subsection (4).

A person who commits any primary offense with the intent to intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person is subject to Subsection (2)(b).

A class C misdemeanor primary offense is a class B misdemeanor; and

a class B misdemeanor primary offense is a class A misdemeanor.

"Intimidate or terrorize" means an act which causes the person to fear for his physical safety or damages the property of that person or another. The act must be accompanied with the intent to cause or has the effect of causing a person to reasonably fear to freely exercise or enjoy any right secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

Primary offenses referred to in Subsection (1) are the misdemeanor offenses for:

assault and related offenses under Sections 76-5-102, 76-5-102.4, 76-5-102.10, 76-5-106, 76-5-107, and 76-5-108;

any misdemeanor property destruction offense under Sections 76-6-102 and 76-6-104, and Subsection 76-6-106(2)(a);

any criminal trespass offense under Sections 76-6-204 and 76-6-206;

any misdemeanor theft offense under Chapter 6, Offenses Against Property;

any offense of obstructing government operations under Sections 76-8-301, 76-8-301.2, 76-8-302, 76-8-305, 76-8-306, 76-8-307, 76-8-308, 76-8-309.2, and 76-8-313;

any offense of interfering or intending to interfere with activities of colleges and universities under Chapter 8, Part 7, Colleges and Universities;

any misdemeanor offense against public order and decency as defined in Chapter 9, Part 1, Breaches of the Peace and Related Offenses, other than Section 76-9-105.5, 76-9-105.6, 76-9-110, 76-9-111, 76-9-112, 76-9-113, or 76-9-114;

any telephone abuse offense under Sections 76-12-202, 76-12-203, 76-12-204, and 76-12-206;

any cruelty to animals offense under Sections 76-13-202, 76-13-203, and 76-13-204;

any weapons offense under Section 76-11-207; or

a violation of Section 76-9-102, if the violation occurs at an official meeting.

This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of the state or by the Constitution or laws of the United States.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2001–2022 · leading case: Ward v. State of Utah, 398 F.3d 1239 (10th Cir. 2005).

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Ward v. State of Utah, 398 F.3d 1239 (10th Cir. 2005). · cites it 3× “Ward with disorderly conduct, and because he allegedly acted “with the intent to intimidate or terrorize another person,” Utah Code Ann. § 76-3-203.3 , the charge was enhanced from a misdemeanor to a felony.”

State v. Lebeau, 2014 UT 39 (Utah 2014). · cites it 2× “§ 76-3-203.3(2)(a) (establishing increased penalties for hate crimes committed “with the intent to intimidate or terrorize another person”).”

J.W. v. State, 30 P.3d 1232 (Utah Ct. App. 2001). · cites it 7× “§ 76-5-102 (1999) and the juvenile court's enhancement of the offense to a third degree felony pursuant to Utah Code Ann. § 76-3-203.3 (1999) (Exercise of Rights Statute).”

In Re Jw, 2001 UT App 208 (Utah Ct. App. 2001). · cites it 21× “§ 76-5-102 (1999) and the juvenile court's enhancement of the offense to a third degree felony pursuant to Utah Code Ann. § 76-3-203.3 (1999) (Exercise of Rights Statute).”

Carter v. Porsche Salt Lake City (D. Utah 2022). · cites it 2× “These include a failure to provide evidence of any violation under the Federal Trade Commission Act, a failure to set forth the elements of equity skimming under Utah Code 76-6-522, and failing to show Defendants acted with any intent to “cause a person to fear to freely…”

— Utah Code § 76-3-203.3(2)(a) — 1 case

State v. Lebeau, 2014 UT 39 (Utah 2014). “§ 76-3-203.3(2)(a) (establishing increased penalties for hate crimes committed “with the intent to intimidate or terrorize another person”).”

— Utah Code § 76-3-203.3(3) — 1 case

In Re Jw, 2001 UT App 208 (Utah Ct. App. 2001). “§ 76-5-102 (1999) and the juvenile court's enhancement of the offense to a third degree felony pursuant to Utah Code Ann. § 76-3-203.3 (1999) (Exercise of Rights Statute).”

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