Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-2 — Sentencing
Utah Code

Utah Code § 76-3-203.8 (2026)

Increase of sentence if dangerous weapon used

✓ current as of May 2026
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As used in this section, "dangerous weapon" means the same as that term is defined in Section 76-1-101.5.
If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:
shall increase by one year the minimum term of the sentence applicable by law; and
if the minimum term applicable by law is zero, shall set the minimum term as one year; and
may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree.
A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:
a dangerous weapon was used in the commission or furtherance of the felony; and
the defendant knew that the dangerous weapon was present.
If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 2004–2022 · leading case: State v. Alfatlawi, 2006 UT App 511 (Utah Ct. App. 2006).
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State v. Alfatlawi, 2006 UT App 511 (Utah Ct. App. 2006). “§ 76-3-203.8 (Supp.2006), indicates some ambiguity in the statute's legislative intent.”
State v. Guzman, 2004 UT App 211 (Utah Ct. App. 2004). · cites it 2× “Subsequent amendments have no bearing on this case, although it should be noted that the 2003 amendment to section 76-3-203 "transferred the language dealing with dangerous weapons to a new section, Section 76-3-203.8.” Utah Code Ann. § 76-3-203 amendment note (2003).”
State v. Lopez-Gonzalez, 2020 UT App 15 (Utah Ct. App. 2020). · cites it 2× “§ 76-3-203.8. 4. In his opening brief, Lopez-Gonzalez also asserts that we should consider his unpreserved complaint about the “confusing” special verdict forms and jury instructions under the plain error exception to our preservation rule.”
State v. Jimenez, 284 P.3d 640 (Utah 2012). “Munguia, 2011 UT 5, ¶ 13 , 253 P.3d 1082 (''The prejudice analysis is the same under both a plain error and ineffective assistance of counsel framework.”
State v. Irvin, 2007 UT App 319 (Utah Ct. App. 2007). · cites it 2× “We held in Alfatlowi that Utah Code section 76-3-203.8 comports with state and federal double jeopardy protections.”
State v. Ellis, 2020 UT App 119 (Utah Ct. App. 2020). · cites it 3× “2 ¶4 The State charged Ellis in relevant part with aggravated robbery and provided notice that it would seek an enhancement under Utah Code section 76-3-203.8 on account of Ellis’s use of a dangerous weapon during the commission of the robbery.”
State v. Montiel, 2005 UT 48 (Utah 2005). · cites it 4× “See Utah Code Ann. § 76-3-203.8 (Supp.2004). All citations herein are to the law in effect at the time Montiel was tried and convicted.”
State v. Shaffer, 2010 UT App 240 (Utah Ct. App. 2010). · cites it 2× “We note, however, that the modified sentence added approximately thirty-nine days to Shaffer's jail confinement, whereas he could have received an additional year for the weapons enhancement, see Utah Code Ann. § 76-3-203.8 (2)(a) (2008), and an additional term of nine years to…”
State v. Hodge, 2008 UT App 409 (Utah Ct. App. 2008). · cites it 2× “§ 76-3-203.8. We affirm. BACKGROUND 12 Defendant Darryl Eugene Hodge met the victim (Victim) in December 2005.”
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). “§ 76-3-203.8(2)(a). ¶10 At trial, the State presented testimony from the prison officers, the investigator, and the EMT.”
State v. Milligan, 2011 UT App 390 (Utah Ct. App. 2011). · cites it 2× “The State's attorney represented that with the one-year dangerous weapon enhancements on each crime, see Utah Code Ann. § 76-3-203.8 (2)(a)(i) (2008), the minimum sentence for the first-degree murder charge was six years to life and the minimum sentence for the second-degree…”
State v. Ireland, 2005 UT App 209 (Utah Ct. App. 2005). “§ 76-3-203.8 (2004))). We defined “representation” as “an expansive term,” meaning “a statement conveying an impression for the purpose of influencing action.”
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— Utah Code § 76-3-203.8(2) — 1 case
State v. Ellis, 2020 UT App 119 (Utah Ct. App. 2020). “2 ¶4 The State charged Ellis in relevant part with aggravated robbery and provided notice that it would seek an enhancement under Utah Code section 76-3-203.8 on account of Ellis’s use of a dangerous weapon during the commission of the robbery.”
— Utah Code § 76-3-203.8(2)(a) — 1 case
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). “§ 76-3-203.8(2)(a). ¶10 At trial, the State presented testimony from the prison officers, the investigator, and the EMT.”
— Utah Code § 76-3-203.8(3) — 1 case
State v. Jimenez, 284 P.3d 640 (Utah 2012). “Munguia, 2011 UT 5, ¶ 13 , 253 P.3d 1082 (''The prejudice analysis is the same under both a plain error and ineffective assistance of counsel framework.”
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