Utah Code
Utah Code § 76-3-203 (2026)
Felony conviction -- Indeterminate term of imprisonment
✓ current as of May 2026
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A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows:
In the case of a felony of the first degree, unless the statute provides otherwise, for a term of not less than five years and which may be for life.
In the case of a felony of the second degree, unless the statute provides otherwise, for a term of not less than one year nor more than 15 years.
In the case of a felony of the third degree, unless the statute provides otherwise, for a term not to exceed five years.
Notes of Decisions
Cited in 112
cases (5 in the last 5 years), 1975–2025 · leading case: State v. Ewell, 883 P.2d 1360 (Utah Ct. App. 1993).
State v. Ewell, 883 P.2d 1360 (Utah Ct. App. 1993). “Ewell argues that the statute applies only where one, who has been sentenced for a firearm felony, is later convicted of another firearm felony.”
State v. Speer, 750 P.2d 186 (Utah 1988). “In sentencing defendant, the judge applied Utah Code Ann. § 76-3-203 (1) (1978), which adds an additional year for the use of a firearm in the commission or furtherance of a felony.”
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.”
Ewing v. California, 538 U.S. 11 (2003). “Utah Code Ann. § 76-3-203 (3) (1999) (amended 2000); § 76-6-412(1)(b)(i) (1999).”
State v. Higginbotham, 917 P.2d 545 (Utah 1996). “For the first degree felony, Higginbotham was sentenced to a term of five years to life, with an additional, consecutive two-year penalty enhancement under Utah Code Ann. § 76-3-203 (1). The trial court imposed a concurrent zero- to five-year term for the third degree felony.”
State v. Russell, 791 P.2d 188 (Utah 1990). “9, § 1 (codified at Utah Code Ann. § 76-3-203 (1) (1977)). The amended enhancement statute states the scope of its coverage in the opening sentence: “A person who has been convicted of a felony may be sentenced.”
State v. Webb, 790 P.2d 65 (Utah Ct. App. 1990). “The court enhanced the penalties pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1989), which provides: A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (1) In the case of a felony of the first degree, for a term…”
State v. Alvarez, 872 P.2d 450 (Utah 1994). “" Utah Code Ann. § 76-3-203 . For first degree felonies, section 76-3-203.”
Rummel v. Estelle, 445 U.S. 263 (1980). “1410, 1413, 1421 (Vernon 1925) (2 to 10 years); Utah Code Ann. §§ 76-3-203 (3), 76-6-405, 76-6-412 (1978), and accompanying Compiler's Note (up to 5 years); Vt.”
State v. Bradshaw, 2004 UT App 298 (Utah Ct. App. 2004). “As Bradshaw points out in his brief, charging him with eleven second degree felonies, each carrying a prison sentence of one to fifteen years, see Utah Code Ann. § 76-3-203 (2) (1999), [6] subjects him to as much as a 165-year prison term for taking a total of $5,400 because he…”
State v. Barrett, 2005 UT 88 (Utah 2005). “Utah Code Ann. § 76-3-203 (1). The district court abused its discretion by reducing those offenses to simple second degree felonies.”
State v. Eldredge, 773 P.2d 29 (Utah 1989). “See Utah Code Ann. §§ 76-3-203 (1) (1978). Eldredge appeals.”
— Utah Code § 76-3-203(1) — 10 cases
Monson v. Carver, 928 P.2d 1017 (Utah 1996).
State v. Webb, 790 P.2d 65 (Utah Ct. App. 1990). “The court enhanced the penalties pursuant to Utah Code Ann. § 76-3-203 (1) (Supp.1989), which provides: A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (1) In the case of a felony of the first degree, for a term…”
State v. Schreuder, 712 P.2d 264 (Utah 1985).
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. Russell, 791 P.2d 188 (Utah 1990). “9, § 1 (codified at Utah Code Ann. § 76-3-203 (1) (1977)). The amended enhancement statute states the scope of its coverage in the opening sentence: “A person who has been convicted of a felony may be sentenced.”
— Utah Code § 76-3-203(2) — 16 cases
State v. Hansen, 734 P.2d 421 (Utah 1986).
State v. Candelario, 909 P.2d 277 (Utah Ct. App. 1995).
State v. Barrett, 2005 UT 88 (Utah 2005). “Utah Code Ann. § 76-3-203 (1). The district court abused its discretion by reducing those offenses to simple second degree felonies.”
State v. Lebeau, 2014 UT 39 (Utah 2014).
State v. Labrum, 881 P.2d 900 (Utah Ct. App. 1994).
— Utah Code § 76-3-203(3) — 6 cases
State v. Woodland, 945 P.2d 665 (Utah 1997).
State v. Hon. Boyden, 2019 UT 11 (Utah 2019).
United States v. Wise, 597 F.3d 1141 (10th Cir. 2010).
State v. Deli, 861 P.2d 431 (Utah 1993).
State v. Walton, 2019 UT App 187 (Utah Ct. App. 2019).
— Utah Code § 76-3-203(4) — 2 cases
State v. Ewell, 883 P.2d 1360 (Utah Ct. App. 1993). “Ewell argues that the statute applies only where one, who has been sentenced for a firearm felony, is later convicted of another firearm felony.”
State v. Hunt, 906 P.2d 311 (Utah 1995).
— Utah Code § 76-3-203(5) — 1 case
State v. Smith, 2005 UT 57 (Utah 2005).
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