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

Utah Code § 76-3-204 (2026)

Misdemeanor conviction -- Term of imprisonment

✓ current as of May 2026
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A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:

Except as provided in Subsection (1)(b), in the case of a class A misdemeanor, for a term not exceeding 364 days.
Except as provided in Subsection (1)(b)(ii), in the case of a class A misdemeanor under Title 76, Chapter 5, Offenses Against the Individual, for a term not exceeding one year.
For a class A misdemeanor for one of following offenses, for a term not exceeding 364 days:
Section 76-5-102.9, propelling a bodily substance or material as described in Section 76-5-102.9;
Section 76-5-107.5, prohibition of "hazing";
Section 76-5-113, surreptitious administration of certain substances; or
Section 76-5-303, custodial interference.
In the case of a class B misdemeanor, for a term not exceeding six months.
In the case of a class C misdemeanor, for a term not exceeding 90 days.
Notes of Decisions
Cited in 29 cases (2 in the last 5 years), 1975–2025 · leading case: H. L. v. Matheson, 450 U.S. 398 (1981).
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H. L. v. Matheson, 450 U.S. 398 (1981). · cites it 2× “Utah Code Ann. §§ 76-3-204 (1), 76-3-301 (3), 76-7-314 (3) (1978).”
State v. Wood, 648 P.2d 71 (Utah 1982). · cites it 2× “Whether the appointment of an alienist is made under § 76-3-204, or in another manner, we agree that Wood was entitled to psychiatric or psychological assistance in the penalty phase beyond that which had been afforded him prior to trial.”
State v. Palmer, 2008 UT App 206 (Utah Ct. App. 2008). · cites it 4× “" Utah Code Ann. § 76-3-204 (2003). Thus, anytime the legislature determines the punishment for a repeat offender should extend incarceration beyond one year, it must do so by changing the level of the offense to a felony.”
State v. Sanchez, 2015 UT App 58 (Utah Ct. App. 2015). · cites it 8× “Accordingly, because a class A misdemeanor is a crime for which a sentence of one year may be imposed and the trial court did not abuse its discretion in denying Sanchez’s request for a section 402(1) reduction, Sanchez’s actual sentence is irrelevant to the potential for…”
State v. Weeks, 2002 UT 98 (Utah 2002). · cites it 2× “§ 76-3-204 (providing that a person who has been convicted of a class A misdemeanor may be sentenced to imprisonment for a term not exceeding one year).”
State v. Patience, 944 P.2d 381 (Utah Ct. App. 1997). · cites it 2× “" Under Utah Code Ann. § 76-3-204 (1) (1995), a person who has been convicted of a class A misdemeanor may be sentenced to imprisonment "for a term not exceeding one year.”
Thomas v. State, 634 A.2d 1 (Md. 1993). · cites it 2× “Utah 6 months and/or $1,000, Utah Code Ann. §§ 76-3-204 , 76-3-301 and 76-5-102 (1953, 1990 Repl.”
State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). · cites it 4× “" Utah Code Ann. § 76-3-204 (1) (2008). Additionally, the trial court has discretion in determining whether multiple misdemeanor offenses should run consecutively or concurrently.”
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016). “§ 41 -6a-503(1)(a), punishable by up to six months for a first offense, Utah Code Ann. § 76-3-204 (2). 34. Vermont law does not “provide that certain classes of offenses shall be tried without a jury or authorize the legislature to make such provision by statutory enactment.”
State v. Horvath, 2018 UT App 165 (Utah Ct. App. 2018). · cites it 2× “for a term not exceeding one year" for a class A misdemeanor, or "for a term not exceeding six months" for a class B misdemeanor); id.”
Richfield City v. Walker, 790 P.2d 87 (Utah Ct. App. 1990). · cites it 2× “The ordinance merely contains a longhand description of the penalty for a class B misdemeanor as set forth in Utah Code Ann. § 76-3-204 (2) (1978), imprisonment “for a term not exceeding six months.”
Home Box Off., Inc. v. Wilkinson, 531 F. Supp. 987 (D. Utah 1982). · cites it 2× “See Utah Code Ann. §§ 76-3-204 , -301, & -302 (1978); see also id.”
Show all 29 citing cases →
— Utah Code § 76-3-204(1) — 2 cases
H----L v. Matheson, 604 P.2d 907 (Utah 1980).
State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). “" Utah Code Ann. § 76-3-204 (1) (2008). Additionally, the trial court has discretion in determining whether multiple misdemeanor offenses should run consecutively or concurrently.”
— Utah Code § 76-3-204(2) — 7 cases
State v. Schweitzer, 943 P.2d 649 (Utah Ct. App. 1997).
State v. Gutierrez-Perez, 337 P.3d 205 (Utah 2014).
State v. Gutierrez-Perez, 2014 UT 11 (Utah 2014).
State v. Sanchez, 2015 UT App 58 (Utah Ct. App. 2015). “Accordingly, because a class A misdemeanor is a crime for which a sentence of one year may be imposed and the trial court did not abuse its discretion in denying Sanchez’s request for a section 402(1) reduction, Sanchez’s actual sentence is irrelevant to the potential for…”
State v. Cushing, 88 P.3d 368 (Utah Ct. App. 2004).
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