Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-1 — Assault and Related Offenses
Utah Code

Utah Code § 76-5-101 (2026)

Definitions

✓ current as of May 2026
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Unless otherwise provided, as used in this part:

"Detained individual" means an individual detained under Section 77-7-15.
"Prisoner" means an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or a facility used for confinement of delinquent juveniles operated by the Division of Juvenile Justice and Youth Services regardless of whether the confinement is legal.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1974–2025 · leading case: State v. Gardner, 947 P.2d 630 (Utah 1997).
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State v. Gardner, 947 P.2d 630 (Utah 1997). · cites it 12× “Utah Code Ann. § 76-5-101 . By including "any person who is in the custody of a peace officer" within the definition of "prisoner," section 76-5-101 makes the prisoner enhancement provisions of section 76-5-103.”
State v. Lee, 2006 UT 5 (Utah 2006). · cites it 3× “See generally Utah Code Ann. §§ 76-5-101 to -118 (2003 & Supp.”
State v. Griego, 933 P.2d 1003 (Utah Ct. App. 1997). · cites it 6× “See Utah Code Ann. §§ 76-5-101 ,-102.5 (1995).”
State v. Pilling, 875 P.2d 604 (Utah Ct. App. 1994). · cites it 8× “” Utah Code Ann. § 76-5-102.4 (1990). .Section 76-5-101 defines a prisoner as "any person who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution regardless of whether the confinement is legal.”
State v. Archuletta, 526 P.2d 911 (Utah 1974). · cites it 4× “1953, as amended), and so far as material reads: “(1) A person commits aggravated assault if he commits assault as defined in section 76-5-101. . . ” Section 76-5-101 referred to reads : For purposes of this part “prisoner” means any person who is ⅛ custody of a peace officer…”
State v. Pola, 2025 UT App 143 (Utah Ct. App. 2025). · cites it 4× “” For purposes of this offense, the controlling statute defines “prisoner” as “an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution,” Utah Code § 76-5-101(2), and the jury was instructed…”
State v. Andrus, 2025 UT 15 (Utah 2025). “§§ 76-5-101 to -704. 23 STATE v. ANDRUS Opinion of the Court or request.”
— Utah Code § 76-5-101(2) — 1 case
State v. Pola, 2025 UT App 143 (Utah Ct. App. 2025). “” For purposes of this offense, the controlling statute defines “prisoner” as “an individual who is in custody of a peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution,” Utah Code § 76-5-101(2), and the jury was instructed…”
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