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

Utah Code § 76-5-102.4 (2026)

Assault or threat of violence against a peace officer or a family member of a peace officer

✓ current as of May 2026
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As used in this section:
"Assault" means an offense under Section 76-5-102.
"Family member" means an individual's spouse, surviving spouse, parent, grandparent, sibling, child, or any other individual related to the individual by consanguinity or affinity to the second degree.
"Peace officer" means:
a law enforcement officer certified under Section 53-13-103;
a correctional officer under Section 53-13-104;
a special function officer under Section 53-13-105; or
a federal officer under Section 53-13-106.
"Threat of violence" means an offense under Section 76-5-107.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits assault or threat of violence against a peace officer or a family member of a peace officer if:
the actor commits an assault or threat of violence against a peace officer or a family member of a peace officer;
the actor knows that the individual described in Subsection (2)(a) is a peace officer or a family member of a peace officer; and
the assault or threat of violence described in Subsection (2)(a) is intentionally committed:
against a peace officer at the time the officer is acting within the scope of the peace officer's authority as a peace officer;
against a peace officer because of the peace officer's status as a peace officer; or
against a family member of a peace officer because of the peace officer's status as a peace officer.
Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a class A misdemeanor.
Except as provided in Subsection (3)(c), a violation of Subsection (2) is a third degree felony if the actor:
has been previously convicted of a class A misdemeanor or a felony violation of:
this section; or
assault or threat of violence against a military service member as described in Section 76-5-102.10; or
causes substantial bodily injury.
A violation of Subsection (2) is a second degree felony if the actor uses:
a dangerous weapon; or
other means or force likely to produce death or serious bodily injury.
This section does not affect or limit any individual's constitutional right to the lawful expression of free speech, the right of assembly, or any other recognized rights secured by the Utah Constitution or state law, or by the United States Constitution or federal law.
An actor who violates this section shall serve, in jail or another correctional facility, a minimum of:
90 consecutive days for a second offense; and
180 consecutive days for each subsequent offense.
The court may suspend the imposition or execution of the sentence required under Subsection (5) if the court finds that the interests of justice would be best served by the suspension and the court makes specific findings concerning the disposition on the record.
Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1984–2025 · leading case: State v. Gardiner, 814 P.2d 568 (Utah 1991).
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State v. Gardiner, 814 P.2d 568 (Utah 1991). · cites it 70× “Utah Code Ann. §§ 76-5-102.4 , 76-8-305 (1990).”
Salt Lake City v. Christensen, 2007 UT App 254 (Utah Ct. App. 2007). · cites it 23× “Christensen appeals his convictions of assault on a peace officer, a class A misdemeanor, see Utah Code Ann. § 76-5-102.4 (1) (20083), and disorderly conduct, a class C misdemeanor, see id.”
State v. Alonzo, 932 P.2d 606 (Utah Ct. App. 1997). · cites it 12× “OPINION JACKSON, Judge: Defendants Francisco Alonzo and Miguel Alonzo-Nolasco appeal their jury convictions for assaulting a police officer, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-102.4 (1995). Miguel Alonzo-Nolasco also appeals his conviction for…”
State v. Trane, 2002 UT 97 (Utah 2002). · cites it 4× “In that case, the defendant, Gardiner, was convicted of assaulting an officer, in violation of section 76-5-102.4, and interfering with an arresting officer, in violation of section 76-8-305.”
State v. Griego, 933 P.2d 1003 (Utah Ct. App. 1997). · cites it 16× “After closely scrutinizing the statutory language of Utah Code Ann. § 76-5-102.4 (1990) (assaulting a police officer), [2] the court concluded a person was not authorized to forcibly resist an illegal search and subsequent arrest if the officer was "`acting within the scope of…”
State v. Duran, 772 P.2d 982 (Utah Ct. App. 1989). · cites it 6× “Second, Duran asserts the trial court erred in refusing to reduce the felony assault charge to a misdemeanor because Utah Code Ann. § 76-5-102.5 (1978), a third degree felony, and Utah Code Ann.”
State v. Wallace, 2002 UT App 295 (Utah Ct. App. 2002). · cites it 4× “§ 76-8-510 (1995), Assault Against a Police Officer, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-102.4 (1995), Possession of Drug Paraphernalia, a class B misdemeanor, *1150 in violation of Utah Code Aun.”
Salt Lake City v. Smoot, 921 P.2d 1003 (Utah Ct. App. 1996). · cites it 4× “Utah Code Ann. § 76-5-102.4 (1990) (emphasis added).”
Epps v. State, 634 A.2d 20 (Md. 1993). · cites it 2× “Utah 1 year and/or $2,500, Utah Code Ann. § 76-5-102.4 , 76-3-204 and 76-3-301 (1953, 1990 Repl.”
State v. Christensen, 676 P.2d 408 (Utah 1984). “” Following the district court’s ruling that the evidence should be suppressed because the arrest was unlawful, the defendant moved to dismiss the case, and the State requested leave to amend the information to charge the defendant with the lesser crime of assault against a…”
State v. Ramirez, 814 P.2d 1131 (Utah Ct. App. 1991). · cites it 2× “Although Officer Rowley testified only that he suspected an assault on an officer, which is by itself a class A misdemeanor, Utah Code Ann. § 76-5-102.4 (1990), it would not have been unreasonable to suspect aggravated assault, Utah Code Ann.”
City of Champaign v. Torres, 803 N.E.2d 971 (Ill. App. Ct. 2004). “2d 568, 574 (Utah 1991), the Supreme Court of Utah addressed whether a police officer was "acting within the scope of his authority as a peace officer" ( Utah Code Ann. §76-5-102.4 (1990)) when he unlawfully entered a building to conduct a search.”
Show all 22 citing cases →
— Utah Code § 76-5-102.4(1) — 1 case
Salt Lake City v. Christensen, 2007 UT App 254 (Utah Ct. App. 2007). “Christensen appeals his convictions of assault on a peace officer, a class A misdemeanor, see Utah Code Ann. § 76-5-102.4 (1) (20083), and disorderly conduct, a class C misdemeanor, see id.”
— Utah Code § 76-5-102.4(2)(a) — 2 cases
State v. Parkinson, 2018 UT App 62 (Utah Ct. App. 2018).
Hall v. Brown (D. Utah 2022).
— Utah Code § 76-5-102.4(4) — 1 case
State v. Vict. Asta, 2018 UT App 220 (Utah Ct. App. 2018).
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