Utah Code
Utah Code § 76-5-102.5 (2026)
Assault by prisoner
✓ current as of May 2026
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As used in this section, "assault" means an offense under Section 76-5-102.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits assault by prisoner if the actor:
is a prisoner; and
intending to cause bodily injury, commits an assault.
A violation of Subsection (2) is a third degree felony.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1984–2022 · leading case: State v. DeJesus, 2017 UT 22 (Utah 2017).
State v. DeJesus, 2017 UT 22 (Utah 2017). “DeJesus with one count of assault under Utah Code section 76-5-102.5, which provides that “[a]ny prisoner who commits assault, intending to cause bodily injury, is guilty of a felony of the third degree.”
State v. Griego, 933 P.2d 1003 (Utah Ct. App. 1997). “OPINION BILLINGS, Judge: Danny Griego appeals his convictions of two counts of assault by a prisoner, a third-degree felony, in violation of Utah Code Ann. § 76-5-102.5 (1995), and one count of interference with an arresting officer, a class B misdemeanor, in violation of Utah…”
State v. Duran, 772 P.2d 982 (Utah Ct. App. 1989). “OPINION BILLINGS, Judge: Defendant Rudy Ringo Duran, an inmate at the Utah State Prison, was convicted by a jury of assault by a prisoner, a third degree felony, in violation of Utah Code Ann. § 76-5-102.5 (1978). On appeal, Duran claims (1) the evidence was insufficient to…”
State v. Christensen, 676 P.2d 408 (Utah 1984). “, 1953, § 76-5-102.5. A circuit court judge dismissed the DUI and open container charges and bound the defendant over to the district court for trial on the assault by a prisoner charge.”
State v. Pilling, 875 P.2d 604 (Utah Ct. App. 1994). “OPINION BILLINGS, Presiding Judge: Defendant Michael Wayne Pilling appeals his conviction for assault by a prisoner, a third degree felony, in violation of Utah Code Ann. § 76-5-102.5 (1990). We affirm.”
State v. Davis, 324 P.3d 678 (Utah Ct. App. 2014). “" Utah Code Ann. § 76-5-102.5 (LexisNexis 2008).”
State v. Hebeishy & Sadler, 2022 UT App 136 (Utah Ct. App. 2022). “§ 76-5-102.5(3) (assault by prisoner is a felony); id.”
United States v. Ama, 684 F. App'x 736 (10th Cir. 2017). “Those three prior convictions included assault by a prisoner in violation of Utah Code Ann. § 76-5-102.5 , attempted robbery in violation of Utah Code Ann.”
Ama v. United States, 149 F. Supp. 3d 1323 (D. Utah 2016). “Assault by a Prisoner Petitioner was convicted of assault by prisoner in violation of Utah Code Ann. § 76-5-102.5 . 20 The Tenth Circuit has held that a violation of this statute is a violent felony under the ACCA.”
Pikyavit v. United States, 274 F. Supp. 3d 1258 (D. Utah 2017). “Utah Code § 76-5-102.5 (1995). An element of this offense is the commission, of an assault.”
State v. Jiminez, 761 P.2d 577 (Utah Ct. App. 1988). “Jiminez, while in custody, assaulted a police officer in violation of Utah Code Ann. § 76-5-102.5 (1978). The issue presented is whether defendant made a sufficient showing that a videotape erased at the jail was material to her guilt or innocence such that she could not receive…”
United States v. Tahguv, 264 F. App'x 719 (10th Cir. 2008). “Utah Code Ann. § 76-5-102.5 . Each of these crimes is punishable by more than a one year term of imprisonment.”
— Utah Code § 76-5-102.5(3) — 1 case
State v. Hebeishy & Sadler, 2022 UT App 136 (Utah Ct. App. 2022). “§ 76-5-102.5(3) (assault by prisoner is a felony); id.”
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