Utah Code
Utah Code § 76-5-102.6 (2026)
Propelling object or substance at a correctional or peace officer -- Penalties
✓ laws through the 2026 General Session (checked Sept. 2026)
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As used in this section, "infectious agent" means the same as that term is defined in Section 26B-7-201.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits the offense of propelling an object or substance at a correctional or peace officer if the actor:
is a prisoner or a detained individual; and
throws or otherwise propels an object or substance at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider.
A violation of Subsection (2) is a class A misdemeanor.
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree felony if:
the object or substance causes substantial bodily injury to the peace officer, the correctional officer, or the employee or volunteer, including a health care provider; or
the object or substance is:
blood, urine, semen, or fecal material;
an infectious agent or a material that carries an infectious agent;
vomit or a material that carries vomit; or
the actor's saliva, and the actor knows the actor is infected with HIV, hepatitis B, or hepatitis C; and
the object or substance comes into contact with any portion of the officer's, employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes into contact with any open wound on the officer's, employee's, volunteer's, or health care provider's body.
If an offense committed under this section amounts to an offense subject to a greater penalty under another provision of state law than under this section, this section does not prohibit prosecution and sentencing for the more serious offense.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1993–2025 · leading case: State v. Paul, 860 P.2d 992 (Utah Ct. App. 1993).
State v. Paul, 860 P.2d 992 (Utah Ct. App. 1993). “He was charged with assault on a correctional officer in violation of Utah Code Ann. § 76-5-102.6 (Supp.1993). The trial court granted defendant's motion to dismiss, holding that defendant's conduct did not violate section 76-5-102.”
State v. Mendoza, 938 P.2d 303 (Utah Ct. App. 1997). “OPINION GREENWOOD, Judge: Defendant Edgardo Mendoza challenges, by interlocutory appeal, the trial court’s order denying his motion to dismiss a charge of Assault on a Correctional Officer, a class A *304 misdemeanor, in violation of Utah Code Ann. § 76-5-102.6 (1995). We affirm.”
State v. Pola, 2025 UT App 143, 579 P.3d 407. “See Utah Code § 76-5-102.6. Under Utah Code section 76-2-102, “when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility.”
Utah Code § 76-5-102.6(2): 1 case
State v. Pola, 2025 UT App 143, 579 P.3d 407. “See Utah Code § 76-5-102.6. Under Utah Code section 76-2-102, “when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility.”
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