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 (2026)

Assault

✓ current as of May 2026
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As used in this section, "chokehold" means a restraining hold in which one individual encircles the neck of another individual in a viselike grip using an arm.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits assault if the actor:
attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
commits an act, with unlawful force or violence, that:
causes bodily injury to an individual; or
creates a substantial risk of bodily injury to an individual.
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
A violation of Subsection (2) is a class A misdemeanor if:
the actor causes substantial bodily injury to an individual; or
the individual is pregnant and the actor has knowledge of the pregnancy.
The fact that the actor caused serious bodily injury to an individual is not a defense to a violation of this section.
This section does not apply to an actor's use of a chokehold on another individual if:
the chokehold is done as part of training for, or participating in, a practice or sport in which a chokehold is a known and acceptable practice, including martial arts, wrestling, or mixed martial arts; and
the other individual is also training for, or participating in, the same practice or sport in which a chokehold is a known and acceptable practice.
Notes of Decisions
Cited in 125 cases (5 in the last 5 years), 1974–2025 · leading case: State v. Brown, 853 P.2d 851 (Utah 1992).
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State v. Brown, 853 P.2d 851 (Utah 1992). · cites it 12× “" Utah Code Ann. § 76-5-102 (1)(b). Because similar evidence will likely be offered at a new trial, we address this issue.”
State v. Alvarez, 872 P.2d 450 (Utah 1994). · cites it 12× “See Utah Code Ann. §§ 76-5-102 , 76-5-103. [9] Finally, there is no requirement that a defendant kill the "two or more" persons referred to in section 76-5-202(1)(b) or that a defendant kill one person and be a party to the murder of the others.”
United States v. Davis, 139 S. Ct. 2319 (2019). “056 (1)(4) (2016) ("substantial risk of death or serious physical injury"); Utah Code § 76-5-102(1)(b) (2017) ("substantial risk of bodily injury").”
State v. White, 2011 UT App 162 (Utah Ct. App. 2011). · cites it 14× “OPINION DAVIS, Presiding Judge: 1 Frankie Arnold White appeals his third degree felony assault conviction, see Utah Code Ann. § 76-5-102 (2008); id. § 76-8-2083.”
State v. Sanislo, 2015 UT App 232 (Utah Ct. App. 2015). · cites it 35× “Under this reading, a person who used lethal force to commit an assault resulting in no bodily injury, see Utah Code Ann. § 76-5-102 (1)(a), (b) (LexisNexis 2008), would be guilty of aggravated assault, see id.”
State v. Hamilton, 2003 UT 22 (Utah 2003). · cites it 3× “§ 76-5-102(1)(b). Hamilton advances that the State did not produce sufficient evidence from which a jury could reasonably conclude that his conduct constituted "a threat, accompanied by a show of immediate force or violence," id.”
Layton City v. Carr, 2014 UT App 227 (Utah Ct. App. 2014). · cites it 3× “" Utah Code Ann. § 76-5-102 (1)b) (LexisNexis 2008).”
State v. Farnworth, 2018 UT App 23 (Utah Ct. App. 2018). · cites it 5× “Utah Code Ann. § 76-5-102 (1)(a)-(c) (LexisNexis 2012).”
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). · cites it 8× “Compare Utah Code Ann. § 76-5-102 (defining simple assault), with id.”
State v. Ekstrom, 316 P.3d 435 (Utah Ct. App. 2013). · cites it 11× “See Utah Code Ann. § 76-5-102 (defining assault); id.”
State v. McCallie, 2016 UT App 4 (Utah Ct. App. 2016). · cites it 3× “Utah Code Ann. § 76-5-102 (1)(b) (LexisNexis 2012).”
State v. Peterson, 681 P.2d 1210 (Utah 1984). · cites it 6× “, 1953, § 76-5-103 defines aggravated assault as follows: A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and: (a) He intentionally causes serious bodily injury to another; or (b) He uses a deadly weapon or such means of force likely to…”
Show all 125 citing cases →
— Utah Code § 76-5-102(1) — 12 cases
State v. Bird, 2015 UT 7 (Utah 2015).
State v. Calvert, 2017 UT App 212 (Utah Ct. App. 2017).
State in Interest of Rn, 527 P.2d 1356 (Utah 1974).
State v. Jackson, 2010 UT App 328 (Utah Ct. App. 2010).
State v. Oldroyd, 685 P.2d 551 (Utah 1984).
— Utah Code § 76-5-102(1)(a) — 3 cases
State in Interest of LGW, 641 P.2d 127 (Utah 1982).
State v. Loeffel, 2013 UT App 85 (Utah Ct. App. 2013).
State v. Santonio, 265 P.3d 822 (Utah Ct. App. 2011).
— Utah Code § 76-5-102(1)(b) — 8 cases
United States v. Davis, 139 S. Ct. 2319 (2019). “056 (1)(4) (2016) ("substantial risk of death or serious physical injury"); Utah Code § 76-5-102(1)(b) (2017) ("substantial risk of bodily injury").”
State v. Hamilton, 2003 UT 22 (Utah 2003). “§ 76-5-102(1)(b). Hamilton advances that the State did not produce sufficient evidence from which a jury could reasonably conclude that his conduct constituted "a threat, accompanied by a show of immediate force or violence," id.”
Layton City v. Carr, 2014 UT App 227 (Utah Ct. App. 2014). “" Utah Code Ann. § 76-5-102 (1)b) (LexisNexis 2008).”
State v. McCallie, 2016 UT App 4 (Utah Ct. App. 2016). “Utah Code Ann. § 76-5-102 (1)(b) (LexisNexis 2012).”
State v. Loeffel, 2013 UT App 85 (Utah Ct. App. 2013).
— Utah Code § 76-5-102(1)(c) — 6 cases
State v. Hirschi, 2007 UT App 255 (Utah Ct. App. 2007).
Pleasant Grove City v. Terry, 2020 UT 69 (Utah 2020).
State v. Ricks, 2018 UT App 183 (Utah Ct. App. 2018).
State in Interest of Rn, 527 P.2d 1356 (Utah 1974).
State v. Sanislo, 2015 UT App 232 (Utah Ct. App. 2015). “Under this reading, a person who used lethal force to commit an assault resulting in no bodily injury, see Utah Code Ann. § 76-5-102 (1)(a), (b) (LexisNexis 2008), would be guilty of aggravated assault, see id.”
— Utah Code § 76-5-102(2) — 2 cases
State v. Sanislo, 2015 UT App 232 (Utah Ct. App. 2015). “Under this reading, a person who used lethal force to commit an assault resulting in no bodily injury, see Utah Code Ann. § 76-5-102 (1)(a), (b) (LexisNexis 2008), would be guilty of aggravated assault, see id.”
State v. Jones, 2025 UT App 56 (Utah Ct. App. 2025).
— Utah Code § 76-5-102(3)(a) — 2 cases
State v. Garcia, 2017 UT App 200 (Utah Ct. App. 2017).
State v. Chavez-Espinoza, 2008 UT App 191 (Utah Ct. App. 2008).
— Utah Code § 76-5-102(3)(b)(i) — 1 case
State v. Devan, 2024 UT App 193 (Utah Ct. App. 2024).
— Utah Code § 76-5-102(8) — 2 cases
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015). “Compare Utah Code Ann. § 76-5-102 (defining simple assault), with id.”
State v. Sanislo, 2015 UT App 232 (Utah Ct. App. 2015). “Under this reading, a person who used lethal force to commit an assault resulting in no bodily injury, see Utah Code Ann. § 76-5-102 (1)(a), (b) (LexisNexis 2008), would be guilty of aggravated assault, see id.”
— Utah Code § 76-5-102(8)(a) — 1 case
State v. Lucero, 2012 UT App 202 (Utah Ct. App. 2012).
— Utah Code § 76-5-102(B8)(a) — 1 case
State v. White, 2011 UT App 162 (Utah Ct. App. 2011). “OPINION DAVIS, Presiding Judge: 1 Frankie Arnold White appeals his third degree felony assault conviction, see Utah Code Ann. § 76-5-102 (2008); id. § 76-8-2083.”
— Utah Code § 76-5-102(a) — 2 cases
State v. Davis, 324 P.3d 678 (Utah Ct. App. 2014).
Pikyavit v. United States, 274 F. Supp. 3d 1258 (D. Utah 2017).
— Utah Code § 76-5-102(b) — 3 cases
State v. Hamilton, 2003 UT 22 (Utah 2003). “§ 76-5-102(1)(b). Hamilton advances that the State did not produce sufficient evidence from which a jury could reasonably conclude that his conduct constituted "a threat, accompanied by a show of immediate force or violence," id.”
State v. Royball, 710 P.2d 168 (Utah 1985).
Pikyavit v. United States, 274 F. Supp. 3d 1258 (D. Utah 2017).
— Utah Code § 76-5-102(c) — 1 case
Pikyavit v. United States, 274 F. Supp. 3d 1258 (D. Utah 2017).
— Utah Code § 76-5-102(l)(a) — 2 cases
State in Interest of LGW, 641 P.2d 127 (Utah 1982).
H. A. G. v. Fillis, 577 P.2d 964 (Utah 1978).
— Utah Code § 76-5-102(l)(b) — 1 case
Pikyavit v. United States, 274 F. Supp. 3d 1258 (D. Utah 2017).
— Utah Code § 76-5-102(l)(c) — 2 cases
Salt Lake City v. Newman, 148 P.3d 931 (Utah 2006).
Salt Lake City v. Newman, 2005 UT App 191 (Utah Ct. App. 2005).
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