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

Utah Code § 76-5-103.5 (2026)

Aggravated assault by prisoner

✓ current as of May 2026
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As used in this section, "aggravated assault" means an offense under Section 76-5-103.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits aggravated assault by prisoner if the actor:
is a prisoner; and
commits aggravated assault.
A violation of Subsection (2) is a second degree felony.
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a first degree felony if serious bodily injury was intentionally caused.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1988–2022 · 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 210× “Utah Code Ann. § 76-5-103.5 (2)(b) (1995).”
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). · cites it 5× “The Proceedings ¶9 The State charged Holsomback with aggravated assault by a prisoner, see Utah Code Ann. § 76-5-103.5 (LexisNexis 2017); possession of a prohibited item in a correctional facility, see id.”
State v. Redcap, 318 P.3d 1202 (Utah Ct. App. 2014). · cites it 2× “See Utah Code Ann. § 76-5-103.5 (a) (Lexis-Nexis 2003); id.”
Lancaster v. Utah Bd. of Pardons, 869 P.2d 945 (Utah 1994). · cites it 2× “In March 1987, Lancaster was convicted of aggravated assault by a prisoner, a first degree felony under section 76-5-103.5 of the Utah Code. The court gave Lancaster an indeterminate sentence of five years to life, with this second prison term to start upon completion of his…”
State v. Lancaster, 765 P.2d 872 (Utah 1988). · cites it 8× “HOWE, Associate Chief Justice: Defendant appeals from a conviction and sentence for aggravated assault by a prisoner, in violation of Utah Code Ann. § 76-5-103.5 (2)(a) (1978).”
State v. Duran, 2011 UT App 319 (Utah Ct. App. 2011). · cites it 2× “appeals the sentences arising out of his convictions for aggravated assault by a prisoner, a second degree felony, see Utah Code Ann. § 76-5-103.5 (1) (2008), and assault by a prisoner, a third degree felony, see id.”
— Utah Code § 76-5-103.5(1) — 1 case
State v. Holsomback, 2022 UT App 72 (Utah Ct. App. 2022). “The Proceedings ¶9 The State charged Holsomback with aggravated assault by a prisoner, see Utah Code Ann. § 76-5-103.5 (LexisNexis 2017); possession of a prohibited item in a correctional facility, see id.”
— Utah Code § 76-5-103.5(2) — 1 case
State v. Gardner, 947 P.2d 630 (Utah 1997). “Utah Code Ann. § 76-5-103.5 (2)(b) (1995).”
— Utah Code § 76-5-103.5(2)(b) — 1 case
State v. Gardner, 947 P.2d 630 (Utah 1997). “Utah Code Ann. § 76-5-103.5 (2)(b) (1995).”
— Utah Code § 76-5-103.5(2)(c) — 1 case
State v. Gardner, 947 P.2d 630 (Utah 1997). “Utah Code Ann. § 76-5-103.5 (2)(b) (1995).”
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