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 (2026)

Aggravated assault

✓ current as of May 2026
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As used in this section:
"Chokehold" means the same as that term is defined in Section 76-5-102.
"Targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits aggravated assault if:
the actor attempts, with unlawful force or violence, to do bodily injury to another;
the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
the actor's conduct described in Subsection (2)(a) includes:
the use of:
a dangerous weapon; or
a motor vehicle;
any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence by:
applying pressure to the neck or throat of an individual; or
obstructing the nose, mouth, or airway of an individual; or
other means or force likely to produce death or serious bodily injury.
Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony.
Except as provided in Subsection (3)(c), a violation of Subsection (2) is a second degree felony if:
the act results in serious bodily injury; or
an act under Subsection (2)(b)(ii) produces a loss of consciousness.
A violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.
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 158 cases (18 in the last 5 years), 1974–2026 · 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 22× “Utah Code Ann. § 76-5-103 (1) (1995). Relying on the requirement that "serious bodily injury was intentionally caused" as an aggravating factor amounts to nothing more than prosecution under subsection (1)(a) rather than subsection (1)(b).”
State v. Brown, 853 P.2d 851 (Utah 1992). · cites it 12× “§ 76-5-203 , and aggravated assault, a third degree felony, under Utah Code Ann. § 76-5-103 . We reverse and remand for a new trial because of defense counsel's conflict of interest.”
State v. Peterson, 681 P.2d 1210 (Utah 1984). · cites it 20× “, 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…”
State v. Torres, 2018 UT App 113 (Utah Ct. App. 2018). · cites it 6× “¶12 A jury convicted Torres of one count of aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103 (1) (LexisNexis 2017), and one count of assault, a class A misdemeanor, see id.”
State v. Goins, 2017 UT 61 (Utah 2017). · cites it 4× “Goins was eventually charged with one count of mayhem, a second-degree felony in violation of Utah Code section 76-5-105, and two counts of aggravated assault, both third-degree felonies in violation of Utah Code section 76-5-103. 2 ¶ 7 Both Estrada and Omar testified at a…”
State v. Speer, 750 P.2d 186 (Utah 1988). · cites it 8× “Thus, uncontroverted testimony establishes that he used "force likely to cause death or serious bodily injury," [4] thereby satisfying the requirements of Utah Code Ann. § 76-5-103 (1)(b) (1978). Therefore, even if the jury were to accept defendant's arguments that he did not…”
State v. Doyle, 2018 UT App 239 (Utah Ct. App. 2018). · cites it 4× “Utah Code Ann. § 76-5-103 (2)(b) (LexisNexis Supp.”
State v. McCallie, 2016 UT App 4 (Utah Ct. App. 2016). · cites it 5× “See Utah Code Ann. § 76-5-103 (1) (LexisNexis Supp.”
State v. Rivera, 2022 UT App 44 (Utah Ct. App. 2022). · cites it 5× “” Utah Code Ann. § 76-5-103 (1)(a)(i)–(iii).”
State v. Velarde, 734 P.2d 449 (Utah 1986). · cites it 10× “, 1953, § 76-5-103 (Repl.Vol. 8B, 1978 ed.) states in pertinent part: (1) 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 or…”
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). · cites it 13× “MEMORANDUM DECISION ROTH, Judge: ¶ 1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103 (1)(b), (3) (2008) (current version at id.”
State v. Calvert, 2017 UT App 212 (Utah Ct. App. 2017). · cites it 4× “We note that the jury instructions in this case did not include the variation of aggravated assault that involves the use of "other means or force likely to produce death or serious bodily injury,” See Utah Code Ann. § 76-5-103 (1) (Lex-isNexis 2012).”
Show all 158 citing cases →
— Utah Code § 76-5-103(1) — 11 cases
State v. King, 2024 UT App 151 (Utah Ct. App. 2024).
State v. Peterson, 681 P.2d 1210 (Utah 1984). “, 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…”
State v. Lee, 318 P.3d 1164 (Utah Ct. App. 2014).
State v. Yazzie, 2017 UT App 138 (Utah Ct. App. 2017).
State v. Walker, 2017 UT App 2 (Utah Ct. App. 2017).
— Utah Code § 76-5-103(1)(a) — 8 cases
State v. Hutchings, 285 P.3d 1183 (Utah 2012).
State v. McCallie, 2016 UT App 4 (Utah Ct. App. 2016). “See Utah Code Ann. § 76-5-103 (1) (LexisNexis Supp.”
State v. Berriel, 2011 UT App 317 (Utah Ct. App. 2011). “MEMORANDUM DECISION ROTH, Judge: ¶ 1 Darren Berriel appeals his convictions for aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103 (1)(b), (3) (2008) (current version at id.”
State v. Lucero, 2012 UT App 202 (Utah Ct. App. 2012).
State v. Peterson, 681 P.2d 1210 (Utah 1984). “, 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…”
— Utah Code § 76-5-103(1)(a)(i) — 1 case
State v. Torres, 2018 UT App 113 (Utah Ct. App. 2018). “¶12 A jury convicted Torres of one count of aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103 (1) (LexisNexis 2017), and one count of assault, a class A misdemeanor, see id.”
— Utah Code § 76-5-103(1)(a)(ii) — 2 cases
State v. Torres, 2018 UT App 113 (Utah Ct. App. 2018). “¶12 A jury convicted Torres of one count of aggravated assault, a third degree felony, see Utah Code Ann. § 76-5-103 (1) (LexisNexis 2017), and one count of assault, a class A misdemeanor, see id.”
State v. Young, 2026 UT App 64 (Utah Ct. App. 2026).
— Utah Code § 76-5-103(1)(b) — 6 cases
State v. Hirschi, 2007 UT App 255 (Utah Ct. App. 2007).
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015).
State v. Lipsky, 608 P.2d 1241 (Utah 1980).
State v. Kerr, 2010 UT App 50 (Utah Ct. App. 2010).
State v. Loeffel, 2013 UT App 85 (Utah Ct. App. 2013).
— Utah Code § 76-5-103(1)(b)(i) — 1 case
State v. Rivera, 2022 UT App 44 (Utah Ct. App. 2022). “” Utah Code Ann. § 76-5-103 (1)(a)(i)–(iii).”
— Utah Code § 76-5-103(1)(b)(iii) — 1 case
State v. King, 2024 UT App 151 (Utah Ct. App. 2024).
— Utah Code § 76-5-103(2) — 4 cases
State v. Graydon, 2023 UT App 4 (Utah Ct. App. 2023).
State v. Chavez-Espinoza, 2008 UT App 191 (Utah Ct. App. 2008).
State v. Thompson, 2020 UT App 148 (Utah Ct. App. 2020).
State v. Sotolongo, 2003 UT App 214 (Utah Ct. App. 2003).
— Utah Code § 76-5-103(2)(a) — 1 case
State v. Rodriguez, 2025 UT App 84 (Utah Ct. App. 2025).
— Utah Code § 76-5-103(2)(a)(ii) — 3 cases
State v. Brown, 2025 UT App 31 (Utah Ct. App. 2025).
State v. Graydon, 2023 UT App 4 (Utah Ct. App. 2023).
State v. Hernandez, 2025 UT App 90 (Utah Ct. App. 2025).
— Utah Code § 76-5-103(2)(b) — 2 cases
State v. Farnworth, 2018 UT App 23 (Utah Ct. App. 2018).
State v. Kirby, 2016 UT App 193 (Utah Ct. App. 2016).
— Utah Code § 76-5-103(2)(b)(ii) — 1 case
State v. Cartwright, 2026 UT App 78 (Utah Ct. App. 2026).
— Utah Code § 76-5-103(3) — 1 case
State v. Hebeishy & Sadler, 2022 UT App 136 (Utah Ct. App. 2022).
— Utah Code § 76-5-103(a) — 1 case
State v. Peterson, 681 P.2d 1210 (Utah 1984). “, 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…”
— Utah Code § 76-5-103(b) — 3 cases
State v. Peterson, 681 P.2d 1210 (Utah 1984). “, 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…”
State v. Velarde, 734 P.2d 449 (Utah 1986). “, 1953, § 76-5-103 (Repl.Vol. 8B, 1978 ed.) states in pertinent part: (1) 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 or…”
State v. Royball, 710 P.2d 168 (Utah 1985).
— Utah Code § 76-5-103(l)(a) — 3 cases
In the Interest of Mep, 2005 UT App 227 (Utah Ct. App. 2005).
State v. Peterson, 681 P.2d 1210 (Utah 1984). “, 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…”
State in Interest of A.B., 936 P.2d 1091 (Utah Ct. App. 1997).
— Utah Code § 76-5-103(l)(b) — 6 cases
State v. Oldroyd, 685 P.2d 551 (Utah 1984).
State v. Royball, 710 P.2d 168 (Utah 1985).
State v. Russell, 791 P.2d 188 (Utah 1990).
State v. Lipsky, 608 P.2d 1241 (Utah 1980).
State v. Quada, 918 P.2d 883 (Utah Ct. App. 1996).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.