Utah Code

Utah Code § 76-5-107 (2026)

Threat of violence

✓ current as of May 2026
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1/1/2027

Terms defined in Section 76-1-101.5 apply to this section.
An actor commits a threat of violence if the actor:
threatens to commit an offense:
under Title 76, Chapter 5, Part 4, Sexual Offenses; or
involving bodily injury, death, or substantial property damage; and
acts with intent to place an individual in fear:
that the actor will imminently commit an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against the individual; or
of imminent serious bodily injury, substantial bodily injury, or death; or
makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.
A violation of Subsection (2) is a class B misdemeanor.
An actor who commits an offense under this section is subject to punishment for that offense, in addition to any other offense committed, including the carrying out of the threatened act.
It is not a defense under this section that the actor did not attempt to or was incapable of carrying out the threat.
A threat under Subsection (2) may be express or implied.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2000–2025 · leading case: State v. Graham, 2011 UT App 332 (Utah Ct. App. 2011).
State v. Graham, 2011 UT App 332 (Utah Ct. App. 2011). · cites it 31× “Utah Code Ann. § 76-5-107 (1)(b)(i), (2)(a), (c) (2008) (emphases added) (current version at id.”
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). · cites it 6× “Chief Justice Durrant, opinion of the Court: Introduction ¶1 Randall Josephson was charged in Salt Lake City Justice Court with one count of threat of violence, a class B misdemeanor under Utah Code section 76-5-107. The alleged threat occurred on September 7, 2014.”
Salt Lake City v. Williams, 128 P.3d 47 (Utah Ct. App. 2005). · cites it 10× “OPINION McHUGH, Judge: ¶ 1 Rocky Chad Williams appeals his convictions for making threats against life or property and violation of a protective order, see Utah Code Ann. §§ 76-5-107 to -108 (2003), on the grounds that the trial court improperly admitted hearsay testimony in…”
State v. Lucero, 2002 UT App 135 (Utah Ct. App. 2002). · cites it 2× “¶ 1 Defendant appeals his convictions for terroristic threat, a class B misdemeanor, in violation of Utah Code Ann. § 76-5-107 (1999); and threatening an elected official, a class B misdemeanor, in violation of Utah Code Ann.”
State v. Cravens, 15 P.3d 635 (Utah Ct. App. 2000). · cites it 4× “§ 76-10-506 (1995), and Threats Against Life or Property, a Class B Misdemeanor, in violation of Utah Code Ann. § 76-5-107 (1995). We affirm.”
United States v. Thomson, 354 F.3d 1197 (10th Cir. 2003). “Thus, the weapon was relevant to Thomson’s intent to intimidate others or to actually carry out his threats.”
State v. Williams, 2012 UT App 119 (Utah Ct. App. 2012). · cites it 2× “See generally Utah Code Ann. § 76-5-107 & amend. notes (Supp.”
Lucas v. Sandy City Police Dep't (D. Utah 2025). · cites it 4× “Once [she] repeated the information and asked him what it was about, he threatened to visit [her] house multiple times to arrest [her], which is against Utah Code Section 76-5-107. [Mr. Griffiths] intimidate[ed]/threat[ened] [her] in an attempt to get [her] to confess to…”
Moxtek v. United States Welding, Inc (D. Utah 2023). “§ 76-5-107. Similarly, if a party engages in unfounded litigation that rises to the level of abuse of process or wrongful use of civil proceedings, the party will have engaged in a common law tort.”
— Utah Code § 76-5-107(1)(a) — 1 case
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). “Chief Justice Durrant, opinion of the Court: Introduction ¶1 Randall Josephson was charged in Salt Lake City Justice Court with one count of threat of violence, a class B misdemeanor under Utah Code section 76-5-107. The alleged threat occurred on September 7, 2014.”
— Utah Code § 76-5-107(1)(b) — 2 cases
State v. Graham, 2011 UT App 332 (Utah Ct. App. 2011). “Utah Code Ann. § 76-5-107 (1)(b)(i), (2)(a), (c) (2008) (emphases added) (current version at id.”
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). “Chief Justice Durrant, opinion of the Court: Introduction ¶1 Randall Josephson was charged in Salt Lake City Justice Court with one count of threat of violence, a class B misdemeanor under Utah Code section 76-5-107. The alleged threat occurred on September 7, 2014.”
— Utah Code § 76-5-107(5) — 1 case
Salt Lake City v. Josephson, 2019 UT 6 (Utah 2019). “Chief Justice Durrant, opinion of the Court: Introduction ¶1 Randall Josephson was charged in Salt Lake City Justice Court with one count of threat of violence, a class B misdemeanor under Utah Code section 76-5-107. The alleged threat occurred on September 7, 2014.”
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