Utah Code
Utah Code § 76-5-209 (2026)
Homicide by assault -- Penalty
✓ laws through the 2026 General Session (checked Sept. 2026)
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Terms defined in Section 76-1-101.5 apply to this section.
An actor commits homicide by assault if, under circumstances not amounting to aggravated murder, murder, or manslaughter:
the actor causes the death of another individual; and
the actor causes the other individual's death while intentionally or knowingly attempting, with unlawful force or violence, to do bodily injury to the other individual.
Homicide by assault is a third degree felony.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2000–2025 · leading case: State v. Johnson, 2017 UT 76, 416 P.3d 443.
State v. Johnson, 2017 UT 76, 416 P.3d 443. “Under Utah Code section 76-5-209, a person commits homicide by assault when "a person causes the death of another," under circumstances "not amounting to aggravated murder, murder, or manslaughter," "while intentionally or knowingly attempting , with unlawful force or violence,…”
State v. Johnson, 2014 UT App 161, 330 P.3d 743. “" Utah Code Ann. § 76-5-209 (1) (LexisNexis 2012) (emphasis added) 8 The statute defines the mens rea element of homicide by assault as the intent to assault.”
State v. Tuckett, 2000 UT App 295, 13 P.3d 1060. “OPINION BENCH, Judge: T1 Appellant Darren James Tuckett appeals from a conviction of homicide by assault, a third degree felony, in violation of *1061 Utah Code Ann. § 76-5-209 (1999). We affirm.”
State v. Johnson, 2017 UT 70. “Under Utah Code section 76-5-209, a person commits homicide by assault when “a person causes the death of another,” under circumstances “not amounting to aggravated murder, murder, or manslaughter,” “while intentionally or knowingly attempting, with unlawful force or violence,…”
State v. Johnson, 2017 UT 70. “Under Utah Code section 76-5-209, a person commits homicide by assault when “a person causes the death of another,” under circumstances “not amounting to aggravated murder, murder, or manslaughter,” “while intentionally or knowingly attempting, with unlawful force or violence,…”
State v. Lolani, 2025 UT App 138, 581 P.3d 1024. “§ 76-5-209(2)(a)–(b). ¶22 Lolani’s telephone conversation with Wife the day before the incident is particularly probative of his intent to cause serious bodily injury to Dylan.”
Utah Code § 76-5-209(2)(a): 1 case
State v. Lolani, 2025 UT App 138, 581 P.3d 1024. “§ 76-5-209(2)(a)–(b). ¶22 Lolani’s telephone conversation with Wife the day before the incident is particularly probative of his intent to cause serious bodily injury to Dylan.”
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