Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-2 — Criminal Homicide
Utah Code

Utah Code § 76-5-209 (2026)

Homicide by assault -- Penalty

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
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 (Utah 2017).
Sort: Relevance Newest Treatment
State v. Johnson, 2017 UT 76 (Utah 2017). · cites it 2× “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, 330 P.3d 743 (Utah Ct. App. 2014). · cites it 2× “" 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 (Utah Ct. App. 2000). · cites it 2× “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 (Utah 2017). · cites it 2× “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 (Utah 2017). · cites it 2× “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 (Utah Ct. App. 2025). “§ 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 (Utah Ct. App. 2025). “§ 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.”
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.