Utah Code » Title 76, Chapter 8 — Offenses Against the Administration of Government; part 76-8-3 — Obstructing Governmental Operations
Utah Code

Utah Code § 76-8-313 (2026)

Threatened or attempted assault on an elected official

✓ laws through the 2026 General Session (checked Sept. 2026)
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
As used in this section, "elected official" means:
an elected official of the state, county, or city;
an immediate family member of an individual described in Subsection (1)(a)(i);
a temporary judge appointed to fill a vacant judicial position;
a judge not yet retained by a retention election;
a member of a school board; or
an individual appointed to fill a vacant position of an individual described in Subsection (1)(a)(i).
Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
An actor commits threatened or attempted assault on an elected official:
if the actor attempts or threatens, irrespective of a showing of immediate force or violence, to inflict bodily injury on an elected official with the intent to impede, intimidate, or interfere with the elected official in the performance of the elected official's official duties or with the intent to retaliate against the elected official because of the performance of the elected official's official duties; and
if the actor's conduct described in Subsection (2)(a) involves a threat, the actor is reckless as to whether the actor's threat would be considered to be threatening by a reasonable person who received the threat.
Except as provided by Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
A violation of Subsection (2) is a third degree felony if:
the actor attempts to inflict bodily injury; or
the elected official receives bodily injury.

Amended by Chapter 96, 2024 General Session

Amended by Chapter 179, 2024 General Session

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: State v. Lucero, 2002 UT App 135, 47 P.3d 107.
Sort: Relevance Newest Treatment
State v. Lucero, 2002 UT App 135, 47 P.3d 107. · cites it 2× “§ 76-5-107 (1999); and threatening an elected official, a class B misdemeanor, in violation of Utah Code Ann. § 76-8-313 (1999). Defendant argues that there was insufficient evidence for the jury to find beyond a reasonable doubt that he made a terroristic threat or that he…”
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.