Utah Code » Title 77, Chapter 36 — Cohabitant Abuse Procedures Act
Utah Code

Utah Code § 77-36-1.1 (2026)

Enhancement of offense and penalty for subsequent domestic violence offenses

✓ current as of May 2026
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As used in this section:
"Convicted" means a conviction by plea or verdict of a crime or offense.
"Convicted" includes:
a plea of guilty or guilty with a mental condition;
a plea of no contest; and
the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
"Convicted" does not include an adjudication in juvenile court.
"Offense against the person" means commission or attempt to commit an offense under Title 76, Chapter 5, Part 1, Assault and Related Offenses, Part 2, Criminal Homicide, Part 3, Kidnapping, Trafficking, and Smuggling, Part 4, Sexual Offenses, or Part 7, Genital Mutilation, by one cohabitant against another.
"Property damage offense" means the commission or attempt to commit an offense under Section 76-6-106 or 76-6-106.1 by one cohabitant against another.
"Qualifying domestic violence offense" means:
a domestic violence offense in Utah; or
an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.
An individual who is convicted of a domestic violence offense is guilty of a class B misdemeanor if:
the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and
the individual commits or is convicted of the domestic violence offense described in this Subsection (2):
within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
within five years after the day on which the individual is convicted of a property damage offense.
An individual who is convicted of a domestic violence offense is guilty of a class A misdemeanor if:
the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and
the individual commits or is convicted of the domestic violence offense described in this Subsection (3):
within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
within five years after the day on which the individual is convicted of a property damage offense.
An individual who is convicted of a domestic violence offense is guilty of a third degree felony if:
the domestic violence offense described in this Subsection (4) is designated by law as a class B misdemeanor offense against the person and the individual:
commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; and
is convicted of another qualifying domestic violence offense that is not a property damage offense after the day on which the individual is convicted of the qualifying domestic violence offense described in Subsection (4)(a)(i)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4);
commits or is convicted of the domestic violence offense described in this Subsection (4) within five years after the day on which the individual is convicted of a property damage offense; and
is convicted of another property damage offense after the day on which the individual is convicted of the property damage offense described in Subsection (4)(a)(ii)(A) and before the day on which the individual is convicted of the domestic violence offense described in this Subsection (4); or
commits or is convicted of the domestic violence offense described in this Subsection (4) within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense and within five years after the day on which the individual is convicted of a property damage offense; and
the domestic violence offense described in this Subsection (4) is designated by law as a class A misdemeanor; and
the individual commits or is convicted of the domestic violence offense described in this Subsection (4):
within 10 years after the day on which the individual is convicted of a qualifying domestic violence offense that is not a property damage offense; or
within five years after the day on which the individual is convicted of a property damage offense.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2000–2022 · leading case: State v. Redden, 2022 UT App 14 (Utah Ct. App. 2022).
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State v. Redden, 2022 UT App 14 (Utah Ct. App. 2022). · cites it 17× “within 10 years after the individual is convicted of a qualifying domestic violence offense,” Utah Code Ann. § 77-36-1.1 (2)(c)(ii)(B) (LexisNexis Supp.”
State v. Legg, 2018 UT 12 (Utah 2018). “§ 77-36-1.1 (increasing the level of offense for domestic violence if the defendant was convicted of a previous instance of domestic violence).”
United States v. Gorman, 312 F.3d 1159 (10th Cir. 2002). “Utah Code Ann. § 77-36-1.1 (the penalty for domestic violence can be enhanced if the perpetrator has a prior domestic abuse conviction; “[f]or purposes of this section, a plea in abeyance is considered a conviction”); id.”
State v. Von Ferguson, 2007 UT 1 (Utah 2007). “The burden then shifts to the State to establish the validity of the waiver. We therefore affirm the court of appeals and remand this case for further proceedings in accordance with this opinion.”
State v. Tarnawiecki, 5 P.3d 1222 (Utah Ct. App. 2000). · cites it 2× “Additionally, the prosecutor notified defendant that she was subject to a felony enhancement under Utah Code Ann. § 77-36-1.1 (1997) because she had violated the protective order within the past five years.”
State v. Mooers, 2015 UT App 266 (Utah Ct. App. 2015). · cites it 2× “, Utah Code Ann. § 77-36-1.1 (3) (LexisNexis 2012) (providing that "'a plea.”
State v. Baize, 2019 UT App 202 (Utah Ct. App. 2019). “§ 77-36-1.1(2)(c) (Supp. 2019) (describing enhanced penalties for violating a protective order).”
State v. Hart, 2012 UT App 78 (Utah Ct. App. 2012). “Utah Code sections 77-36-1.1 and 77-36-2.4 are part of the Cohabitant Abuse Procedures Act.”
— Utah Code § 77-36-1.1(2)(c) — 2 cases
State v. Redden, 2022 UT App 14 (Utah Ct. App. 2022). “within 10 years after the individual is convicted of a qualifying domestic violence offense,” Utah Code Ann. § 77-36-1.1 (2)(c)(ii)(B) (LexisNexis Supp.”
State v. Baize, 2019 UT App 202 (Utah Ct. App. 2019). “§ 77-36-1.1(2)(c) (Supp. 2019) (describing enhanced penalties for violating a protective order).”
— Utah Code § 77-36-1.1(2)(c)(ii)(A) — 1 case
State v. Redden, 2022 UT App 14 (Utah Ct. App. 2022). “within 10 years after the individual is convicted of a qualifying domestic violence offense,” Utah Code Ann. § 77-36-1.1 (2)(c)(ii)(B) (LexisNexis Supp.”
— Utah Code § 77-36-1.1(2)(c)(ii)(B) — 1 case
State v. Redden, 2022 UT App 14 (Utah Ct. App. 2022). “within 10 years after the individual is convicted of a qualifying domestic violence offense,” Utah Code Ann. § 77-36-1.1 (2)(c)(ii)(B) (LexisNexis Supp.”
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