Utah 2025 Regular Session

Utah Senate Bill SB0299 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-19 12:25 S.B. 299
2	2	1
3	3	Assault Modifications
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Brady Brammer
7	7	House Sponsor:
8	8	2
9	9
10	10	3
11	11	LONG TITLE
12	12	4
13	13	General Description:
14	14	5
15	15	This bill amends the offenses of assault and aggravated assault concerning a chokehold.
16	16	6
17	17	Highlighted Provisions:
18	18	7
19	19	This bill:
20	20	8
21	21	▸ defines terms;
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23	23	▸ provides that a chokehold under certain circumstances does not constitute a violation of
24	24	10
25	25	assault or aggravated assault; and
26	26	11
27	27	▸ makes technical and conforming changes.
28	28	12
29	29	Money Appropriated in this Bill:
30	30	13
31	31	None
32	32	14
33	33	Other Special Clauses:
34	34	15
35	35	None
36	36	16
37	37	Utah Code Sections Affected:
38	38	17
39	39	AMENDS:
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41	41	76-5-102, as last amended by Laws of Utah 2022, Chapter 181
42	42	19
43	43	76-5-103, as last amended by Laws of Utah 2024, Chapter 319
44	44	20
45	45
46	46	21
47	47	Be it enacted by the Legislature of the state of Utah:
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49	49	Section 1. Section 76-5-102 is amended to read:
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51	51	76-5-102 . Assault -- Penalties.
52	52	24
53	53	(1)(a) As used in this section, "chokehold" means a restraining hold in which one
54	54	25
55	55	individual encircles the neck of another individual in a viselike grip using an arm.
56	56	26
57	57	(b) Terms defined in Section 76-1-101.5 apply to this section.
58	58	27
59	59	(2) An actor commits assault if the actor:
60	60	28
61	61	(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
62	62	29
63	63	(b) commits an act, with unlawful force or violence, that:
64	64	30
65	65	(i) causes bodily injury to an individual; or
66	66	S.B. 299 S.B. 299 02-19 12:25
67	67	31
68	68	(ii) creates a substantial risk of bodily injury to an individual.
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70	70	(3)(a) A violation of Subsection (2) is a class B misdemeanor.
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72	72	(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
73	73	34
74	74	misdemeanor if:
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76	76	(i) the actor causes substantial bodily injury to an individual; or
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78	78	(ii) the individual is pregnant and the actor has knowledge of the pregnancy.
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80	80	(4) The fact that the actor caused serious bodily injury to an individual is not a defense to a
81	81	38
82	82	violation of this section.
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84	84	(5) This section does not apply to an actor's use of a chokehold on another individual if:
85	85	40
86	86	(a) the chokehold is done as part of training for, or participating in, a practice or sport in
87	87	41
88	88	which a chokehold is a known and acceptable practice, including martial arts,
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90	90	wrestling, or mixed martial arts; and
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92	92	(b) the other individual is also training for, or participating in, the same practice or sport
93	93	44
94	94	in which a chokehold is a known and acceptable practice.
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96	96	Section 2. Section 76-5-103 is amended to read:
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98	98	76-5-103 . Aggravated assault -- Penalties.
99	99	47
100	100	(1)(a) As used in this section[, "targeting] :
101	101	48
102	102	(i) "Chokehold" means the same as that term is defined in Section 76-5-102.
103	103	49
104	104	(ii) "Targeting a law enforcement officer" means the same as that term is defined in
105	105	50
106	106	Section 76-5-202.
107	107	51
108	108	(b) Terms defined in Section 76-1-101.5 apply to this section.
109	109	52
110	110	(2) An actor commits aggravated assault if:
111	111	53
112	112	(a)(i) the actor attempts, with unlawful force or violence, to do bodily injury to
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114	114	another;
115	115	55
116	116	(ii) the actor makes a threat, accompanied by a show of immediate force or violence,
117	117	56
118	118	to do bodily injury to another; or
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120	120	(iii) the actor commits an act, committed with unlawful force or violence, that causes
121	121	58
122	122	bodily injury to another or creates a substantial risk of bodily injury to another; and
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124	124	(b) the actor's conduct described in Subsection (2)(a) includes:
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126	126	(i) the use of:
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128	128	(A) a dangerous weapon; or
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130	130	(B) a motor vehicle;
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132	132	(ii) any act that intentionally or knowingly impedes the breathing or the circulation of
133	133	64
134	134	blood of another individual by the actor's use of unlawful force or violence by:
135	135	- 2 - 02-19 12:25 S.B. 299
136	136	65
137	137	(A) applying pressure to the neck or throat of an individual; or
138	138	66
139	139	(B) obstructing the nose, mouth, or airway of an individual; or
140	140	67
141	141	(iii) other means or force likely to produce death or serious bodily injury.
142	142	68
143	143	(3)(a) A violation of Subsection (2) is a third degree felony.
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145	145	(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
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147	147	felony if:
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149	149	(i) the act results in serious bodily injury; or
150	150	72
151	151	(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
152	152	73
153	153	(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
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155	155	degree felony if the conduct constitutes targeting a law enforcement officer and
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157	157	results in serious bodily injury.
158	158	76
159	159	(4) This section does not apply to an actor's use of a chokehold on another individual if:
160	160	77
161	161	(a) the chokehold is done as part of training for, or participating in, a practice or sport in
162	162	78
163	163	which a chokehold is a known and acceptable practice, including martial arts,
164	164	79
165	165	wrestling, or mixed martial arts; and
166	166	80
167	167	(b) the other individual is also training for, or participating in, the same practice or sport
168	168	81
169	169	in which a chokehold is a known and acceptable practice.
170	170	82
171	171	Section 3. Effective Date.
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173	173	This bill takes effect on May 7, 2025.
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