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Assault Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends the offenses of assault and aggravated assault concerning a chokehold.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ provides that a chokehold under certain circumstances does not constitute a violation of
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assault or aggravated assault; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-5-102, as last amended by Laws of Utah 2022, Chapter 181
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76-5-103, as last amended by Laws of Utah 2024, Chapter 319
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-5-102 is amended to read:
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76-5-102 . Assault -- Penalties.
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(1)(a) As used in this section, "chokehold" means a restraining hold in which one
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individual encircles the neck of another individual in a viselike grip using an arm.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits assault if the actor:
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(a) attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
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(b) commits an act, with unlawful force or violence, that:
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(i) causes bodily injury to an individual; or
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(ii) creates a substantial risk of bodily injury to an individual.
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(3)(a) A violation of Subsection (2) is a class B misdemeanor.
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(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
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misdemeanor if:
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(i) the actor causes substantial bodily injury to an individual; or
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(ii) the individual is pregnant and the actor has knowledge of the pregnancy.
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(4) The fact that the actor caused serious bodily injury to an individual is not a defense to a
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violation of this section.
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(5) This section does not apply to an actor's use of a chokehold on another individual if:
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(a) the chokehold is done as part of training for, or participating in, a practice or sport in
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which a chokehold is a known and acceptable practice, including martial arts,
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wrestling, or mixed martial arts; and
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(b) the other individual is also training for, or participating in, the same practice or sport
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in which a chokehold is a known and acceptable practice.
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Section 2. Section 76-5-103 is amended to read:
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76-5-103 . Aggravated assault -- Penalties.
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(1)(a) As used in this section[, "targeting] :
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(i) "Chokehold" means the same as that term is defined in Section 76-5-102.
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(ii) "Targeting a law enforcement officer" means the same as that term is defined in
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Section 76-5-202.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits aggravated assault if:
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(a)(i) the actor attempts, with unlawful force or violence, to do bodily injury to
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another;
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(ii) the actor makes a threat, accompanied by a show of immediate force or violence,
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to do bodily injury to another; or
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(iii) the actor commits an act, committed with unlawful force or violence, that causes
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bodily injury to another or creates a substantial risk of bodily injury to another; and
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(b) the actor's conduct described in Subsection (2)(a) includes:
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(i) the use of:
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(A) a dangerous weapon; or
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(B) a motor vehicle;
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(ii) any act that intentionally or knowingly impedes the breathing or the circulation of
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blood of another individual by the actor's use of unlawful force or violence by:
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(A) applying pressure to the neck or throat of an individual; or
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(B) obstructing the nose, mouth, or airway of an individual; or
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(iii) other means or force likely to produce death or serious bodily injury.
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(3)(a) A violation of Subsection (2) is a third degree felony.
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(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
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felony if:
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(i) the act results in serious bodily injury; or
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(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
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(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
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degree felony if the conduct constitutes targeting a law enforcement officer and
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results in serious bodily injury.
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(4) This section does not apply to an actor's use of a chokehold on another individual if:
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(a) the chokehold is done as part of training for, or participating in, a practice or sport in
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which a chokehold is a known and acceptable practice, including martial arts,
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wrestling, or mixed martial arts; and
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(b) the other individual is also training for, or participating in, the same practice or sport
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in which a chokehold is a known and acceptable practice.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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