LEGISLATIVE GENERAL COUNSEL H.B. 147
6 Approved for Filing: S. Larson 6 st
1 Sub. (Buff)
6 02-12-24 4:20 PM 6
Senator Daniel McCay proposes the following substitute bill:
1 THREAT OF VIOLENCE AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephanie Gricius
5 Senate Sponsor: Daniel McCay
6
7 LONG TITLE
8 General Description:
9 This bill amends the threat of violence offense.
10 Highlighted Provisions:
11 This bill:
12 < adds threatening to commit certain sexual offenses to the conduct that qualifies as
13 the threat of violence offense;
14 < repeals a provision regarding reimbursement and restitution; and
15 < makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected: 1 stSub. H.B. 147
21 AMENDS:
22 76-5-107, as last amended by Laws of Utah 2022, Chapter 181
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-5-107 is amended to read:
*HB0147S01*
 1st Sub. (Buff) H.B. 147 02-12-24 4:20 PM
26 76-5-107. Threat of violence -- Penalty.
27 (1) Terms defined in Section 76-1-101.5 apply to this section.
28 (2) [(a)] An actor commits a threat of violence if the actor:
29 [(i)] (a) [(A)] (i) threatens to commit an offense:
30 (A) under Chapter 5, Part 4, Sexual Offenses; or
31 (B) involving bodily injury, death, or substantial property damage; and
32 [(B)] (ii) acts with intent to place an individual in fear of [imminent]:
33 (A) an imminent offense under Chapter 5, Part 4, Sexual Offenses, being committed
34 against the individual; or
35 (B) imminent serious bodily injury, substantial bodily injury, or death; or
36 [(ii)] (b) makes a threat, accompanied by a show of immediate force or violence, to do
37 bodily injury to an individual.
38 [(b) A threat under this section may be express or implied.]
39 (3) (a) A violation of Subsection (2) is a class B misdemeanor.
40 (b) An actor who commits an offense under this section is subject to punishment for
41 that offense, in addition to any other offense committed, including the carrying out of the
42 threatened act.
43 [(c) In addition to any other penalty authorized by law, a court shall order an actor
44 convicted of a violation of this section to reimburse any federal, state, or local unit of
45 government, or any private business, organization, individual, or entity for all expenses and
46 losses incurred in responding to the violation, unless the court states on the record the reasons
47 why the reimbursement would be inappropriate.]
48 (4) It is not a defense under this section that the actor did not attempt to or was
49 incapable of carrying out the threat.
50 (5) A threat under Subsection (2) may be express or implied.
51 Section 2. Effective date.
52 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 76-5-107
Amended: 76-5-107
Enrolled: 76-5-107
H.B. 147 1st Substitute (Not Adopted) Text: 76-5-107