UTAH CODE (Last Updated: January 16, 2015) |
Title 76. Utah Criminal Code |
Chapter 5. Offenses Against the Person |
Part 1. Assault and Related Offenses |
§ 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
Latest version.
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(2) It is not a defense to prosecution of hazing that a person under 21, against whom the hazing was directed, consented to or acquiesced in the hazing activity. (3) An actor who hazes another is guilty of a: (a) class B misdemeanor except as provided in Subsection (3)(b), (c), (d), or (e); (b) class A misdemeanor if the act involves: (i) the operation or other use of a motor vehicle; (ii) the consumption of an alcoholic product as defined in Section 32B-1-102; or (iii) the consumption of a drug or a substance as defined in Section 76-5-113; (c) third degree felony if the act involves the use of a dangerous weapon as defined in Section 76-1-601; (d) third degree felony if the hazing results in serious bodily injury to a person; or (e) second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon as defined in Section 76-1-601. (4) A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting. (5) (a) This section does not apply to military training or other official military activities. (b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice. (6) (a) A prosecution under this section does not bar a prosecution of the actor for: (i) any other offense for which the actor may be liable as a party for conduct committed by the person hazed; or (ii) any offense, caused in the course of the hazing, that the actor commits against the person who is hazed. (b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing offense and the conduct committed by the person hazed. (c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.
Amended by Chapter 340, 2011 General Session