Utah § 76-3-203.8 - Increase of sentence if dangerous weapon used.

Full text of Utah Utah Code § 76-3-203.8 — Increase of sentence if dangerous weapon used., with citation guidance and answers to common questions.

§ 76-3-203.8. Increase of sentence if dangerous weapon used.

Effective 5/4/2022
76-3-203.8.  Increase of sentence if dangerous weapon used.
(1) As used in this section, "dangerous weapon" means the same as that term is defined in Section 76-1-101.5.
(2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:
(a)
(i) shall increase by one year the minimum term of the sentence applicable by law; and
(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and
(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree.
(3) A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:
(a) a dangerous weapon was used in the commission or furtherance of the felony; and
(b) the defendant knew that the dangerous weapon was present.
(4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently.


Amended by Chapter 181, 2022 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-3-203.8

What does Utah Code § 76-3-203.8 cover?

Section 76-3-203.8 ("Increase of sentence if dangerous weapon used.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-3-203.8?

A common citation format is "Utah Code § 76-3-203.8" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-3-203.8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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