Full text of Utah Utah Code § 76-5-107.5 — Prohibition of "hazing" -- Definitions -- Penalties., with citation guidance and answers to common questions.
§ 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
Effective 5/4/2022 76-5-107.5.
Prohibition of "hazing" -- Definitions -- Penalties.
(1)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
An actor commits hazing if the actor intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:
(a)
(i)
endangers the mental or physical health or safety of an individual;
(ii)
involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(iii)
involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or
(iv)
involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; and
(b)
(i)
is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or
(ii)
if the actor knew that the individual is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years.
(3)
(a)
A violation of Subsection (2) is a class B misdemeanor.
(b)
Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a 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)
Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a third degree felony if the act involves the use of a dangerous weapon.
(d)
Notwithstanding Subsection (3)(a), (b), or (c), a violation of Subsection (2) is a third degree felony if the hazing results in serious bodily injury to an individual.
(e)
Notwithstanding Subsection (3)(a), (b), (c), or (d), a violation of Subsection (2) is a second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon .
(4)
(a)
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.
(b)
It is not a defense to prosecution of hazing that an individual under 21 years old, against whom the hazing was directed, consented to or acquiesced in the hazing activity.
(5)
(a)
This section does not apply to military training or other official military activities.
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 individual hazed; or
(ii)
any offense, caused in the course of the hazing, that the actor commits against the individual hazed.
(b)
Under Subsection (6)(a)(i) an actor may be separately punished, both for the hazing offense and the conduct committed by the individual hazed.
(c)
Under Subsection (6)(a)(ii) an actor may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.
Frequently Asked Questions About Utah § 76-5-107.5
What does Utah Code § 76-5-107.5 cover?
Section 76-5-107.5 ("Prohibition of "hazing" -- Definitions -- Penalties.") 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 § 76-5-107.5?
A common citation format is "Utah Code § 76-5-107.5" (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 § 76-5-107.5 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.
