76-3-203.4 - Hate crimes -- Aggravating factors. - Utah Statutes

76-3-203.4. Hate crimes -- Aggravating factors.
(1) The sentencing judge or the Board of Pardons and Parole shall consider in theirdeliberations as an aggravating factor the public harm resulting from the commission of theoffense, including the degree to which the offense is likely to incite community unrest or causemembers of the community to reasonably fear for their physical safety or to freely exercise orenjoy any right secured by the Constitution or laws of the state or by the Constitution or laws ofthe United States.
(2) The sentencing judge or the Board of Pardons and Parole shall also consider whetherthe penalty for the offense is already increased by other existing provisions of law.
(3) This section does not affect or limit any individual's constitutional right to the lawfulexpression of free speech or other recognized rights secured by the Constitution or laws of thestate or by the Constitution or laws of the United States.

Enacted by Chapter 184, 2006 General Session