76-10-508.1 - Felony discharge of a firearm -- Penalties. - Utah Statutes

76-10-508.1. Felony discharge of a firearm -- Penalties.
(1) Except as provided under Subsection (2) or (3), a person who discharges a firearm isguilty of a third degree felony punishable by imprisonment for a term of not less than three yearsnor more than five years if:
(a) the actor discharges a firearm in the direction of any person or persons, knowing orhaving reason to believe that any person may be endangered by the discharge of the firearm;
(b) the actor, with intent to intimidate or harass another or with intent to damage ahabitable structure as defined in Section 76-6-101, discharges a firearm in the direction of anyperson or habitable structure; or
(c) the actor, with intent to intimidate or harass another, discharges a firearm in thedirection of any vehicle.
(2) A violation of Subsection (1) which causes bodily injury to any person is a seconddegree felony punishable by imprisonment for a term of not less than three years nor more than15 years.
(3) A violation of Subsection (1) which causes serious bodily injury to any person is afirst degree felony.
(4) In addition to any other penalties for a violation of this section, the court shall:
(a) notify the Driver License Division of the conviction for purposes of any revocation,denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);and
(b) specify in court at the time of sentencing the length of the revocation underSubsection 53-3-225(1)(c).
(5) This section does not apply to a person:
(a) who discharges any kind of firearm when that person is in lawful defense of self orothers;
(b) who is performing official duties as provided in Section 23-20-1.5 or 76-10-523 or asotherwise authorized by law; or
(c) who discharges a dangerous weapon or firearm from an automobile or other vehicle,if:
(i) the discharge occurs at a firing range or training ground;
(ii) at no time after the discharge does the projectile that is discharged cross over or stopat a location other than within the boundaries of the firing range or training ground described inSubsection (5)(c)(i);
(iii) the discharge is made as practice or training for a lawful purpose;
(iv) the discharge and the location, time, and manner of the discharge are approved bythe owner or operator of the firing range or training ground prior to the discharge; and
(v) the discharge is not made in violation of Subsection (1).

Amended by Chapter 157, 2009 General Session