The charge brings national attention to how Utah distinguishes between murder and aggravated murder—and why aggravated murder carries the state’s harshest penalties.
Murder Under Utah Law
Under Utah Code § 76-5-203, a person commits murder if they:
- Intentionally or knowingly cause another person’s death,
- Cause death by committing an act clearly dangerous to human life while intending serious injury,
- Act with depraved indifference and create a grave risk of death, or
- Cause a death while committing or fleeing from certain felonies, such as robbery, kidnapping, or rape.
Murder in Utah is a first-degree felony. A conviction carries a sentence of 15 years to life in prison. In limited circumstances, mitigating factors can reduce a murder charge to manslaughter.
What Makes It Aggravated Murder
Aggravated murder is defined in Utah Code § 76-5-202. It is essentially murder with one or more aggravating factors. Utah law lists more than 20 possible aggravators, including:
- Causing multiple deaths or attempting to kill additional victims.
- Creating a great risk of death to others besides the intended victim.
- Killing during the course of another violent felony.
- Targeting public officials, peace officers, or witnesses.
- Murders involving torture, mutilation, or victims under age 14.
- Using bombs, poison, or other destructive means.
Only one aggravator is required for a charge of aggravated murder.
Penalties for Aggravated Murder
Aggravated murder is a first-degree felony punishable by life without parole or 25 years to life. If prosecutors file notice, it becomes a capital felony, meaning the death penalty is possible under Utah Code § 76-3-207.7.
The Charges Against Robinson
In Robinson’s case, prosecutors allege aggravated murder under § 76-5-202(2)(a)(iii), arguing he knowingly created a great risk of death to others. Enhancements for victim targeting and committing violence in the presence of children also apply.
Additional charges include felony discharge of a firearm, obstruction of justice, and witness tampering. Each charge—and each enhancement—adds complexity, as prosecutors must prove them beyond a reasonable doubt.
What Happens Next: Preliminary Hearing
Before the case can proceed to trial, Utah law requires a preliminary hearing. Prosecutors must present enough evidence to establish probable cause that a crime was committed and that Robinson committed it.
If the judge agrees, the case will be bound over for trial. A bindover is not a determination of guilt; it simply means the charges are strong enough to move forward.
Why the Robinson Case Is Complex
Proving aggravated murder requires showing not only that a killing occurred but also that aggravating factors applied. In this case, prosecutors must establish that Robinson’s actions created a broader risk of death and that his alleged conduct qualifies under the victim targeting.
These issues will be central at the preliminary hearing and, if the case proceeds, at trial.
Conclusion
Utah law treats murder and aggravated murder differently, with aggravated murder carrying the most severe penalties in the criminal code. The Robinson case will test how prosecutors apply these statutes and whether the aggravating factors can be proven beyond a reasonable doubt.