Under Utah law, a person is classified as a “Category I” restricted person for purposes of firearm possession, gun rights, and possession of other dangerous weapons if certain conditions are met. Utah Code section establishes criteria for both Category I and Category II restricted persons, but does not define the term “violent felony.” Instead, the definitions section for Part 5 (Title 76 Chapter 10) incorporates the definition from section 76-3-203.5 by reference.
Definition of “Violent Felony”
Rather than using a descriptive definition, Section 76-3-203.5 provides a list of specific crimes that the legislature has declared to be “violent” felonies. The definition includes any “attempt, solicitation, or conspiracy to commit” any of the listed offenses, when punishable as a felony. The definition also includes any felony conviction from another state (or federal conviction) that would “constitute a violent felony… if committed in this State.”
The list of offenses that the legislature has defined as being violent felonies includes:
- criminal homicide (murder, manslaughter, etc.) Utah Code 76-5-201 et seq.
- aggravated assault – 76-5-103;
- aggravated assault by prisoner – 76-5-103.5;
- mayhem – 76-5-105;
- assault by prisoner – 76-5-102.5;
- disarming a police officer – 76-5-102.8;
- burglary – 76-6-202(3)(b);
- aggravated burglary – 76-6-203;
- robbery – 76-6-301;
- aggravated robbery – 76-6-302;
- theft by extortion as defined in 76-6-406(1)(a)(i) or (1)(a)(ii);
- arson – 76-6-102;
- aggravated arson – 76-6-103;
- possession, use, or removal of explosive, chemical, or incendiary devices as described in 76-10-306(3) through (6);
- unlawful delivery of explosive, chemical, or incendiary devices – 76-10-307;
- causing a catastrophe – 76-6-105(3)(a) or (3)(b);
- criminal mischief – 76-6-106;
- threat of terrorism – 76-5-107.3;
- bus hijacking – 76-10-1504;
- stalking – 76-5-106.5(2);
- purchase or possession of a dangerous weapon or handgun by a restricted person – 76-10-503;
- discharging firearms and hurling missiles – 76-10-1505;
- kidnapping – 76-5-301;
- child kidnapping – 76-5-301.1;
- aggravated kidnapping – 76-5-302;
- aggravated child abuse – 76-5-109.2(3)(a) or (b);
- commission of domestic violence in the presence of a child – 76-5-114;
- abuse or neglect of a child with a disability – 76-5-110;
- abuse or exploitation of a vulnerable adult – 76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4;
- endangerment of a child or vulnerable adult – 76-5-112.5;
- rape – 76-5-402;
- rape of a child – 76-5-402.1;
- object rape – 76-5-402.2;
- object rape of a child – 76-5-402.3;
- forcible sodomy – 76-5-403;
- sodomy on a child – 76-5-403.1;
- forcible sexual abuse – 76-5-404;
- sexual abuse of a child – 76-5-404.1;
- aggravated sexual abuse of a child – 76-5-404.3;
- aggravated sexual assault – 76-5-405;
- sexual exploitation of a minor – 76-5b-201;
- aggravated sexual exploitation of a minor – 76-5b-201.1;
- sexual exploitation of a vulnerable adult – 76-5b-202;
- aggravated exploitation of prostitution – 76-10-1306(1)(a);
- tampering with a witness – 76-8-508;
- retaliation against a witness, victim, or informant – 76-8-508.3;
- tampering or retaliating against a juror – 76-8-508.5(2)(a)(iii);
- extortion to dismiss a criminal proceeding – 76-6-406(1)(a)(i), (ii), or (ix);
Exceptions for Expunged, Pardoned, or Reduced Convictions
Under Utah Code 76-10-503, restriction exceptions are made for convictions that have been “expunged, set aside, reduced to a misdemeanor… pardoned or regarding which the person’s civil rights have been restored” — unless the pardon, expungement, etc. specifically provides that the person is still not allowed to “ship, transport, possess, or receive firearms.”
Other Restrictions – Consult with an Attorney
Please note that Utah’s law on firearms and weapons restrictions includes several other alternative grounds for restricted status beyond just a violent felony conviction. If you have concerns or questions about your restriction status, or if you are interested in pursuing expungement, pardon, or reduction of a prior Utah criminal conviction, consultation with an experienced criminal defense attorney is strongly advised.