Assault Modifications, the official text

Assault Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Kristen Chevrier

LONG TITLE
General Description:
This bill amends the offenses of assault and aggravated assault to address the use of a chokehold.
Highlighted Provisions:
This bill: defines terms;
provides that a chokehold under certain circumstances does not constitute the offense of assault or aggravated assault; and
makes technical and conforming changes.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
76-5-102, as last amended by Laws of Utah 2022, Chapter 181
76-5-103, as last amended by Laws of Utah 2024, Chapter 319

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-102 is amended to read:
76-5-102. Assault.
(1) (a) As used in this section, "chokehold" means a restraining hold in which one individual encircles the neck of another individual in a viselike grip using an arm.
(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits assault if the actor: (a) attempts, with unlawful force or violence, to inflict bodily injury on an individual; or
(b) commits an act, with unlawful force or violence, that: (i) causes bodily injury to an individual; or
(ii) creates a substantial risk of bodily injury to an individual.

(3) (a) [A] Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
(b) [Notwithstanding Subsection (3)(a), a] A violation of Subsection (2) is a class A misdemeanor if: (i) the actor causes substantial bodily injury to an individual; or
(ii) the individual is pregnant and the actor has knowledge of the pregnancy.

(4) The fact that the actor caused serious bodily injury to an individual is not a defense to a violation of this section.
(5) This section does not apply to an actor's use of a chokehold on another individual if: (a) the chokehold is done as part of training for, or participating in, a practice or sport in which a chokehold is a known and acceptable practice, including martial arts, wrestling, or mixed martial arts; and
(b) the other individual is also training for, or participating in, the same practice or sport in which a chokehold is a known and acceptable practice.

Section 2. Section 76-5-103 is amended to read:
76-5-103. Aggravated assault.
(1) (a) As used in this section[, "targeting]: (i) "Chokehold" means the same as that term is defined in Section 76-5-102.
(ii) "Targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits aggravated assault if: (a) (i) the actor attempts, with unlawful force or violence, to do bodily injury to another;
(ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) the actor's conduct described in Subsection (2)(a) includes: (i) the use of: (A) a dangerous weapon; or
(B) a motor vehicle;

(ii) any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence []by: (A) applying pressure to the neck or throat of an individual; or
(B) obstructing the nose, mouth, or airway of an individual; or

(iii) other means or force likely to produce death or serious bodily injury.

(3) (a) [A] Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony.
(b) [Notwithstanding Subsection (3)(a),] Except as provided in Subsection (3)(c), a violation of Subsection (2) is a second degree felony if: (i) the act results in serious bodily injury; or
(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.

(c) [Notwithstanding Subsection (3)(a) or (b), a] A violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.

(4) This section does not apply to an actor's use of a chokehold on another individual if: (a) the chokehold is done as part of training for, or participating in, a practice or sport in which a chokehold is a known and acceptable practice, including martial arts, wrestling, or mixed martial arts; and
(b) the other individual is also training for, or participating in, the same practice or sport in which a chokehold is a known and acceptable practice.

Section 3. Effective Date.
This bill takes effect on May 6, 2026.

2-27-26 9:00 AM