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Domestic Violence: Stalking


Stalking: Domestic Violence Attorneys

Stalking (Domestic Violence) Attorneys

Legal Definition:

Stalking (domestic violence) is the commission or attempt to commit stalking by one cohabitant against another.

Stalking (Domestic Violence)

Utah Code §76-5-106.5 & Utah Code §77-36-1

Degree

Stalking (domestic violence) is a 3rd degree felony. Stalking (domestic violence) can be a 2nd degree felony if the defendant uses a dangerous weapon or force likely to produce death or serous bodily injury in the commission of stalking.

Elements

The accused is guilty of stalking (domestic violence) if they intentionally or knowingly engage in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person:

  • to fear for the person's own safety or the safety of third person; or
  • to suffer other emotional distress

A defendant is also guilty of stalking if they intentionally or knowingly violate:

  • a stalking injunction; or
  • a permanent criminal stalking injunction.
Fine

3rd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))
DNA Specimen Analysis

A defendant convicted of 2nd or 3rd degree felony stalking (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of stalking (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Stalking (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.