Degree

Depending on the facts, hazing can be charged as a 2^nd degree felony, 3^rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2^nd degree felony hazing when they intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

• endangers the mental or physical health or safety of another;
• involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
• involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual;
• or involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation;
• and is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization;
• or if the defendant knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding 2 years;
• and the hazing results in serious bodily injury;
• and the hazing involves the use of a dangerous weapon.

A defendant commits a 3^rd degree felony hazing when they intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

• endangers the mental or physical health or safety of another;
• involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
• involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual;
or involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation;
• and is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization;
• or if the defendant knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding 2 years;
• and the hazing results in serious bodily injury.

A defendant commits a class A misdemeanor hazing when they intentionally, knowingly, or recklessly commit an act or causes another to commit an act that:

• endangers the mental or physical health or safety of another;
• involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
• involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual;
• or involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation;
• and is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization;
• or if the defendant knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding 2 years;
• and it involves the operation or other use of a motor vehicle;
• the consumption of an alcoholic product;
• or the consumption of a drug or substance
  *(Utah Code Ann. §76-5-113).

A defendant commits a class B misdemeanor hazing when they intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:

• endangers the mental or physical health or safety of another;
• involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
• involves consumption of any food, alcoholic product, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual;
• or involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation;
• and is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization;
• or if the defendant knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding 2 years.

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Fine

2^nd 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)
3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), 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

2^nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a class A misdeameanor, 2^nd or 3^rd degree felony hazing must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 2^nd or 3^rd degree hazing may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)