Degree

Depending on the facts, propelling a substance or object at a correctional or peace officer can be charged as a class A misdemeanor or a 3^rd degree felony.

Elements

A defendant commits a class A misdemeanor propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer.

A defendant commits a 3^rd degree felony propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer; and the object or substance is:

• blood, urine or fecal material;
• or the prisoner's or detained person's saliva, and the prisoner or detained person knows they are infected with HIV, hepatitis B, or hepatitis C;
• and the object or substance comes into contact with any portion of the officer's face, including the eyes or mouth, or comes into contact with any open wound on the officer’s body.

Fine

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)

Restitution

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

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor or 3^rd degree felony propelling a substance or object at a correctional or peace officer must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Imprisonment

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))

Firearms

A defendant convicted of a 3 degree felony propelling a substance or object at a correctional or peace officer may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))