Degree

Stalking is a 3^rd degree felony. Stalking can be a 2^nd 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 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

3^rd 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)
2^nd 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)

DNA Specimen Analysis

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

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(2))

Firearms

A defendant convicted of stalking 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)