(1) As used in this section, "dangerous weapon" means the same as that term is defined in Section 76-1-101.5 . (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court: (a) (i) shall increase by one year the minimum term of the sentence applicable by law; and (ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and (b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree. (3) A defendant who is a party to a felony offense shall be sentenced to the increases in punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that: (a) a dangerous weapon was used in the commission or furtherance of the felony; and (b) the defendant knew that the dangerous weapon was present. (4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced to a term of imprisonment for a felony in which a dangerous weapon was used in the commission of or furtherance of the felony and that person is subsequently convicted of another felony in which a dangerous weapon was used in the commission of or furtherance of the felony, the court shall, in addition to any other sentence imposed including those in Subsection (2) , impose an indeterminate prison term to be not less than five nor more than 10 years to run consecutively and not concurrently.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.