(1)
(a) As used in this section:
- (i) "Chokehold" means the same as that term is defined in Section 76-5-102.
- (ii) "Targeting a law enforcement officer" means the same as that term is defined in Section 76-5-202.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated assault if:
(a)
- (i) the actor attempts, with unlawful force or violence, to do bodily injury to another;
- (ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
- (iii) the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
(b) the actor's conduct described in Subsection (2)(a) includes:
(i) the use of:
- (A) a dangerous weapon; or
- (B) a motor vehicle;
(ii) any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence by:
- (A) applying pressure to the neck or throat of an individual; or
- (B) obstructing the nose, mouth, or airway of an individual; or
- (iii) other means or force likely to produce death or serious bodily injury.
(3)
- (a) Except as provided in Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony.
(b) Except as provided in Subsection (3)(c), a violation of Subsection (2) is a second degree felony if:
- (i) the act results in serious bodily injury; or
- (ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
- (c) A violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.
(4) This section does not apply to an actor's use of a chokehold on another individual if:
- (a) the chokehold is done as part of training for, or participating in, a practice or sport in which a chokehold is a known and acceptable practice, including martial arts, wrestling, or mixed martial arts; and
- (b) the other individual is also training for, or participating in, the same practice or sport in which a chokehold is a known and acceptable practice.
Amended by Chapter 251, 2026 General Session