(1) As used in this section:

1. (a) "Criminal mischief offense" means commission or attempt to commit an offense under Section 76-6-106 by one cohabitant against another.

2. (b) "Qualifying domestic violence offense" means:

   1. (i) a domestic violence offense in Utah; or
   2. (ii) an offense in any other state, or in any district, possession, or territory of the United States, that would be a domestic violence offense under Utah law.

(2) An individual who is convicted of a domestic violence offense is:

1. (a) guilty of a class B misdemeanor if:

   1. (i) the domestic violence offense described in this Subsection (2) is designated by law as a class C misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (2) is committed within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense;

2. (b) guilty of a class A misdemeanor if:

   1. (i) the domestic violence offense described in this Subsection (2) is designated by law as a class B misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (2) is committed within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or

3. (c) guilty of a felony of the third degree if:

   1. (i) the domestic violence offense described in this Subsection (2) is designated by law as a class A misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (2) is committed within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described in this Subsection (2) within 10 years after the individual is convicted of a qualifying domestic violence offense that is not a criminal mischief offense.

(3) An individual who is convicted of a domestic violence offense is:

1. (a) guilty of a class B misdemeanor if:

   1. (i) the domestic violence offense described in this Subsection (3) is designated by law as a class C misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described inthis Subsection (3) within five years after the individual is convicted of a criminal mischief offense;

2. (b) guilty of a class A misdemeanor if:

   1. (i) the domestic violence offense described in this Subsection (3) is designated by law as a class B misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described inthis Subsection (3) within five years after the individual is convicted of a criminal mischief offense; or

3. (c) guilty of a third degree felony if:

   1. (i) the domestic violence offense described in this Subsection (3) is designated by law as a class A misdemeanor; and

   2. (ii)

      1. (A) the domestic violence offense described in this Subsection (3) is committed within five years after the individual is convicted of a criminal mischief offense; or
      2. (B) the individual is convicted of the domestic violence offense described in this Subsection (3) within five years after the individual is convicted of a criminal mischief offense.