Degree

Depending on the facts, causing a catastrophe (domestic violence) can be charged as a 1^st degree felony, 2^nd degree felony or 3^rd degree felony.

Elements

A defendant commits a 1^st degree felony causing a catastrophe (domestic violence) when they cause widespread injury or damage to persons or property by:

• use of a weapon of mass destruction;
• or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;
• and the defendant causes the catastrophe knowingly and by use of a weapon of mass destruction.

A defendant commits a 2nd degree felony causing a catastrophe (domestic violence) when they cause widespread injury or damage to persons or property by:

• use of a weapon of mass destruction;
• or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;
• and the defendant causes the catastrophe knowingly and by a means other than a weapon of mass destruction.

A defendant commits a class A misdemeanor causing a catastrophe (domestic violence) when they recklessly cause widespread injury or damage to persons or property by:

• use of a weapon of mass destruction;
• or explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction;

Fine

1^st 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 $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), 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 a defendant convicted of this crime to pay restitution. Additionally, a court shall order defendant to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(Utah Code Ann. §77-38a-301)

Imprisonment

1^st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
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))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor, 2^nd degree felony, or 1^st degree felony causing a catastrophe (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of causing a catastrophe (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))