Degree

Depending on the facts, criminal mischief (domestic violence) can be charged as a 2^nd degree felony, 3^rd degree felony, class A misdemeanor or class B misdemeanor.

Elements

A defendant commits a 2^nd degree felony criminal mischief (domestic violence) when they intentionally and unlawfully tamper with the property of another and as a result recklessly cause or threatens a substantial interruption or impairment of any critical infrastructure.

A defendant commits a 2^nd degree felony criminal mischief (domestic violence) when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess or $5,000 in value.

A defendant commits a 2^nd degree felony criminal mischief (domestic violence) when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value.

A defendant commits 3^rd degree felony criminal mischief (domestic violence) when under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer.

A defendant commits a 3^rd degree felony criminal mischief (domestic violence) when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.

A defendant commits a 3^rd degree felony criminal mischief (domestic violence) when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but less than $5,000 in value.

A defendant commits a class A misdemeanor criminal mischief (domestic violence) when they intentionally and unlawfully tampers with the property of another and as a result recklessly endangers human life.

A defendant commits a class A misdemeanor criminal mischief (domestic violence) when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss equal to or in excess of $500 but less than $1,500 in value.

A defendant commits a class A misdemeanor criminal mischief (domestic violence) when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but less than $1,500 in value.

A defendant commits a class B misdemeanor criminal mischief (domestic violence) when they intentionally and unlawfully tamper with the property of another and as a result recklessly endangers human health or safety.

A defendant commits a class B misdemeanor criminal mischief (domestic violence) when they intentionally damage, deface, or destroy the property of another and the defendant's conduct causes or is intended to cause a pecuniary loss less than $500.

A defendant commits a class A misdemeanor criminal mischief (domestic violence) when they recklessly or willfully shoot or propel a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing and the defendant's conduct causes or is intended to cause pecuniary loss less than $500.

Fine

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)
3^rd 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)
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)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order a defendant convicted of this crime to pay restitution. In determining the value of damages or value of the item includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items. (Utah Code Ann. §77-38a-301, §76-6-106(4))

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(3))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

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 3^rd degree felony criminal mischief (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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