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 graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is in excess of $5,000.

A defendant commits a 3^rd degree felony graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is in excess of $1,000.

A defendant commits a class A misdemeanor graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is equal to or in excess of $300.

A defendant commits a class B misdemeanor graffiti when they utilize any form of unauthorized printing, writing, spraying, scratching, affixing, or inscribing on the property of another regardless of the content or nature of the material used in the commission of the act and the damage caused is less than $300.

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 shall order a defendant convicted of this crime to pay restitution to the victim in the amount of removal, repair, or replacement costs. An additional amount of $1,000 shall be added to the removal costs if the graffiti is positioned on an overpass or underpass and traffic is required to be interfered with in order to remove it, or the entity responsible for the area in which the clean-up is to take place must provide assistance in order for the removal to take place safely. Note, a defendant who voluntarily and at his own expense, removes graffiti for which they are responsible may be credited for the removal costs against restitution ordered by the court. (Utah Code Ann. §76-6-107(5), §76-6-107(6), §76-6-107(7))

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 graffiti (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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