Utah Stalking Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

Who doesn’t like a little extra attention or a surprise call or visit from a loved one? But receiving this kind contact from a stranger or after a relationship has ended can feel threatening or possibly even dangerous. If this has happened or is happening to you, the Beaver State has extensive criminal statutes intended to punish and prevent stalking. This is an introduction to stalking laws in Utah.

Stalking Laws in Utah

Each state may craft its stalking laws a little differently, in terms of how they can be obtained, what behavior they may prohibit, and how they will be enforced. The table below lists Utah’s anti-stalking statutes.

Code Section	Utah Code 76-5-106.5: Stalking
Stalking Defined as	Intentionally or knowingly causes a reasonable person fear
Punishment/Classification	Class A misdemeanor. 3rd degree felony if: (1) previous conviction of stalking, (2) conviction in another jurisdiction to an offense similar to stalking, or (3) convicted of felony offense in which victim or victim's family was victim. Felony of the 2nd degree if: (1) used deadly weapon or other means of force, (2) previously convicted 2 or more times of stalking, (3) convicted 2 or more times in another jurisdiction of offenses similar to stalking, (4) convicted 2 or more times in any combination of (2) and (3), (5) convicted 2 or more times of felonies in which victim was also a victim of felonies
Penalty for Repeat Offense	If 2 or more convictions: felony of the 3rd degree
Arrest or Restraining Order Specifically Authorized by Statute?	Conviction for stalking acts as application for permanent restraining order
Constitutionally Protected Activities Exempted?	-

Most people understand stalking as the unwanted pursuit of, and contact toward, another person. Under Utah’s statute, stalking is defined it as a course of conduct that would cause a reasonable person to fear for their safety or suffer other emotional distress. This can include following or surveilling a person, communicating with or threatening a person, or physically approaching a person, appearing at their home or place of work, or vandalizing a person's property. Many stalking victims were previously in romantically relationships with their stalkers and may have been victims of domestic violence. Utah courts can issue protective orders to help protect victims of stalking or domestic abuse.