Charges and sentences
Felony and misdemeanor classes in Utah
Utah sorts felonies into capital felonies and first, second and third degree felonies. Misdemeanors are Class A, B or C, and the lowest offenses are infractions, which carry no jail time.1
Checked October 29, 2026 against Utah's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- Utah does not draw the felony line by sentence length. Each offense is designated by law as a felony, a misdemeanor or an infraction. Felonies fall into four categories: capital, first degree, second degree and third degree. A felony with no category listed is a third degree felony.1
- Felony theft starts at
- $1,500How theft is graded
- When a DUI is a felony
- A DUI is a third degree felony when the person has two or more earlier DUI convictions within 10 years, which makes the third conviction in that window a felony.2
Felony degrees in Utah
From most to least serious: Capital, First degree, Second degree, Third degree. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Capital felony | Death, 25 years to life, or life without paroleThese are the sentences for people who were 18 or older at the time of the offense. The statute lists no separate fine limit for capital felonies. | None set | Utah Code § 76-3-206(2)6 |
| First degree felony | 5 years to lifeThe prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301. | Up to $10,000 | Utah Code § 76-3-203(1)3 |
| Second degree felony | 1 to 15 yearsThe prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301. | Up to $10,000 | Utah Code § 76-3-203(2)3 |
| Third degree felony | Up to 5 yearsThe prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301. | Up to $5,000 | Utah Code § 76-3-203(3)3 |
Misdemeanor classes in Utah
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class A misdemeanor | Up to 364 daysClass A misdemeanors in Utah Code Title 76, Chapter 5 (offenses against the person) can carry up to 1 year, with four listed exceptions. The fine limit comes from Utah Code § 76-3-301. | Up to $2,500 | Utah Code § 76-3-204(1)7 |
| Class B misdemeanor | Up to 6 monthsThe fine limit comes from Utah Code § 76-3-301. | Up to $1,000 | Utah Code § 76-3-204(2)7 |
| Class C misdemeanor | Up to 90 daysThe fine limit comes from Utah Code § 76-3-301. | Up to $750 | Utah Code § 76-3-204(3)7 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Infraction | No jail. A fine of up to $750, forfeiture, disqualification, or a combinationThe $750 fine limit comes from Utah Code § 76-3-301. | Utah Code § 76-3-2058 |
Good to know
Many Utah offenses set their own penalty. The prison terms above apply only when the offense says nothing different, because each term begins with the words unless the statute provides otherwise.3
An offense the code calls a misdemeanor but gives no category or punishment is an infraction. Fine limits for each class are listed in a separate section, which also allows greater amounts when another statute authorizes them.4
When theft is a felony in Utah
In Utah, theft of property worth $1,500 or more is a felony. It is a third degree felony from $1,500 to under $5,000 and a second degree felony at $5,000 or more. Stealing a firearm, an operable motor vehicle or property from a person is a second degree felony at any value. Below $1,500 theft is a misdemeanor, although prior theft convictions can raise it.5
Utah Code § 76-6-404(3) · Felony theft amounts in every state
DUI in Utah
Utah calls it driving under the influence (DUI). The blood or breath alcohol limit is .05.
- Repeat offenses
- A DUI is a third degree felony when the person has two or more earlier DUI convictions within 10 years, which makes the third conviction in that window a felony.
- Which past offenses count
- 10 years. Each earlier conviction must fall within 10 years of the new conviction or of the date of the new offense.
- Other felony versions
- A DUI is also a third degree felony, no matter how much time has passed, if the person has an earlier felony conviction for a DUI-related offense, such as a felony DUI or automobile homicide. An unrelated felony does not count. Causing a death through negligent driving while impaired is automobile homicide, a second degree felony. Negligently injuring someone while impaired is a Class A misdemeanor, or a third degree felony if the injury is serious. A passenger under 16 raises a DUI to a Class A misdemeanor, not a felony.
Utah Code §§ 41-6a-501(2), 41-6a-502(2), 76-5-102.1, 76-5-2072 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Utah?
Utah does not draw the felony line by sentence length. Each offense is designated by law as a felony, a misdemeanor or an infraction. Felonies fall into four categories: capital, first degree, second degree and third degree. A felony with no category listed is a third degree felony.
What is a capital felony in Utah?
In Utah, the prison range for a capital felony is death, 25 years to life, or life without parole. These are the sentences for people who were 18 or older at the time of the offense. The statute lists no separate fine limit for capital felonies.
What is a first degree felony in Utah?
In Utah, the prison range for a first degree felony is 5 years to life, and the fine is up to $10,000. The prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301.
What is a second degree felony in Utah?
In Utah, the prison range for a second degree felony is 1 to 15 years, and the fine is up to $10,000. The prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301.
What is a third degree felony in Utah?
In Utah, the prison range for a third degree felony is up to 5 years, and the fine is up to $5,000. The prison term applies unless the specific offense sets a different one. The fine limit comes from Utah Code § 76-3-301.
What is a Class A misdemeanor in Utah?
In Utah, the jail range for a Class A misdemeanor is up to 364 days, and the fine is up to $2,500. Class A misdemeanors in Utah Code Title 76, Chapter 5 (offenses against the person) can carry up to 1 year, with four listed exceptions. The fine limit comes from Utah Code § 76-3-301.
What is a Class B misdemeanor in Utah?
In Utah, the jail range for a Class B misdemeanor is up to 6 months, and the fine is up to $1,000. The fine limit comes from Utah Code § 76-3-301.
What is a Class C misdemeanor in Utah?
In Utah, the jail range for a Class C misdemeanor is up to 90 days, and the fine is up to $750. The fine limit comes from Utah Code § 76-3-301.
How much theft is a felony in Utah?
In Utah, theft of property worth $1,500 or more is a felony. It is a third degree felony from $1,500 to under $5,000 and a second degree felony at $5,000 or more. Stealing a firearm, an operable motor vehicle or property from a person is a second degree felony at any value. Below $1,500 theft is a misdemeanor, although prior theft convictions can raise it.
Is a DUI a felony in Utah?
A DUI is a third degree felony when the person has two or more earlier DUI convictions within 10 years, which makes the third conviction in that window a felony. A DUI is also a third degree felony, no matter how much time has passed, if the person has an earlier felony conviction for a DUI-related offense, such as a felony DUI or automobile homicide. An unrelated felony does not count. Causing a death through negligent driving while impaired is automobile homicide, a second degree felony. Negligently injuring someone while impaired is a Class A misdemeanor, or a third degree felony if the injury is serious. A passenger under 16 raises a DUI to a Class A misdemeanor, not a felony.
These are the general ranges in Utah's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Utah" https://secondchanceindex.com/felony-classes/utah, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Utah Code §§ 76-3-102, 76-3-103
- Utah Code §§ 41-6a-501(2), 41-6a-502(2), 76-5-102.1, 76-5-207
- Utah Code § 76-3-203
- Utah Code §§ 76-3-104(2), 76-3-301
- Utah Code § 76-6-404(3)
- Utah Code § 76-3-102 Designation of offensesUtah State Legislature
- Utah Code § 76-3-204 Misdemeanor conviction -- Term of imprisonmentUtah State Legislature
- Utah Code § 76-3-205 Infraction conviction -- Fine, forfeiture, and disqualificationUtah State Legislature
- Utah Code § 76-3-206 Capital felony -- PenaltiesUtah State Legislature
- Utah Code § 76-3-301 Fines of individualsUtah State Legislature
- Utah Code § 41-6a-501 DefinitionsUtah State Legislature
- Utah Code § 76-5-102.1 Negligently operating a vehicle resulting in injuryUtah State Legislature
- Utah Code § 76-5-207 Automobile homicide -- Penalties -- EvidenceUtah State Legislature