Utah stalking laws, codified at Utah Code 76-5-106.5, make it a crime to engage in a pattern of two or more acts directed at a specific person when a reasonable person in that person’s situation would fear for their safety or suffer significant emotional distress. A first offense is a Class A misdemeanor, but the charge jumps to a felony when the stalker is a current or former intimate partner, has prior stalking history, or uses a weapon. Victims can also petition for a civil stalking injunction without filing any criminal complaint, and that order is available against anyone, not just a partner or family member.
What Counts as Stalking in Utah
Stalking under Utah law requires a “course of conduct,” which the statute defines as two or more acts directed at the same individual.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer One unwanted text or a single surprise appearance does not meet the threshold. A second qualifying act does.
The qualifying acts are broad. They include following, monitoring, photographing, surveilling, threatening, or communicating to or about someone, whether in person, through a third party, or by any electronic device. The statute specifically lists:
- Approaching or confronting the person
- Appearing at their workplace, home, or other property, or contacting their employer, coworkers, or neighbors
- Sending material to the person or to their family, friends, or associates in order to reach them
- Leaving objects on property the person owns, rents, or occupies
- Using computers, the internet, text messaging, or other electronic means to carry out any of these acts
That last category covers much of modern stalking: GPS tracking, monitoring social media, repeated messages through apps, spyware.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer Individual acts do not need to be illegal on their own. Sending a gift is legal; sending dozens of unwanted gifts after being told to stop is part of a stalking pattern.
Two features of the standard matter. The test is what a reasonable person in the victim’s circumstances would feel, so history between the parties shapes what counts as frightening. And the prosecution does not have to prove the offender intended to cause fear; it is enough that the offender knew, or was reckless about whether, their conduct would cause fear or significant emotional distress.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer “I was just trying to talk” is not a defense.
Emotional distress under the statute means significant mental or psychological suffering, whether or not the person seeks counseling, and it explicitly extends to distress caused by harm to the victim’s animal.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer Hurting a pet to intimidate someone is covered.
Criminal Penalty Tiers
Utah structures stalking penalties in three levels, tied to the offender’s history and the danger of the conduct.
Class A Misdemeanor
A first stalking conviction is a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500.2Utah State Courts. Criminal Penalties Violating a civil stalking injunction also carries this classification when there is no prior stalking conviction.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer
Third-Degree Felony
Stalking is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000, when the offender:2Utah State Courts. Criminal Penalties
- Has a prior stalking conviction in Utah or a substantially similar conviction from another state
- Has a prior felony conviction in which the stalking victim was also the victim of that felony
- Violated a permanent criminal stalking injunction
- Is or was a cohabitant of the victim at the time of the offense
The cohabitant trigger catches a lot of people off guard. If the offender and victim live together, used to live together, are or were in a sexual relationship, are related, or share children, the first stalking offense is automatically a felony rather than a misdemeanor.1Utah Legislature. Utah Code 76-5-106.5 – Stalking — Definitions — Injunction — Penalties — Duties of Law Enforcement Officer
Second-Degree Felony
The most serious classification is a second-degree felony, punishable by one to 15 years in prison and fines up to $10,000.2Utah State Courts. Criminal Penalties This applies when the offender:
- Used a dangerous weapon or force likely to cause death or serious injury during the stalking
- Has two or more prior stalking convictions in Utah or elsewhere
- Has two or more prior felony convictions where the stalking victim was also a victim of those felonies
Firearm Consequences
A stalking conviction or injunction can trigger a federal firearms ban, but the trigger depends on the circumstances. Under 18 U.S.C. 922(g)(8), someone subject to a court order restraining them from stalking or threatening an intimate partner cannot possess firearms or ammunition, as long as the order was issued after a hearing with notice and an opportunity to participate, and it either includes a credible-threat finding or explicitly prohibits the use of physical force.3Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Any felony conviction triggers a separate lifetime federal firearms prohibition, because federal law bars anyone convicted of a crime punishable by more than a year in prison from possessing firearms. Third-degree and second-degree felony stalking in Utah both cross that line.
A standalone misdemeanor stalking conviction does not automatically trigger the federal ban unless it qualifies as a “misdemeanor crime of domestic violence” under federal definitions. Many stalking cases involving intimate partners or cohabitants will meet that threshold in practice.
Getting a Civil Stalking Injunction
You can petition for a civil stalking injunction under Utah Code 78B-7-701 without any criminal case being filed. You do not need a police report or an arrest, though corroborating evidence strengthens the petition. You also do not need any particular relationship with the stalker. Unlike a cohabitant abuse protective order, a civil stalking injunction is available against anyone whose conduct meets the stalking definition.4Utah State Courts. Protective Orders
What to Include in the Petition
The petition must include your name, the respondent’s name and address if you know it, specific events and dates of the alleged stalking, and any prior court orders involving the same conduct.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction You also need corroborating evidence: a police report, affidavit, written statement, copies of messages, photographs, or similar material.
If you are worried about your safety, you can ask the court to keep your address off the petition. The court will still need your address for service purposes, but it will be kept in a protected file that is not part of the public record.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction
Petition forms are available at any district court clerk’s office or through the Utah Courts’ online MyPaperwork system.6Utah State Courts. MyPaperwork
Ex Parte Temporary Order
A judge reviews the petition without the respondent present. If the judge finds reason to believe stalking has occurred, the court can issue an ex parte civil stalking injunction immediately.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction The order can prohibit the respondent from contacting you directly or through others, keep them away from your home, workplace, or school, and impose any other restrictions the court considers necessary.
The order has to be served on the respondent to have legal effect. Until service happens, the respondent has no legal notice of the restrictions. Many petitioners use a sheriff’s office or a professional process server to get this done promptly.7Utah State Courts. Civil Stalking Injunction
What Happens After the Respondent Is Served
Once served, the respondent has 10 days to request a hearing in writing.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction Three paths are possible from there.
No Hearing Requested
If the respondent does not request a hearing within 10 days, the temporary order automatically becomes a civil stalking injunction. It stays in effect for three years from the date the ex parte order was served.7Utah State Courts. Civil Stalking Injunction
Hearing Requested on Time
The court must schedule a hearing as soon as possible, generally within 10 days of the request. At that hearing, you have to show by a preponderance of the evidence that stalking occurred.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction That is a lower standard than the criminal “beyond a reasonable doubt.” The judge can continue the injunction for three years, modify it, or dismiss it.
Late Hearing Request
A respondent who misses the 10-day deadline can still request a hearing, but the burden flips: the respondent must show good cause for dissolving or modifying the injunction.5Utah Legislature. Utah Code 78B-7-701 – Ex Parte Civil Stalking Injunction — Civil Stalking Injunction That is a much harder standard.
What a Violation Costs
Violating a civil stalking injunction is not just contempt of court. Under Utah Code 78B-7-703, any violation of an ex parte or final civil stalking injunction is itself the criminal offense of stalking.8Utah Legislature. Utah Code 78B-7-703 – Violation A single act of prohibited contact can be prosecuted as stalking without the prosecution having to prove an independent two-act pattern. Enforcement can come through a criminal prosecution, a civil action by the petitioner, or both.
With no prior stalking conviction, a violation is a Class A misdemeanor. But because the violation itself counts as a stalking offense, any later violation builds the prior-conviction history that pushes the next charge to a third-degree felony.
Stalking Injunction or Protective Order?
Picking the right order depends mainly on your relationship with the person you need protection from. A cohabitant abuse protective order requires a qualifying relationship: you and the respondent must be or have been married, living together, in a sexual relationship, related by family, or sharing children.4Utah State Courts. Protective Orders A dating violence protective order covers romantic or intimate relationships that do not reach the cohabitant level.
A civil stalking injunction requires no relationship at all. It is the right path when you are being stalked by a stranger, acquaintance, coworker, or anyone else outside those categories. If a current or former partner is stalking you, you may qualify for either a protective order or a stalking injunction. A protective order can address additional matters like temporary custody and property use that a stalking injunction cannot.
Enforcement Outside Utah
A Utah stalking injunction is enforceable in every other state, tribal territory, and U.S. territory under the federal full faith and credit provision at 18 U.S.C. 2265. You do not have to register the order in the other state for local law enforcement to honor it. The requirements are that the Utah court had jurisdiction and the respondent received notice and an opportunity to be heard, which Utah’s 10-day hearing window satisfies for ex parte orders.9Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders Carrying a certified copy when you travel makes it easier to show local police if you need to call them, though it is not legally required for the order to be valid.