Admissibility of Evidence of the Actor's Expression or Association in Victim Targeting Criminal Penalty Enhancements

Evidence of a criminal defendant's expressions or associations is not admissible to establish a penalty enhancement for a defendant's selection of a victim unless the evidence is otherwise admissible under these rules and specifically relates to the defendant's selection of the victim of the offense charged or is introduced for impeachment. Effective March 13, 2019, pursuant to 2019 UT S.J.R. 8 “Joint Resolution Amending Rules of Evidence - Victim Selection.”