Utah Code 76-3-203.10. Violent offense committed in presence of a child — Penalties
Current as of: 2024 | Check for updates
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(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 76-3-203.10
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
(1)(a) “In the presence of a child” means:(1)(a)(i) in the physical presence of a child younger than 14 years old; and(1)(a)(ii) having knowledge that the child is present and may see or hear the commission of a violent criminal offense.(1)(b) “Violent criminal offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1.(2) A person commits a violent criminal offense in the presence of a child if the person:(2)(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child;(2)(b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or(2)(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child.(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.