Utah Code 76-5-114. Commission of domestic violence in the presence of a child
Current as of: 2024 | Check for updates
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Other versions
(1)
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 76-5-114
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- 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
- 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) As used in this section:(1)(a)(i) “Cohabitant” means the same as that term is defined in Section 78B-7-102.(1)(a)(ii) “Criminal homicide offense” means an offense listed in Subsection 76-5-201(2).(1)(a)(iii) “Domestic violence” means the same as that term is defined in Section 77-36-1.(1)(a)(iv) “In the presence of a child” means:(1)(a)(iv)(A) in the physical presence of a child; or(1)(a)(iv)(B) having knowledge that a child is present and may see or hear an act of domestic violence.(1)(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits domestic violence in the presence of a child if the actor:(2)(a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;(2)(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or(2)(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.(3)(3)(a) A violation of Subsection (2)(a) or (b) is a third degree felony.(3)(b) A violation of Subsection (2)(c) is a class B misdemeanor.(4)(4)(a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.(4)(b) Either or both charges may be filed by the prosecutor.(5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.