Utah Code 76-5-208. Child abuse homicide — Penalties
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-203
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-5-208
- Actor: means a person whose criminal responsibility is in issue in a criminal action. 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
(1)(a) As used in this section, “child abuse” means an offense described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:
(2)(a)
(2)(a)(i) the actor causes the death of another individual who is younger than 18 years old; and
(2)(a)(ii) the individual’s death results from child abuse; and
(2)(b)
(2)(b)(i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
(2)(b)(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or
(2)(b)(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
(3)
(3)(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.
(3)(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.