As used in this chapter:

(1) “Cohabitant” means the same as that term is defined in Section 78B-7-102.
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Terms Used In Utah Code 77-36-1 v2

  • Cohabitant: means the same as that term is defined in Section 78B-7-102. See Utah Code 77-36-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Public Safety. See Utah Code 77-36-1
  • Divorced: means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. See Utah Code 77-36-1
  • domestic violence offense: includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:
              (4)(b)(i) aggravated assault under Section 76-5-103;
              (4)(b)(ii) aggravated cruelty to an animal under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
              (4)(b)(iii) assault under Section 76-5-102;
              (4)(b)(iv) criminal homicide under Section 76-5-201;
              (4)(b)(v) harassment under Section 76-5-106;
              (4)(b)(vi) electronic communication harassment under Section 76-9-201;
              (4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, Utah Code 77-36-1
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Married and living together: means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence. See Utah Code 77-36-1
  • Not married: means any living arrangement other than married and living together, divorced, or separated. See Utah Code 77-36-1
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Protective order: includes an order issued under Subsection 78B-7-804(3). See Utah Code 77-36-1
  • Separated: means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence. See Utah Code 77-36-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Victim: means a cohabitant who has been subjected to domestic violence. See Utah Code 77-36-1
(2) “Department” means the Department of Public Safety.
(3) “Divorced” means an individual who has obtained a divorce under Title 81, Chapter 4, Part 4, Divorce.
(4)

     (4)(a) “Domestic violence” or “domestic violence offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.
     (4)(b) “Domestic violence” or “domestic violence offense” includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:

          (4)(b)(i) aggravated assault under Section 76-5-103;
          (4)(b)(ii) aggravated cruelty to an animal under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;
          (4)(b)(iii) assault under Section 76-5-102;
          (4)(b)(iv) criminal homicide under Section 76-5-201;
          (4)(b)(v) harassment under Section 76-5-106;
          (4)(b)(vi) electronic communication harassment under Section 76-9-201;
          (4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, 76-5-301.1, and 76-5-302;
          (4)(b)(viii) mayhem under Section 76-5-105;
          (4)(b)(ix) propelling a bodily substance or material, as described in Section 76-5-102.9
          (4)(b)(x) sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual exploitation of a minor and aggravated sexual exploitation of a minor, as described in Sections 76-5b-201 and 76-5b-201.1;
          (4)(b)(xi) stalking under Section 76-5-106.5;
          (4)(b)(xii) unlawful detention and unlawful detention of a minor under Section 76-5-304;
          (4)(b)(xiii) violation of a protective order or ex parte protective order under Section 76-5-108;
          (4)(b)(xiv) an offense against property under Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;
          (4)(b)(xv) possession of a deadly weapon with criminal intent under Section 76-10-507;
          (4)(b)(xvi) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle under Section 76-10-508;
          (4)(b)(xvii) disorderly conduct under Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. § 921, and is exempt from the federal Firearms Act, 18 U.S.C. § 921 et seq.;
          (4)(b)(xviii) child abuse under Section 76-5-114;
          (4)(b)(xix) threatening use of a dangerous weapon under Section 76-10-506;
          (4)(b)(xx) threatening violence under Section 76-5-107;
          (4)(b)(xxi) tampering with a witness under Section 76-8-508;
          (4)(b)(xxii) retaliation against a witness, victim, or informant under Section 76-8-508.3;
          (4)(b)(xxiii) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
          (4)(b)(xxiv) unlawful distribution of an intimate image under Section 76-5b-203;
          (4)(b)(xxv) unlawful distribution of a counterfeit intimate image under Section 76-5b-205;
          (4)(b)(xxvi) sexual battery under Section 76-9-702.1;
          (4)(b)(xxvii) voyeurism under Section 76-9-702.7;
          (4)(b)(xxviii) damage to or interruption of a communication device under Section 76-6-108; or
          (4)(b)(xxix) an offense under Subsection 78B-7-806(1).
(5) “Jail release agreement” means the same as that term is defined in Section 78B-7-801.
(6) “Jail release court order” means the same as that term is defined in Section 78B-7-801.
(7) “Marital status” means married and living together, divorced, separated, or not married.
(8) “Married and living together” means a couple whose marriage was solemnized under Section 81-2-305 or 81-2-407 and who are living in the same residence.
(9) “Not married” means any living arrangement other than married and living together, divorced, or separated.
(10) “Protective order” includes an order issued under Subsection 78B-7-804(3).
(11) “Pretrial protective order” means a written order:

     (11)(a) specifying and limiting the contact a person who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and
     (11)(b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803, pending trial in the criminal case.
(12) “Sentencing protective order” means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.
(13) “Separated” means a couple who have had their marriage solemnized under Section 81-2-305 or 81-2-407 and who are not living in the same residence.
(14) “Victim” means a cohabitant who has been subjected to domestic violence.

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