Utah Code 78B-3-1003. Liability of a parent or guardian for repeated offenses by a minor on school grounds
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(1) Except as provided in Subsection (6), if a person suffers damages from a minor committing the same offense repeatedly on school grounds for an offense in Title 76, Utah Criminal Code, or Title 80, Utah Juvenile Code, the person may bring a cause of action against a parent or guardian with legal custody of the minor to recover costs and damages caused by the repeated offense.
Terms Used In Utah Code 78B-3-1003
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Minor: means any person under 18 years old. See Utah Code 78B-3-1001
- 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The parent or guardian is not liable for costs or damages under Subsection (1) if the parent or guardian made a reasonable effort to supervise and direct the minor.(3) If a parent or guardian is found liable under this section, the court may waive part or all of the parent’s or guardian’s liability for costs or damages if the court finds:(3)(a) good cause; or(3)(b) that the parent or guardian reported the minor’s wrongful conduct to law enforcement after the parent or guardian knew of the minor’s wrongful conduct.(4) A report is not required under Subsection (3)(b)(ii) from a parent or guardian if the minor was arrested or apprehended by law enforcement.(5) An adjudication or a conviction of a minor for a repeated offense under Title 76, Utah Criminal Code, or Title 80, Utah Juvenile Code, is not required for a civil action to be brought under this section.(6) A person may not bring a cause of action against the state, an agency of the state, or a contracted provider of an agency of the state, under this section.