Utah Code 80-2-609. Failure to report — Threats and intimidation — Penalty
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(1) If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603 , the division shall file a complaint with:
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 80-2-609
- Abuse: means :(1)(a)(i)(1)(a)(i)(A) nonaccidental harm of a child;(1)(a)(i)(B) threatened harm of a child;(1)(a)(i)(C) sexual exploitation;(1)(a)(i)(D) sexual abuse; or(1)(a)(i)(E) human trafficking of a child in violation of Section
Utah Code 80-1-102 - Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Neglect: means action or inaction causing:
(58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;(58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;(58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;(58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;(58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section78B-24-203 ; or(58)(a)(vi) educational neglect. See Utah Code 80-1-102- 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- Prosecuting attorney: means :
(65)(a) the attorney general and any assistant attorney general;(65)(b) any district attorney or deputy district attorney;(65)(c) any county attorney or assistant county attorney; and(65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section80-3-301 ; or(66)(b) the day on which the child is returned home. See Utah Code 80-1-102- 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
- Subject of the report: includes the child who is the alleged victim of the report and the person responsible for the child's care. See Utah Code 80-2-102
- Therapist: means :
(91)(a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or(91)(b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102(1)(a) the Division of Professional Licensing if the person is a health care provider, as defined in Subsection80-2-603 (1)(a)(i), or a mental health therapist, as defined in Section58-60-102 ;(1)(b) the appropriate law enforcement agency if the person is a law enforcement officer, as defined in Section53-13-103 ; or(1)(c) the State Board of Education if the person is an educator, as defined in Section53E-6-102 .(2) The division shall:(2)(a) provide the information deemed necessary for action on the complaint by the entities listed in Subsection (1); and(2)(b) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the information the division shall provide under Subsection (1).(3)(3)(a) A person is guilty of a class B misdemeanor if the person willfully fails to report under Section80-2-602 or80-2-603 .(3)(b) If a person is convicted under Subsection (3)(a), the court may order the person, in addition to any other sentence the court imposes, to:(3)(b)(i) complete community service hours; or(3)(b)(ii) complete a program on preventing abuse and neglect of children.(3)(c) In determining whether it would be appropriate to charge a person with a violation of Subsection (3)(a), the prosecuting attorney shall take into account whether a reasonable person would not have reported suspected abuse or neglect of a child because reporting would have placed the person in immediate danger of death or serious bodily injury.(3)(d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use a person’s violation of Subsection (3)(a) as the basis for charging the person with another offense.(3)(e) A prosecution for failure to report under Subsection (3)(a) shall be commenced within two years after the day on which the person had knowledge of the suspected abuse or neglect or the circumstances described in Subsection80-2-603 (2) and willfully failed to report.(4) Under circumstances not amounting to a violation of Section76-8-508 , a person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to intimidate a child who is the subject of the report under Section80-2-602 or80-2-603 , the person who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.