Utah Code 80-6-206. Interrogation of a child — Presence of a parent, legal guardian, or other adult — Prohibition on false information or unauthorized statement — Admissibility of admission, confession, or statement by child
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(1) As used in this section:
Terms Used In Utah Code 80-6-206
- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102 - committed: means , unless specified otherwise:(15)(a) with respect to a child, to transfer legal custody; and(15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section
80-5-501 , for minors held in detention. See Utah Code 80-1-102- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- Emancipated: means the same as that term is defined in Section
80-7-102 . See Utah Code 80-1-102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
(35)(a) marriage;(35)(b) enlistment in the armed forces;(35)(c) major medical, surgical, or psychiatric treatment; or(35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Guardian ad litem: means the same as that term is defined in Section
78A-2-801 . See Utah Code 80-1-102- Juvenile probation officer: means a probation officer appointed under Section
78A-6-205 . See Utah Code 80-1-102- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(54)(a) a child; or(54)(b) an individual:(54)(b)(i)(54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;(54)(b)(ii)(54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and(54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(b); or(54)(b)(iii)(54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(c). 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- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- 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- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- Secure care facility: means a facility, established in accordance with Section
80-5-503 , for juvenile offenders in secure care. 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
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section
80-6-701 , until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102- Victim: includes :
(20)(b)(i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and(20)(b)(ii) the Utah Office for Victims of Crime. See Utah Code 80-6-102(1)(a) “Custodial interrogation” means any interrogation of a child while the individual is in custody.(1)(b)(1)(b)(i) “Friendly adult” means an adult:(1)(b)(i)(A) who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and(1)(b)(i)(B) who is not hostile or adverse to the child’s interest.(1)(b)(ii) “Friendly adult” does not include a parent or guardian of the child.(1)(c)(1)(c)(i) “Interrogation” means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response.(1)(c)(ii) “Interrogation” does not include words or actions normally attendant to arrest and custody.(2)(2)(a) If a child is subject to a custodial interrogation for an offense, the child has the right to have:(2)(a)(i) the child’s parent or guardian present during an interrogation of the child; or(2)(a)(ii) a friendly adult present during an interrogation of the child if:(2)(a)(ii)(A) there is reason to believe that the child’s parent or guardian has abused or threatened the child; or(2)(a)(ii)(B) the child’s parent’s or guardian’s interest is adverse to the child’s interest, including that the parent or guardian is a victim or a codefendant of the offense alleged to have been committed by the child.(2)(b) A child’s parent or guardian, or a friendly adult, is present at a custodial interrogation if:(2)(b)(i) the parent, guardian, or friendly adult attends the custodial interrogation in person or by video; and(2)(b)(ii) an interpreter is provided to the child and the parent, guardian, or friendly adult if the child or the parent, guardian, or friendly adult is unable to speak or understand English.(3) If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:(3)(a) the child has been advised, in accordance with Subsection (4), of:(3)(a)(i) the child’s constitutional rights; and(3)(a)(ii) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child’s right to have a parent or guardian, or a friendly adult present during the interrogation;(3)(b) the child has waived the child’s constitutional rights;(3)(c) if the child has a right to have a parent, guardian, or friendly adult present during the interrogation under this section, the child’s parent or guardian, or a friendly adult, was present during the child’s waiver under Subsection (3)(b) and has given permission for the child to be interrogated;(3)(d) if the child is being held in a detention facility or a secure care facility, the child has had a meaningful opportunity to consult with the child’s appointed or retained attorney and the child’s appointed or retained attorney is present for the interrogation; and(3)(e) if the child is in the custody of the Division of Child and Family Services and a guardian ad litem has been appointed for the child, the child’s guardian ad litem has given consent to an interview of the child as described in Section80-2-705 .(4) Before the custodial interrogation of a child by a peace officer or a juvenile probation officer, the peace officer or juvenile probation officer shall disclose the following to the child:(4)(a) You have the right to remain silent.(4)(b) If you do not want to talk to me, you do not have to talk to me.(4)(c) If you decide to talk to me, you have the right to stop answering my questions or talking to me at any time.(4)(d) Anything you say can and will be used against you in court.(4)(e) If you talk to me, I can tell a judge and everyone else in court everything that you tell me.(4)(f) You have the right to have a parent or guardian, or a friendly adult if applicable, with you while I ask you questions.(4)(g) You have the right to a lawyer.(4)(h) You can talk to a lawyer before I ask you any questions and you can have that lawyer with you while I ask you questions.(4)(i) If you want to talk to a lawyer, a lawyer will be provided to you for free.(4)(j) These are your rights.(4)(k) Do you understand the rights that I have just told you?(4)(l) Do you want to talk to me?(5)(5)(a) A peace officer’s, or a juvenile probation officer‘s, compliance with Subsection (4) is determined by examining the entirety of the officer’s disclosures to the child.(5)(b) A peace officer’s, or a juvenile probation officer’s, failure to strictly comply with, or state the exact language of, Subsection (4) is not grounds by itself for finding the officer has not complied with Subsection (4).(6) Notwithstanding Subsection (2), a child’s parent or guardian, or a friendly adult if applicable under Subsection (2)(b), is not required to be present during the child’s waiver as described in Subsection (3)(c) or to give permission to the custodial interrogation of the child if:(6)(a) the child is emancipated as described in Section80-7-105 ;(6)(b) the child has misrepresented the child’s age as being 18 years old or older and a peace officer or a juvenile probation officer has relied on that misrepresentation in good faith;(6)(c) a peace officer, a juvenile probation officer, or a law enforcement agency:(6)(c)(i) has made reasonable efforts to contact the child’s parent or guardian, or a friendly adult if applicable under Subsection (2)(b); and(6)(c)(ii) has been unable to make contact within one hour after the time at which the child is taken into temporary custody; or(6)(d) the child is being held in a detention facility or a secure care facility and the child’s appointed or retained attorney is required to be present for the interrogation as described in Subsection (7).(7)(7)(a) If a child is being held in a detention facility or a secure care facility and the child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:(7)(a)(i) the child has had a meaningful opportunity to consult with the child’s appointed or retained attorney;(7)(a)(ii) the child waives the child’s constitutional rights after consultation with the child’s appointed or retained attorney; and(7)(a)(iii) the child’s appointed or retained attorney is present for the interrogation.(7)(b) Subsection (7)(a) does not apply to a juvenile probation officer or a staff member of a detention facility, unless the juvenile probation officer or the staff member is interrogating the child on behalf of a peace officer or a law enforcement agency.(7)(c) A child’s appointed or retained attorney is present at a custodial interrogation as described in this Subsection (7) if the attorney attends the custodial interrogation in person or by video.(8) If a child is subject to a custodial interrogation for an offense, a peace officer, or an individual interrogating a child on behalf of a peace officer or a law enforcement agency, may not knowingly:(8)(a) provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; or(8)(b) make an unauthorized statement about leniency for the offense.(9) A law enforcement agency shall make an audio recording or an audio-video recording that accurately records a custodial interrogation of a child.(10)(10)(a) If a peace officer or juvenile probation officer intentionally, knowingly, or recklessly fails to comply with the requirements for a custodial interrogation of a child as described in this section, any admission, confession, or statement made by the child as a result of the custodial interrogation is presumed:(10)(a)(i) to not be voluntarily, knowingly, and intelligently made; and(10)(a)(ii) to not be admissible as evidence against the child.(10)(b) A prosecuting attorney may only overcome the presumption described in Subsection (10)(a) by a preponderance of the evidence showing that the child had the ability to comprehend and waive:(10)(b)(i) the child’s constitutional rights; and(10)(b)(ii) if the child has a right to have a parent, guardian, or friendly adult present under this section, the child’s right to have a parent or guardian, or a friendly adult, present during the custodial interrogation.(10)(c) When a custodial interrogation of a child is not accurately recorded as described in Subsection (9), a court shall determine whether a statement made by the child in the custodial interrogation is admissible in accordance with Rule 616 of the Utah Rules of Evidence.(11) A minor may only waive the minor’s right to be represented by counsel at all stages of court proceedings as described in Section78B-22-204 .