Utah Code 76-3-203.10. Violent offense committed in presence of a child

76-3-203.10. Violent offense committed in presence of a child — Penalties.

(1)

As used in this section:

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

For details, see Utah Code § 76-3-204

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
Dangerous weapon: means :Utah Code 76-1-101.5
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5

(a)

“In the presence of a child” means:

(i)	in the physical presence of a child younger than 14 years old; and

(ii)	having knowledge that the child is present and may see or hear the commission of a violent criminal offense.

(b)	“Violent criminal offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1.

(2)

A person commits a violent criminal offense in the presence of a child if the person:

(a)	commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child;

(b)	intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or

(c)	under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child.

(3)	A person who violates Subsection (2) is guilty of a class B misdemeanor.

Amended by Chapter 181, 2022 General Session

LawServer