76-5-109. Child abuse.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 | | class B misdemeanor | up to 6 months | up to $1,000 | | class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-109- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Dangerous weapon: means :Utah Code 76-1-101.5
- 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:Utah Code 68-3-12.5
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- 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
| (a) |
As used in this section:
| (i) |
“Child” means an individual who is younger than 18 years old. |
| (ii) |
“Physical injury” means an injury to or condition of a child which impairs the physical condition of the child, including:
| (A) |
a bruise or other contusion of the skin; |
| (B) |
a minor laceration or abrasion; |
| (C) |
failure to thrive or malnutrition; or |
| (D) |
any other condition which imperils the child’s health or welfare and that is not a serious physical injury. |
|
| (iii) |
| (A) |
“Serious physical injury” means any physical injury or set of injuries that:
| (I) |
seriously impairs the child’s health; |
| (II) |
involves physical torture; |
| (III) |
causes serious emotional harm to the child; or |
| (IV) |
involves a substantial risk of death to the child. |
|
| (B) |
“Serious physical injury” includes:
| (I) |
fracture of any bone or bones; |
| (II) |
intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child’s head to impact with an object or surface; |
| (III) |
any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child; |
| (IV) |
any injury caused by use of a dangerous weapon; |
| (V) |
any combination of two or more physical injuries inflicted by the same person, either at the same time or on different occasions; |
| (VI) |
any damage to internal organs of the body; |
| (VII) |
any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child’s ability to function; |
| (VIII) |
any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ; |
| (IX) |
any impediment of the breathing or the circulation of blood by application of pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to produce a loss of consciousness; |
| (X) |
any conduct that results in starvation or failure to thrive or malnutrition that jeopardizes the child’s life; or |
| (XI) |
unconsciousness caused by the unlawful infliction of a brain injury or unlawfully causing any deprivation of oxygen to the brain. |
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| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
An actor commits child abuse if the actor:
| (a) |
inflicts upon a child physical injury; or |
| (b) |
having the care or custody of such child, causes or permits another to inflict physical injury upon a child. |
|
| (3) |
| (a) |
A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly. |
| (b) |
A violation of Subsection (2) is a class B misdemeanor if done recklessly. |
| (c) |
A violation of Subsection (2) is a class C misdemeanor if done with criminal negligence. |
|
| (4) |
| (a) |
A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to have committed an offense under this section. |
| (b) |
A parent or guardian of a child does not violate this section by selecting a treatment option for a medical condition of the child, if the treatment option is one that a reasonable parent or guardian would believe to be in the best interest of the child. |
| (c) |
An actor is not guilty of an offense under this section for conduct that constitutes:
| (i) |
reasonable discipline or management of a child, including withholding privileges; |
| (ii) |
conduct described in Section 76-2-401; or |
| (iii) |
the use of reasonable and necessary physical restraint or force on a child:
| (B) |
in defense of others; |
| (C) |
to protect the child; or |
| (D) |
to remove a weapon in the possession of a child for any of the reasons described in Subsections (4)(c)(iii)(A) through (C). |
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Amended by Chapter 181, 2022 General Session
Amended by Chapter 335, 2022 General Session
