76-5-109.3. Child abandonment.
| (1) |
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Terms Used In Utah Code 76-5-109.3- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Conduct: means an act or omission. See 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
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
| (a) |
As used in this section:
| (i) |
“Child” means the same as that term is defined in Section 76-5-109. |
| (ii) |
“Enterprise” means the same as that term is defined in Section 76-10-1602. |
| (iii) |
“Serious physical injury” means the same as that term is defined in Section 76-5-109. |
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| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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| (2) |
| (a) |
Except as provided in Subsection (4), an actor commits child abandonment if the actor:
| (i) |
is a parent or legal guardian of a child, and:
| (A) |
intentionally ceases to maintain physical custody of the child; |
| (B) |
intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and |
| (C) |
| (I) |
intentionally fails to provide the child with food, shelter, or clothing; |
| (II) |
manifests an intent to permanently not resume physical custody of the child; or |
| (III) |
for a period of at least 30 days, intentionally fails to resume physical custody of the child and fails to manifest a genuine intent to resume physical custody of the child; or |
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| (ii) |
encourages or causes the parent or legal guardian of a child to violate Subsection (2)(a)(i). |
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| (b) |
Except as provided in Subsection (4), an enterprise commits child abandonment if the enterprise encourages, commands, or causes another to violate Subsection (2)(a). |
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| (3) |
| (a) |
| (i) |
A violation of Subsection (2) is a third degree felony. |
| (ii) |
Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second degree felony if, as a result of the child abandonment:
| (A) |
the child suffers a serious physical injury; or |
| (B) |
the actor or enterprise receives, directly or indirectly, any benefit. |
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| (b) |
| (i) |
In addition to the penalty described in Subsection (3)(a)(ii), the court may order the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of investigating and prosecuting the offense and the costs of securing any forfeiture provided for under Subsection (3)(b)(ii). |
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| (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) |
An actor is not guilty of an offense under this section for conduct that constitutes:
| (i) |
the safe relinquishment of a child pursuant to the provisions of Section 80-4-502; |
| (ii) |
giving legal consent to a court order for termination of parental rights:
| (A) |
in a legal adoption proceeding; or |
| (B) |
in a case in which a petition for the termination of parental rights, or the termination of a guardianship, has been filed; |
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| (iii) |
reasonable discipline or management of a child, including withholding privileges; or |
| (iv) |
conduct described in Section 76-2-401. |
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Amended by Chapter 448, 2023 General Session
