Utah Code 76-5-114. Commission of domestic violence in the presence of a child

76-5-114. Commission of domestic violence in the presence of a child.

(1)

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

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Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
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
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)

As used in this section:

(i)	“Cohabitant” means the same as that term is defined in Section 78B-7-102.

(ii)	“Criminal homicide offense” means an offense listed in Subsection 76-5-201(2).

(iii)

“Domestic violence” means the same as that term is defined in Section 77-36-1.

(iv)

“In the presence of a child” means:

(A)	in the physical presence of a child; or

(B)	having knowledge that a child is present and may see or hear an act of domestic violence.

(b)	Terms defined in Section 76-1-101.5 apply to this section.

(2)

An actor commits domestic violence in the presence of a child if the actor:

(a)	commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;

(b)	intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or

(c)	under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.

(3)

(a)	A violation of Subsection (2)(a) or (b) is a third degree felony.

(b)	A violation of Subsection (2)(c) is a class B misdemeanor.

(4)

(a)	A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.

(b)	Either or both charges may be filed by the prosecutor.

(5)	An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.

Renumbered and Amended by Chapter 181, 2022 General Session