76-5-208. Child abuse homicide — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see Utah Code § 76-3-203
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Terms Used In Utah Code 76-5-208
| (a) |
As used in this section, “child abuse” means an offense described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114. |
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:
| (a) |
| (i) |
the actor causes the death of another individual who is younger than 18 years old; and |
| (ii) |
the individual’s death results from child abuse; and |
|
| (b) |
| (ii) |
the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or |
| (iii) |
under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c). |
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| (3) |
| (a) |
A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony. |
| (b) |
A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony. |
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Amended by Chapter 111, 2023 General Session
