76-7-201. Criminal nonsupport.
| (1) |
A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, the person knowingly fails to provide for the support of a spouse, child, or children when any one of them:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| felony of the third degree | up to 5 years | up to $5,000 | | class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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Terms Used In Utah Code 76-7-201- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
is in needy circumstances; or |
| (b) |
would be in needy circumstances but for support received from a source other than the defendant or paid on the defendant’s behalf. |
|
| (2) |
Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor. |
| (3) |
Criminal nonsupport is a felony of the third degree if the defendant:
| (a) |
has been convicted one or more times of nonsupport, whether in this state, any other state, or any court of the United States; |
| (b) |
committed the offense while residing outside of Utah; or |
| (c) |
commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000. |
|
| (4) |
For purposes of this section “child” includes a child born out of wedlock whose paternity has been admitted by the defendant or has been established in a civil suit. |
| (5) |
| (a) |
In a prosecution for criminal nonsupport under this section, it is an affirmative defense that the defendant is unable to provide support. Voluntary unemployment or underemployment by the defendant does not give rise to that defense. |
| (b) |
Not less than 20 days before trial the defendant shall file and serve on the prosecuting attorney a notice, in writing, of the defendant’s intention to claim the affirmative defense of inability to provide support. The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses who the defendant proposes to examine in order to establish the defense. |
| (c) |
Not more than 10 days after receipt of the notice described in Subsection (5)(b), or at such other time as the court may direct, the prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses who the state proposes to examine in order to contradict or rebut the defendant’s claim. |
| (d) |
Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party’s failure to comply is the result of bad faith, it may impose appropriate sanctions. |
|
| (6) |
Criminal nonsupport is a continuing offense. |
Amended by Chapter 209, 2020 General Session
