Utah Code 76-8-318. Assault or threat of violence against child welfare worker

(1)

Under 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

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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
Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5

(1)(a) As used in this section:

(1)(a)(i) “Assault” means an offense under Section 76-5-102.

(1)(a)(ii) “Child welfare worker” means an employee of the Division of Child and Family Services created in Section 80-2-201.

(1)(a)(iii) “Threat of violence” means an offense under Section 76-5-107.

(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2) An actor commits assault or threat of violence against child welfare worker if:

(2)(a) the actor is not:

(2)(a)(i) a prisoner or an individual detained under Section 77-7-15; or

(2)(a)(ii) a minor in the custody of or receiving services from a division within the Department of Health and Human Services;

(2)(b) the actor knew that the victim was a child welfare worker; and

(2)(c) the child welfare worker was acting within the scope of the child welfare worker’s authority at the time of the assault or threat of violence.

(3)

(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.

(3)(b) A violation of Subsection (2) is a third degree felony if the actor:

(3)(b)(i) causes substantial bodily injury; and

(3)(b)(ii) acts intentionally or knowingly.