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

76-8-318. Assault or threat of violence against child welfare worker — Penalty.

(1)

As used in this section:

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

For details, see Utah Code § 76-3-204

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Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5

(a)

“Assault” means the same as that term is defined in Section 76-5-102.

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

(c)	“Threat of violence” means the same as that term is defined in Section 76-5-107.

(2)

An individual who commits an assault or threat of violence against a child welfare worker is guilty of a class A misdemeanor if:

(a)

the individual is not:

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

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

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

(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)

An individual who violates this section is guilty of a third degree felony if the individual:

(a)	causes substantial bodily injury, as defined in Section 76-1-101.5; and

(b)	acts intentionally or knowingly.

Amended by Chapter 181, 2022 General Session
Amended by Chapter 335, 2022 General Session

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