2006 Utah Code - 76-5-109.1 — Commission of domestic violence in the presence of a child.

     76-5-109.1.   Commission of domestic violence in the presence of a child.
     (1) As used in this section:
     (a) "Cohabitant" has the same meaning as defined in Section 30-6-1.
     (b) "Domestic violence" has the same meaning as in Section 77-36-1.
     (c) "In the presence of a child" means:
     (i) in the physical presence of a child; or
     (ii) having knowledge that a child is present and may see or hear an act of domestic violence.
     (2) A person is guilty of child abuse if the person:
     (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a cohabitant in the presence of a child; or
     (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, as defined in Section 76-1-601, 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 person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
     (b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
     (4) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence where the victim is the cohabitant. Either or both charges may be filed by the prosecutor.

Amended by Chapter 81, 2002 General Session