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2022 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Individual
Part 1 - Assault and Related Offenses
Section 114 - Commission of domestic violence in the presence of a child.
Universal Citation: UT Code § 76-5-114 (2022)
Effective 5/4/2022
76-5-114. Commission of domestic violence in the presence of a child.
Renumbered and Amended by Chapter 181, 2022 General Session
76-5-114. Commission of domestic violence in the presence of a child.
- (1)
- (a) As used in this section:
- (i) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
- (ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).
- (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1.
- (iv) "In the presence of a child" means:
- (A) in the physical presence of a child; or
- (B) having knowledge that a child is present and may see or hear an act of domestic violence.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (a) As used in this section:
- (2) An actor commits domestic violence in the presence of a child if the actor:
- (a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;
- (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon 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 violation of Subsection (2)(a) or (b) is a third degree felony.
- (b) A violation of Subsection (2)(c) is a class B misdemeanor.
- (4)
- (a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.
- (b) Either or both charges may be filed by the prosecutor.
- (5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.
Renumbered and Amended by Chapter 181, 2022 General Session
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