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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “In the presence of a child” means:
(i) in the physical presence of a child younger than 14 years old; and
(ii) having knowledge that the child is present and may see or hear the commission of a violent criminal offense.
(b) “Violent criminal offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1.
(2) A person commits a violent criminal offense in the presence of a child if the person:
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child;
(b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child.
(3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-203.10 § 76-3-203.10. Violent offense committed in presence of a child--Penalties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-203-10/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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