Skip to main content
Find a Lawyer

Utah Code Title 76. Utah Criminal Code § 76-3-203.9. Violent offense committed in presence of a child--Aggravating factor

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 of age; or

(ii) having knowledge that a child younger than 14 years of age is present and may see or hear 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.

(2) The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child.

(3) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.

(4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States.

(5) This section does not affect or restrict the exercise of judicial discretion under any other provision of Utah law.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-203.9. Violent offense committed in presence of a child--Aggravating factor - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-203-9/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard