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.
Current as of May 05, 2022 | Updated by FindLaw Staff
(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.
(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.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-5-114. Commission of domestic violence in the presence of a child - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-5-114/
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 or via Westlaw before relying on it for your legal needs.
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.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)