H.B. 40 Enrolled

CRIMINAL NONSUPPORT AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen W. Morgan
AN ACT RELATING TO CRIMINAL CODE; MODIFYING CRIME OF CRIMINAL
NONSUPPORT TO EXPAND THE BASES FOR ENHANCEMENT OF THE OFFENSE TO
A THIRD DEGREE FELONY AND CLARIFYING THAT IT IS NO DEFENSE THAT THE
PERSON TO BE SUPPORTED IS NOT NEEDY BECAUSE THAT PERSON IS RECEIVING
SUPPORT FROM ANOTHER SOURCE OR PAID ON DEPENDANT'S BEHALF.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-7-201, as last amended by Chapter 289, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-7-201 is amended to read:
76-7-201. Criminal nonsupport.
(1) A person commits criminal nonsupport if, having a spouse, a child, or children under
the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children
when any one of them:
(a) is in needy circumstances; or
(b) would be in needy circumstances but for support received from a source other than the
defendant or paid on the defendant's behalf.
(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
(3) Criminal nonsupport is a felony of the third degree if the actor:
(a) has been convicted one or more times of nonsupport, whether in this state, any other
state, or any court of the United States; [or]
(b) committed the offense while residing [in another state] outside of Utah; or
(c) commits the crime of nonsupport in each of 18 individual months within any 24-month
period, or the total arrearage is in excess of $10,000.
(4) For purposes of this section "child" includes a child born out of wedlock whose

paternity has been admitted by the actor or has been established in a civil suit.
[(5) In a prosecution under this section, it is no defense that the person to be supported
received necessary support from a source other than the defendant.]
[(6)] (5) (a) In a prosecution for criminal nonsupport under this section, it is an affirmative
defense that the accused is unable to provide support. Voluntary unemployment or
underemployment by the defendant does not give rise to that defense.
(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting
attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide
support. The notice shall specifically identify the factual basis for the defense and the names and
addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
(c) Not more than ten days after receipt of the notice described in Subsection (5)(b), or at
such other time as the court may direct, the prosecuting attorney shall file and serve the defendant
with a notice containing the names and addresses of the witnesses who the state proposes to examine
in order to contradict or rebut the defendant's claim.
(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the
opposing party to a continuance to allow for preparation. If the court finds that a party's failure to
comply is the result of bad faith, it may impose appropriate sanctions.

- 2 -