H.B. 240 Enrolled

DOMESTIC VIOLENCE DEFINITION AMENDMENT
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow
AN ACT RELATING TO COHABITANT ABUSE PROCEDURES ACT; INCLUDING THE
CRIME OF DISORDERLY CONDUCT WITHIN THE DEFINITION OF DOMESTIC
VIOLENCE UNDER CERTAIN CONDITIONS; AND EXEMPTING SPECIFIED
CONVICTION FROM FEDERAL FIREARMS ACT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
77-36-1, as last amended by Chapter 79, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-36-1 is amended to read:
77-36-1. Definitions.
As used in this chapter:
(1) "Cohabitant" has the same meaning as in Section 30-6-1 .
(2) "Domestic violence" means any criminal offense involving violence or physical harm
or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a
criminal offense involving violence or physical harm, when committed by one cohabitant against
another. "Domestic violence" also means commission or attempt to commit, any of the following
offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 76-5-103 ;
(b) assault, as described in Section 76-5-102 ;
(c) criminal homicide, as described in Section 76-5-201 ;
(d) harassment, as described in Section 76-5-106 ;
(e) telephone harassment, as described in Section 76-9-201 ;
(f) kidnaping, child kidnaping, or aggravated [kidnapping] kidnaping, as described in
Sections 76-5-301 , 76-5-301.1 , and 76-5-302 ;
(g) mayhem, as described in Section 76-5-105 ;

(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, and Title 76, Chapter 5a;
(i) stalking, as described in Section 76-5-106.5 ;
(j) unlawful detention, as described in Section 76-5-304 ;
(k) violation of a protective order or ex parte protective order, as described in Section
76-5-108 ;
(l) any offense against property described in Title 76, Chapter 6, Part 1, 2, or 3;
(m) possession of a deadly weapon with intent to assault, as described in Section 76-10-507 ;
[or]
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any person,
building, or vehicle, as described in Section 76-10-508 [.]; or
(o) disorderly conduct, as defined in Section 76-9-102 , if a conviction of disorderly conduct
is the result of a plea agreement in which the defendant was originally charged with any of the
domestic violence offenses otherwise described in this Subsection (2). Conviction of disorderly
conduct as a domestic violence offense, in the manner described in this Subsection (2)(o), does not
constitute a misdemeanor crime of domestic violence under 18 U.S.C. Section 921, and is exempt
from the provisions of the federal Firearms Act, 18 U.S.C. Section 921 et seq.
(3) "Victim" means a cohabitant who has been subjected to domestic violence.

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