77-36-1. Definitions.
As used in this chapter:
(1) "Cohabitant" has the same meaning as in Section 78B-7-102.
(2) "Department" means the Department of Public Safety.
(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
3, Divorce.
(4) "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) electronic communication harassment, as described in Section 76-9-201;
(f) kidnapping, child kidnapping, or aggravated kidnapping, 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, Sexual Offenses, and Title
76, Chapter 5a, Sexual Exploitation of Children;
(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, Property
Destruction, 2, Burglary and Criminal Trespass, or 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section
76-10-507;
(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;
(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.; or
(p) child abuse as described in Section 76-5-109.1.
(5) "Marital status" means married and living together, divorced, separated, or not
married.
(6) "Married and living together" means a man and a woman whose marriage was
solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.
(7) "Not married" means any living arrangement other than married and living together,
divorced, or separated.
(8) "Separated" means a man and a woman who have had their marriage solemnized
under Section 30-1-4 or 30-1-6 and who are not living in the same residence.
(9) "Victim" means a cohabitant who has been subjected to domestic violence.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 375, 2008 General Session
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Last revised: Thursday, May 28, 2009