Title 76 Chapter 5 Part 2 Section 208

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Index	Utah Code
Title 76	Utah Criminal Code
Chapter 5	Offenses Against the Individual
Part 2	Criminal Homicide
Section 208	Child abuse homicide -- Penalties. *(Effective 3/23/2026)*

Effective 3/23/2026
76-5-208. Child abuse homicide -- Penalties.

(1)

(a)	As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, or 76-5-114.

(b)	Terms defined in Section 76-1-101.5 apply to this section.

(2)

Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:

(a)

(i)	the actor causes the death of another individual who is younger than 18 years old; and

(ii)	the individual's death results from child abuse; and

(b)

(i)	the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);

(ii)	the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or

(iii)

under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).

(3)

(a)	A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.

(b)	A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.

Amended by Chapter 248, 2026 General Session

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