H.B. 92 Enrolled

CHILD ABUSE PROTECTIONS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
James R. Gowans
Michael R. Styler
Duane Bourdeaux
A. Lamont Tyler
Blake D. Chard
Margaret Dayton
Perry Buckner
Mary Carlson
Bryan D. Holladay
Loretta Baca
David L. Zolman
Patrice Arent
Patricia B. Larson
Jordan Tanner
Trisha S. Beck
Dennis H. Iverson
John B. Arrington
Brad King
Brent H. Goodfellow
Sheryl L. Allen
Raymond W. Short
Judy Ann Buffmire
Nora B. Stephens
Robert H. M. Killpack
Daniel H. Tuttle
John E. Swallow
Susan J. Koehn
Beverly Ann Evans
Richard L. Walsh
Neal B. Hendrickson
Richard M. Siddoway
Dave Hogue
Eli H. Anderson

AN ACT RELATING TO THE CRIMINAL CODE; DEFINING THE CRIME OF CHILD
ABUSE; MAKING IT A CRIMINAL OFFENSE TO COMMIT A CRIME OF
DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD; LIMITING THE
DEFINITION OF COHABITANT; AND MAKING CONFORMING AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-6-1, as last amended by Chapter 244, Laws of Utah 1996
76-5-109, as last amended by Chapter 192, Laws of Utah 1992
76-5-110, as last amended by Chapter 77, Laws of Utah 1995
76-5-208, as enacted by Chapter 65, Laws of Utah 1994
ENACTS:
76-5-109.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-6-1 is amended to read:
30-6-1. Definitions.
As used in this chapter:
(1) "Abuse" means attempting to cause, or intentionally or knowingly causing to an adult

or minor physical harm or intentionally placing another in fear of imminent physical harm.
(2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who
is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party; or
(e) resides or has resided in the same residence as the other party.
(3) Notwithstanding Subsection (2), "cohabitant" does not include:
(a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(b) the relationship between natural, adoptive, step, or foster siblings who are under 18 years
of age.
(4) "Court clerk" means a district court clerk or juvenile court clerk.
(5) "Department" means the Department of Human Services.
(6) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(7) "Ex parte protective order" means an order issued without notice to the defendant in
accordance with this chapter.
(8) "Foreign protective order" means a protective order issued by another state, territory, or
possession of the United States, tribal lands of the United States, the Commonwealth of Puerto Rico,
or the District of Columbia shall be given full faith and credit in Utah, if the protective order is
similar to a protective order issued in compliance with Title 30, Chapter 6, Cohabitant Abuse Act,
or Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and includes the following requirements:
(a) the requirements of due process were met by the issuing court, including subject matter
and personal jurisdiction;
(b) the respondent received reasonable notice; and
(c) the respondent had an opportunity for a hearing regarding the protective order.
(9) "Law enforcement unit" or "law enforcement agency" means any public agency having
general police power and charged with making arrests in connection with enforcement of the

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criminal statutes and ordinances of this state or any political subdivision.
(10) "Peace officer" means those persons specified in Section 77-1a-1.
(11) "Protective order" means a restraining order issued pursuant to this chapter subsequent
to a hearing on the petition, of which the petitioner has given notice in accordance with this chapter.
Section 2. Section 76-5-109 is amended to read:
76-5-109. Child abuse.
(1) As used in this section:
(a) "Child" means a human being who is 17 years of age or less.
(b) "Child abuse" means any offense described in Subsection (2) or (3).
[(b)] (c) "Physical injury" means an injury to or condition of a child which impairs the
physical condition of the child, including:
(i) a bruise or other contusion of the skin;
(ii) a minor laceration or abrasion;
(iii) failure to thrive or malnutrition; or
(iv) any other condition which imperils the child's health or welfare and which is not a
serious physical injury as defined in [this section] Subsection (d).
[(c)] (d) "Serious physical injury" means any physical injury or set of injuries which
seriously impairs the child's health, or which involves physical torture or causes serious emotional
harm to the child, or which involves a substantial risk of death to the child, including:
(i) fracture of any bone or bones;
(ii) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
shaking, or causing the child's head to impact with an object or surface;
(iii) any burn, including burns inflicted by hot water, or those caused by placing a hot object
upon the skin or body of the child;
(iv) any injury caused by use of a deadly or dangerous weapon;
(v) any combination of two or more physical injuries inflicted by the same person, either at
the same time or on different occasions;
(vi) any damage to internal organs of the body;

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(vii) any conduct toward a child which results in severe emotional harm, severe
developmental delay or retardation, or severe impairment of the child's ability to function;
(viii) any injury which creates a permanent disfigurement or protracted loss or impairment
of the function of a bodily member, limb, or organ;
(ix) any conduct which causes a child to cease breathing, even if resuscitation is successful
following the conduct; or
(x) any conduct which results in starvation or failure to thrive or malnutrition that
jeopardizes the child's life.
(2) Any person who inflicts upon a child serious physical injury or, having the care or
custody of such child, causes or permits another to inflict serious physical injury upon a child is
guilty of an offense as follows:
(a) if done intentionally or knowingly, the offense is a felony of the second degree;
(b) if done recklessly, the offense is a felony of the third degree;
(c) if done with criminal negligence, the offense is a class A misdemeanor.
(3) Any person who inflicts upon a child physical injury or, having the care or custody of
such child, causes or permits another to inflict physical injury upon a child is guilty of an offense
as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; or
(c) if done with criminal negligence, the offense is a class C misdemeanor.
(4) Criminal actions under this section may be prosecuted in the county or district where the
offense is alleged to have been committed, where the existence of the offense is discovered, where
the victim resides, or where the defendant resides.
(5) A parent or legal guardian who provides a child with treatment by spiritual means alone
through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an
established church or religious denomination of which the parent or legal guardian is a member or
adherent shall not, for that reason alone, be deemed to have committed an offense under this section.
Section 3. Section 76-5-109.1 is enacted to read:

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76-5-109.1. Commission of domestic violence in the presence of a child.
(1) As used in this section:
(a) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(b) "In the presence of a child" means:
(i) in the physical presence of a child; or
(ii) having knowledge that a child is present and may see or hear an act of domestic violence.
(2) (a) A person is guilty of a third degree felony if he:
(i) commits criminal homicide, as defined in Section 76-5-201, against a cohabitant in the
presence of a child; or
(ii) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon,
as defined in Section 76-1-601, or other means or force likely to produce serious bodily injury
against a cohabitant, in the presence of a child.
(b) A person is guilty of a class A misdemeanor if he commits an act of domestic violence
in the presence of a child not amounting to a violation of Subsection (a), on two or more occasions.
Section 4. Section 76-5-110 is amended to read:
76-5-110. Abuse or neglect of disabled child.
(1) As used in this section:
(a) "Abuse" means:
(i) inflicting physical injury, as that term is defined in [Subsection] Section 76-5-109[(1)(b),
or];
(ii) having the care or custody of a disabled child, causing or permitting another to inflict
physical injury, as that term is defined in Section 76-5-109; or
(iii) unreasonable confinement.
(b) "Caretaker" means:
(i) any parent, legal guardian, or other person having under his care and custody a disabled
child; or
(ii) any person, corporation, or public institution that has assumed by contract or court order
the responsibility to provide food, shelter, clothing, medical, and other necessities to a disabled child.

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(c) "Disabled child" means any person under 18 years of age who is impaired because of
mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that he
is unable to care for his own personal safety or to provide necessities such as food, shelter, clothing,
and medical care.
(d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,
supervision, or medical care.
(2) Any caretaker who abuses or neglects a disabled child is guilty of a third degree felony.
(3) (a) A parent or legal guardian who provides a child with treatment by spiritual means
alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an
established church or religious denomination of which the parent or legal guardian is a member or
adherent shall not, for that reason alone, be considered to be in violation under this section.
(b) The exception under Subsection (3)(a) shall not preclude a court from ordering medical
services from a physician licensed to engage in the practice of medicine to be provided to the child
where there is substantial risk of harm to the child's health or welfare.
Section 5. Section 76-5-208 is amended to read:
76-5-208. Child abuse homicide.
(1) Criminal homicide constitutes child abuse homicide if the actor causes the death of a
person under 17 years of age and the death results from child abuse, as defined in Subsection
76-5-109(1):
(a) if done recklessly as provided in Subsection 76-5-109(2)(b);
(b) if done with criminal negligence as provided in Subsection 76-5-109(2)(c); or
(c) if done with the mental culpability as provided in Subsection 76-5-109(3)(a), (b), or (c).
(2) Child abuse homicide as [defined] described in Subsection (1)(a) is a second degree
felony.
(3) Child abuse homicide as [defined] described in Subsections (1)(b) and (c) is a third
degree felony.

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