H.B. 299

1

CRIMINAL NONSUPPORT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Mary Carlson
5 AN ACT RELATING TO CRIMINAL CODE; MODIFYING CRIME OF CRIMINAL
6 NONSUPPORT TO INCLUDE A PERSON WHO DOES NOT PAY COURT-ORDERED
7 SUPPORT; EXPANDING THE BASIS FOR ENHANCEMENT OF THE OFFENSE TO A
8 THIRD DEGREE FELONY; AND CLARIFYING THAT IT IS NO DEFENSE THAT THE
9 PERSON TO BE SUPPORTED IS NOT NEEDY BECAUSE THAT PERSON IS RECEIVING
10 SUPPORT FROM ANOTHER SOURCE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 76-7-201, as last amended by Chapter 289, Laws of Utah 1995
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-7-201 is amended to read:
16 76-7-201. Criminal nonsupport.
17 (1) (a) A person commits criminal nonsupport if, having a spouse, a child, or children
18 under the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or
19 children:
20 (i) that is ordered by a court; or
21 (ii) when any one of them is in needy circumstances.
22 (b) In a prosecution under Subsection (1)(a)(ii), it is no defense that the person to be
23 supported received necessary support from a source other than the defendant.
24 (2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
25 (3) Criminal nonsupport is a felony of the third degree if the actor:
26 (a) has been convicted one or more times of nonsupport, whether in this state, any other
27 state, or any court of the United States; [or]

1 (b) committed the offense while residing [in another state] outside of Utah; or
2 (c) failed to pay court-ordered child or spousal support amounting to $5,000 or more.
3 (4) For purposes of this section "child" includes a child born out of wedlock whose
4 paternity has been admitted by the actor or has been established in a civil suit.
5 [(5) In a prosecution under this section, it is no defense that the person to be supported
6 received necessary support from a source other than the defendant.]
7 [(6)] (5) (a) In a prosecution for criminal nonsupport under this section, it is an affirmative
8 defense that the accused is unable to provide support. Voluntary unemployment or
9 underemployment by the defendant does not give rise to that defense.
10 (b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting
11 attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide
12 support. The notice shall specifically identify the factual basis for the defense and the names and
13 addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
14 (c) Not more than ten days after receipt of the notice described in Subsection (b), or at
15 such other time as the court may direct, the prosecuting attorney shall file and serve the defendant
16 with a notice containing the names and addresses of the witnesses who the state proposes to
17 examine in order to contradict or rebut the defendant's claim.
18 (d) Failure to comply with the requirements of Subsection (b) or (c) entitles the opposing
19 party to a continuance to allow for preparation. If the court finds that a party's failure to comply
20 is the result of bad faith, it may impose appropriate sanctions.




Legislative Review Note
as of 1-30-97 3:01 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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