H.B. 64

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CHILD ABUSE OFFENSE AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gary F. Cox
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE PROVISIONS
6 RELATING TO THE CRIME OF CHILD ABUSE AND THE CRIME OF COMMISSION OF
7 DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD; AND CLARIFYING
8 CRIMINAL PENALTIES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-5-109, as last amended by Chapters 289 and 303, Laws of Utah 1997
12 76-5-109.1, as enacted by Chapter 303, Laws of Utah 1997
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-5-109 is amended to read:
15 76-5-109. Child abuse.
16 (1) As used in this section:
17 (a) "Child" means a human being who is 17 years of age or less.
18 (b) "Child abuse" means any offense described in Subsection (2) or (3), or in Section
19 76-5-109.1.
20 (c) "Physical injury" means an injury to or condition of a child which impairs the physical
21 condition of the child, including:
22 (i) a bruise or other contusion of the skin;
23 (ii) a minor laceration or abrasion;
24 (iii) failure to thrive or malnutrition; or
25 (iv) any other condition which imperils the child's health or welfare and which is not a
26 serious physical injury as defined in Subsection (1)(d).
27 (d) "Serious physical injury" means any physical injury or set of injuries which seriously

1 impairs the child's health, or which involves physical torture or causes serious emotional harm to
2 the child, or which involves a substantial risk of death to the child, including:
3 (i) fracture of any bone or bones;
4 (ii) intracranial bleeding, swelling or contusion of the brain, whether caused by blows,
5 shaking, or causing the child's head to impact with an object or surface;
6 (iii) any burn, including burns inflicted by hot water, or those caused by placing a hot
7 object upon the skin or body of the child;
8 (iv) any injury caused by use of a dangerous weapon as defined in Section 76-1-601;
9 (v) any combination of two or more physical injuries inflicted by the same person, either
10 at the same time or on different occasions;
11 (vi) any damage to internal organs of the body;
12 (vii) any conduct toward a child which results in severe emotional harm, severe
13 developmental delay or retardation, or severe impairment of the child's ability to function;
14 (viii) any injury which creates a permanent disfigurement or protracted loss or impairment
15 of the function of a bodily member, limb, or organ;
16 (ix) any conduct which causes a child to cease breathing, even if resuscitation is successful
17 following the conduct; or
18 (x) any conduct which results in starvation or failure to thrive or malnutrition that
19 jeopardizes the child's life.
20 (2) Any person who inflicts upon a child serious physical injury or, having the care or
21 custody of such child, causes or permits another to inflict serious physical injury upon a child is
22 guilty of an offense as follows:
23 (a) if done intentionally or knowingly, the offense is a felony of the second degree;
24 (b) if done recklessly, the offense is a felony of the third degree; or
25 (c) if done with criminal negligence, the offense is a class A misdemeanor.
26 (3) Any person who inflicts upon a child physical injury or, having the care or custody of
27 such child, causes or permits another to inflict physical injury upon a child is guilty of an offense
28 as follows:
29 (a) if done intentionally or knowingly, the offense is a class A misdemeanor;
30 (b) if done recklessly, the offense is a class B misdemeanor; or
31 (c) if done with criminal negligence, the offense is a class C misdemeanor.

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1 (4) Criminal actions under this section may be prosecuted in the county or district where
2 the offense is alleged to have been committed, where the existence of the offense is discovered,
3 where the victim resides, or where the defendant resides.
4 (5) A parent or legal guardian who provides a child with treatment by spiritual means
5 alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of
6 an established church or religious denomination of which the parent or legal guardian is a member
7 or adherent shall not, for that reason alone, be deemed to have committed an offense under this
8 section.
9 Section 2. Section 76-5-109.1 is amended to read:
10 76-5-109.1. Commission of domestic violence in the presence of a child.
11 (1) As used in this section:
12 (a) "Domestic violence" means the same as that term is defined in Section 77-36-1.
13 (b) "In the presence of a child" means:
14 (i) in the physical presence of a child; or
15 (ii) having knowledge that a child is present and may see or hear an act of domestic
16 violence.
17 (2) [(a)] A person is guilty of [a third degree felony] child abuse if he:
18 [(i)] (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,
19 against a cohabitant in the presence of a child; or
20 [(ii)] (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
21 weapon, as defined in Section 76-1-601, or other means or force likely to produce death or serious
22 bodily injury against a cohabitant, in the presence of a child[. (b) A person is guilty of a class A
23 misdemeanor if he]; or
24 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits
25 an act of domestic violence in the presence of a child [not amounting to a violation of Subsection
26 (a), on two or more] after having committed:
27 (i) a violation of Subsection (2)(a) or (b) on one or more prior occasions; or
28 (ii) an act of domestic violence in the presence of a child, not amounting to a violation of
29 Subsection (2)(a) or (b), on one or more prior occasions.
30 (3) (a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
31 (b) A person who violates Subsection (2)(c) is guilty of a class A misdemeanor.

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Legislative Review Note
as of 1-7-98 3:42 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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