H.B. 275

1

DOMESTIC VIOLENCE IN PRESENCE OF A
2 CHILD AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kerry W. Gibson
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding the commission of an act of domestic
11 violence in the presence of one or more children.
12 Highlighted Provisions:
13 This bill:
14 . modifies the offense of committing domestic violence in the presence of a child to
15 provide that if more than one child is present, a separate offense is committed
16 regarding each child.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-5-109.1, as last amended by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-5-109.1 is amended to read:
27 76-5-109.1. Commission of domestic violence in the presence of a child.

28 (1) As used in this section:
29 (a) "Cohabitant" has the same meaning as defined in Section 78B-7-102 .
30 (b) "Domestic violence" has the same meaning as in Section 77-36-1 .
31 (c) "In the presence of a child" means:
32 (i) in the physical presence of a child; or
33 (ii) having knowledge that a child is present and may see or hear an act of domestic
34 violence.
35 (2) A person [is guilty of child abuse if the person] commits domestic violence in the
36 presence of a child if the person:
37 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201 ,
38 against a cohabitant in the presence of a child; or
39 (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
40 weapon, as defined in Section 76-1-601 , or other means or force likely to produce death or
41 serious bodily injury against a cohabitant, in the presence of a child; or
42 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
43 commits an act of domestic violence in the presence of a child.
44 (3) (a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
45 (b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
46 (4) A charge under this section is separate and distinct from, and is in addition to, a
47 charge of domestic violence where the victim is the cohabitant. Either or both charges may be
48 filed by the prosecutor.
49 (5) A person who commits a violation of this section when more than one child is
50 present is guilty of one offense of domestic violence in the presence of a child regarding each
51 child present when the violation occurred.




Legislative Review Note
as of 1-20-09 4:39 PM

Office of Legislative Research and General Counsel