H.B. 62 Enrolled

1

PENALTIES FOR VIOLENT CRIME IN
2 PRESENCE OF A CHILD
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Janice M. Fisher
6 Senate Sponsor: Ross I. Romero
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code to provide a penalty for committing a violent
11 criminal offense in the presence of a child younger than 14 years of age.
12 Highlighted Provisions:
13 This bill:
14 . provides a class B misdemeanor penalty for a person who, while in the presence of
15 a child:
16 . commits or attempts to commit criminal homicide against a third party;
17 . intentionally causes or attempts to cause serious bodily injury to a third party or
18 uses a dangerous weapon or other means or force likely to produce death or
19 serious bodily injury against a third party; or
20 . commits or attempts to commit a violent criminal offense; and
21 . provides definitions.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:
28 76-3-203.10, Utah Code Annotated 1953
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 76-3-203.10 is enacted to read:
32 76-3-203.10. Violent offense committed in presence of a child -- Penalties.
33 (1) As used in this section:
34 (a) "In the presence of a child" means:
35 (i) in the physical presence of a child younger than 14 years of age; and
36 (ii) having knowledge that the child is present and may see or hear the commission of
37 a violent criminal offense.
38 (b) "Violent criminal offense" means any criminal offense involving violence or
39 physical harm or threat of violence or physical harm, or any attempt to commit a criminal
40 offense involving violence or physical harm that is not a domestic violence offense as defined
41 in Section 77-36-1 .
42 (2) A person commits a violent criminal offense in the presence of a child if the
43 person:
44 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201 ,
45 against a third party in the presence of a child;
46 (b) intentionally causes or attempts to cause serious bodily injury to a third party or
47 uses a dangerous weapon, as defined in Section 76-1-601 , or other means or force likely to
48 produce death or serious bodily injury, against a third party in the presence of a child; or
49 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
50 commits a violent criminal offense in the presence of a child.
51 (3) A person who violates Subsection (2) is guilty of a class B misdemeanor.