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7 LONG TITLE
8 General Description:
9 This bill relates to the offense of commission of domestic violence in the presence of a
10 child.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ increases the penalty for the offense of commission of domestic violence in the
15 presence of a child;
16 ▸ modifies the circumstances under which the offense of commission of domestic
17 violence in the presence of a child is subject to a penalty enhancement; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-5-109.1, as last amended by Laws of Utah 2009, Chapter 70
26 77-36-1.1, as last amended by Laws of Utah 2019, Chapter 367
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-5-109.1 is amended to read:
30 76-5-109.1. Commission of domestic violence in the presence of a child.
31 (1) As used in this section:
32 (a) "Cohabitant" has the same meaning as defined in Section 78B-7-102.
33 (b) "Domestic violence" has the same meaning as in Section 77-36-1.
34 (c) "In the presence of a child" means:
35 (i) in the physical presence of a child; or
36 (ii) having knowledge that a child is present and may see or hear an act of domestic
37 violence.
38 (2) [
39 the [
40 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,
41 against a cohabitant in the presence of a child; or
42 (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
43 weapon, as defined in Section 76-1-601, or other means or force likely to produce death or
44 serious bodily injury against a cohabitant, in the presence of a child; or
45 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
46 commits an act of domestic violence in the presence of a child.
47 (3) (a) [
48 third degree felony.
49 (b) [
50 misdemeanor.
51 (4) A charge under this section is separate and distinct from, and is in addition to, a
52 charge of domestic violence where the victim is the cohabitant. [
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54 (5) [
55 one child is present is guilty of one offense of domestic violence in the presence of a child
56 regarding each child present when the violation occurred.
57 Section 2. Section 77-36-1.1 is amended to read:
58 77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
59 offenses.
60 (1) As used in this section:
61 (a) "Criminal mischief offense" means commission or an attempt to commit an offense
62 under Section 76-6-106 by one cohabitant against another.
63 (b) "Domestic violence in the presence of a child offense" means commission or an
64 attempt to commit an offense under Section 76-5-109.1.
65 [
66 (i) a domestic violence offense in Utah; or
67 (ii) an offense in any other state, or in any district, possession, or territory of the United
68 States, that would be a domestic violence offense under Utah law.
69 (2) An individual who is convicted of a domestic violence offense that is not a domestic
70 violence in the presence of a child offense is:
71 (a) guilty of a class B misdemeanor if:
72 (i) the domestic violence offense described in this Subsection (2) is designated by law
73 as a class C misdemeanor; and
74 (ii) (A) the domestic violence offense described in this Subsection (2) is committed
75 within 10 years after the individual is convicted of a qualifying domestic violence offense that
76 is not a criminal mischief offense; or
77 (B) the individual is convicted of the domestic violence offense described in this
78 Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
79 violence offense that is not a criminal mischief offense;
80 (b) guilty of a class A misdemeanor if:
81 (i) the domestic violence offense described in this Subsection (2) is designated by law
82 as a class B misdemeanor; and
83 (ii) (A) the domestic violence offense described in this Subsection (2) is committed
84 within 10 years after the individual is convicted of a qualifying domestic violence offense that
85 is not a criminal mischief offense; or
86 (B) the individual is convicted of the domestic violence offense described in this
87 Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
88 violence offense that is not a criminal mischief offense; or
89 (c) guilty of a felony of the third degree if:
90 (i) the domestic violence offense described in this Subsection (2) is designated by law
91 as a class A misdemeanor; and
92 (ii) (A) the domestic violence offense described in this Subsection (2) is committed
93 within 10 years after the individual is convicted of a qualifying domestic violence offense that
94 is not a criminal mischief offense; or
95 (B) the individual is convicted of the domestic violence offense described in this
96 Subsection (2) within 10 years after the individual is convicted of a qualifying domestic
97 violence offense that is not a criminal mischief offense.
98 (3) An individual who is convicted of a domestic violence offense that is not a
99 domestic violence in the presence of a child offense is:
100 (a) guilty of a class B misdemeanor if:
101 (i) the domestic violence offense described in this Subsection (3) is designated by law
102 as a class C misdemeanor; and
103 (ii) (A) the domestic violence offense described in this Subsection (3) is committed
104 within five years after the individual is convicted of a criminal mischief offense; or
105 (B) the individual is convicted of the domestic violence offense described in
106 this Subsection (3) within five years after the individual is convicted of a criminal
107 mischief offense;
108 (b) guilty of a class A misdemeanor if:
109 (i) the domestic violence offense described in this Subsection (3) is designated by law
110 as a class B misdemeanor; and
111 (ii) (A) the domestic violence offense described in this Subsection (3) is committed
112 within five years after the individual is convicted of a criminal mischief offense; or
113 (B) the individual is convicted of the domestic violence offense described in
114 this Subsection (3) within five years after the individual is convicted of a criminal
115 mischief offense; or
116 (c) guilty of a third degree felony if:
117 (i) the domestic violence offense described in this Subsection (3) is designated by law
118 as a class A misdemeanor; and
119 (ii) (A) the domestic violence offense described in this Subsection (3) is committed
120 within five years after the individual is convicted of a criminal mischief offense; or
121 (B) the individual is convicted of the domestic violence offense described in this
122 Subsection (3) within five years after the individual is convicted of a criminal mischief offense.