Utah criminal charge
Child abuse homicide in Utah
Child abuse homicide is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-208. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-208.
What is the penalty for child abuse homicide in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Child abuse homicide — reckless under 76-5-109.2(3)(b) — Applies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b).; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Child abuse homicide — reckless under 76-5-109.2(3)(b) — Applies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Child abuse homicide — criminal negligence or 76-5-109 based abuse — Applies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Child abuse homicide — criminal negligence or 76-5-109 based abuse — Applies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is child abuse homicide classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Child abuse homicide — reckless under 76-5-109.2(3)(b) | First Degree Felony | Applies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b). | Utah Code Ann. § 76-5-208(3)(a) |
| Child abuse homicide — criminal negligence or 76-5-109 based abuse | Second Degree Felony | Applies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c). | Utah Code Ann. § 76-5-208(3)(b) |
Common questions about child abuse homicide in Utah
Is child abuse homicide a felony or a misdemeanor in Utah?
It depends on the circumstances: child abuse homicide ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-208.
Child abuse homicide — reckless under 76-5-109.2(3)(b): First Degree Felony (Utah Code Ann. § 76-5-208(3)(a)) · Child abuse homicide — criminal negligence or 76-5-109 based abuse: Second Degree Felony (Utah Code Ann. § 76-5-208(3)(b))
What are the penalties for child abuse homicide in Utah?
Penalties for child abuse homicide in Utah depend on how it is classified — from a Second Degree Felony up to a First Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers child abuse homicide?
Child abuse homicide is governed by Utah Code Ann. § 76-5-208 (Child abuse homicide - Penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.