Utah criminal charge
Commission of domestic violence in the presence of a child in Utah
Commission of domestic violence in the presence of a child is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-114. 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. § 76-5-114.
What is the penalty for commission of domestic violence in the presence of a child in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation — Applies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child.; 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 $5,000 (Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation — Applies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 6 months (Domestic violence in presence of child — general act — Applies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d).) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Domestic violence in presence of child — general act — Applies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is commission of domestic violence in the presence of a child classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation | Third Degree Felony | Applies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child. | Utah Code Ann. § 76-5-114(3)(a) |
| Domestic violence in presence of child — general act | Class B Misdemeanor | Applies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d). | Utah Code Ann. § 76-5-114(3)(b) |
Common questions about commission of domestic violence in the presence of a child in Utah
Is commission of domestic violence in the presence of a child a felony or a misdemeanor in Utah?
It depends on the circumstances: commission of domestic violence in the presence of a child ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-114.
Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation: Third Degree Felony (Utah Code Ann. § 76-5-114(3)(a)) · Domestic violence in presence of child — general act: Class B Misdemeanor (Utah Code Ann. § 76-5-114(3)(b))
What are the penalties for commission of domestic violence in the presence of a child in Utah?
Penalties for commission of domestic violence in the presence of a child in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers commission of domestic violence in the presence of a child?
Commission of domestic violence in the presence of a child is governed by Utah Code Ann. § 76-5-114 (Commission of domestic violence in the presence of a child).
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.