Utah statute

Utah Code Ann. § 76-5-114 — Commission of domestic violence in the presence of a child.

Current through 2026 General Session

Part of Part 1: Assault and Related Offenses, Utah Code.

Criminal charges under this statute

Commission of domestic violence in the presence of a child

Full text of Utah Code Ann. § 76-5-114

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-5-114Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Cohabitant" means the same as that term is defined in Section 78B-7-102. (1)(a)(ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2). (1)(a)(iii) "Domestic violence" means the same as that term is defined in Section 77-36-1. (1)(a)(iv) "In the presence of a child" means: (1)(a)(iv)(A) in the physical presence of a child; or (1)(a)(iv)(B) having knowledge that a child is present and may see or hear an act of domestic violence. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits domestic violence in the presence of a child if the actor: (2)(a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child; (2)(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; (2)(c) intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor's use of unlawful force or violence by applying pressure to the neck or throat of an individual or obstructing the nose, mouth, or airway of an individual, in the presence of a child; or (2)(d) under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), commits an act of domestic violence in the presence of a child. (3)(a) A violation of Subsection (2)(a), (2)(b), or (2)(c) is a third degree felony. (3)(b) A violation of Subsection (2)(d) is a class B misdemeanor. (4)(a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant. (4)(b) Either or both charges may be filed by the prosecutor. (5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.