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Utah statute

Utah Code Ann. § 76-5-208 — Child abuse homicide - Penalties.

Current through 2026 General Session

Part of Part 2: Criminal Homicide, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-5-208

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. § 76-5-208Primary source, current through the 2026 General Session
(1)(a) As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, or 76-5-114. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if: (2)(a)(i) the actor causes the death of another individual who is younger than 18 years old; and (2)(a)(ii) the individual's death results from child abuse; and (2)(b)(i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b); (2)(b)(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or (2)(b)(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c). (3)(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony. (3)(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Utah statute covers child abuse homicide?

Child abuse homicide is governed by Utah Code Ann. § 76-5-208 (Child abuse homicide - Penalties).

This reference is informational and is not legal advice.