Statutes: Utah

(1)(a) As used in this section:

(i) “Cohabitant” means the same as that term is defined in Section 78B-7-102.

(ii) “Criminal homicide offense” means an offense listed in Subsection 76-5-201(2).

(iii) “Domestic violence” means the same as that term is defined in Section 77-36-1.

(iv) “In the presence of a child” means:

(A) in the physical presence of a child; or

(B) having knowledge that a child is present and may see or hear an act of domestic violence.

(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:

(a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;

(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; or

(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.

(3)(a) A violation of Subsection (2)(a) or (b) is a third degree felony.

(b) A violation of Subsection (2)(c) 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.

(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.