(1) As used in this section: (a) "Cohabitant" has the same meaning as defined in Section 78B-7-102. (b) "Domestic violence" has the same meaning as in Section 77-36-1. (c) "In the presence of a child" means: (i) in the physical presence of a child; or (ii) having knowledge that a child is present and may see or hear an act of domestic violence.
(a) "Cohabitant" has the same meaning as defined in Section 78B-7-102.
(b) "Domestic violence" has the same meaning as in Section 77-36-1.
(c) "In the presence of a child" means: (i) in the physical presence of a child; or (ii) having knowledge that a child is present and may see or hear an act of domestic violence.
(i) in the physical presence of a child; or
(ii) having knowledge that a child is present and may see or hear an act of domestic violence.
(2) A person commits domestic violence in the presence of a child if the person: (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a cohabitant in the presence of a child; or (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, as defined in Section 76-1-601, 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.
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a cohabitant in the presence of a child; or
(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon, as defined in Section 76-1-601, 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 person who violates Subsection (2)(a) or (b) is guilty of a third degree felony. (b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
(a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
(b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
(4) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence where the victim is the cohabitant. Either or both charges may be filed by the prosecutor.
(5) A person 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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.