76-5-109. Child abuse.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section:

(i)"Child" means an individual who is younger than 18 years old.

(ii)"Injury" means a physical or psychological injury to or condition of a child which impairs the physical or psychological condition of the child, including:

(A)a bruise or other contusion of the skin;

(B)a minor laceration or abrasion;

(C)failure to thrive or malnutrition; or

(D)any other condition that imperils the child's physical or psychological health or welfare and that is not a serious injury.

(iii)"Psychological injury" means an identifiable mental or emotional harm, damage, impairment, or dysfunction.

(A)"Serious injury" means an injury or set of injuries that:

(I)seriously impairs the child's health, which includes the child's physical or mental well-being or development;

(II)causes serious emotional harm to the child; or

(III)involves a substantial risk of death to the child.

(B)"Serious injury" includes:

(I)fracture of any bone or bones;

(II)intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child's head to impact with an object or surface;

(III)any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child;

(IV)any injury caused by use of a dangerous weapon;

(V)any combination of two or more injuries inflicted by the same individual, either at the same time or on different occasions;

(VI)any damage to internal organs of the body;

(VII)any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function;

(VIII)any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ;

(IX)any impediment of the breathing or the circulation of blood by application of pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to produce a loss of consciousness;

(X)any conduct involving unreasonable forcible restriction of a child's movements, including restraining or confining the child with restraints or in an enclosed space or forcing the child to remain in a stress position;

(XI)any conduct involving forcing or coercing a child to injure the child's self, an individual known to the child, or an animal known to the child;

(XII)any conduct involving a threat to harm or kill the child, an individual known to the child, or an animal known to the child;

(XIII)any conduct involving unreasonably subjecting a child to excessive heat, cold, darkness, solitary confinement, or sleep deprivation;

(XIV)any conduct that results in starvation, dehydration, failure to thrive, or malnutrition, that jeopardizes the child's life or seriously injures the child's physical or mental well-being or development; or

(XV)unconsciousness caused by the unlawful infliction of a brain injury or unlawfully causing any deprivation of oxygen to the brain.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits child abuse if the actor:

(a)inflicts upon a child an injury; or

(b)having the care or custody of a child, causes or permits another to inflict an injury upon the child.

(a)A violation of Subsection

(2)is a class A misdemeanor if done intentionally or knowingly.

(b)A violation of Subsection

(2)is a class B misdemeanor if done recklessly.

(c)A violation of Subsection

(2)is a class C misdemeanor if done with criminal negligence.

(a)A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to have committed an offense under this section.

(b)A parent or guardian of a child does not violate this section by selecting a treatment option for a medical condition of the child, if the treatment option is one that a reasonable parent or guardian would believe to be in the best interest of the child.

(c)An actor is not guilty of an offense under this section for conduct that constitutes:

(i)reasonable discipline or management of a child, including withholding privileges;

(ii)conduct described in Section 76-2-401 ; or

(iii)the use of reasonable and necessary physical restraint or force on a child:

(A)in self-defense;

(B)in defense of others;

(C)to protect the child; or

(D)to remove a weapon in the possession of a child for any of the reasons described in Subsections (4)(c)(iii)(A) through

(C).

Amended by Chapter 284 , 2025 General Session