76-5-114. Commission of domestic violence in the presence of a child.
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Effective 9/1/2025
76-5-114. Commission of domestic violence in the presence of a child.
(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;
(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
(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.
(a)A violation of Subsection (2)(a) , (2)(b), or (2)(c) is a third degree felony.
(b)A violation of Subsection (2)(d) is a class B misdemeanor.
(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.
Amended by Chapter 243 , 2025 General Session