76-5-208. Child abuse homicide -- Penalties.
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Effective 3/23/2026
76-5-208. Child abuse homicide -- Penalties.
(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 .
(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:
(i)the actor causes the death of another individual who is younger than 18 years old; and
(ii)the individual's death results from child abuse; and
(i)the child abuse is done recklessly under Subsection 76-5-109.2(3)(b) ;
(ii)the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c) ; or
(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).
(a)A violation of Subsection
(2)under the circumstances described in Subsection (2)(b)(i) is a first degree felony.
(b)A violation of Subsection
(2)under the circumstances described in Subsection (2)(b)(ii) or
(iii)is a second degree felony.
Amended by Chapter 248 , 2026 General Session