Utah criminal charge
Aggravated child abuse in Utah
Aggravated child abuse is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-109.2. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-109.2.
What is the penalty for aggravated child abuse in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Aggravated child abuse - intentional or knowing — A violation of Subsection (2) is a first degree felony if done intentionally or knowingly.; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Aggravated child abuse - intentional or knowing — A violation of Subsection (2) is a first degree felony if done intentionally or knowingly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Aggravated child abuse - reckless — A violation of Subsection (2) is a third degree felony if done recklessly.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Aggravated child abuse - reckless — A violation of Subsection (2) is a third degree felony if done recklessly.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Aggravated child abuse - criminal negligence — A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Aggravated child abuse - criminal negligence — A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is aggravated child abuse classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated child abuse - intentional or knowing | First Degree Felony | A violation of Subsection (2) is a first degree felony if done intentionally or knowingly. | Utah Code Ann. § 76-5-109.2(3)(a) |
| Aggravated child abuse - reckless | Third Degree Felony | A violation of Subsection (2) is a third degree felony if done recklessly. | Utah Code Ann. § 76-5-109.2(3)(b) |
| Aggravated child abuse - criminal negligence | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence. | Utah Code Ann. § 76-5-109.2(3)(c) |
Common questions about aggravated child abuse in Utah
Is aggravated child abuse a felony or a misdemeanor in Utah?
It depends on the circumstances: aggravated child abuse ranges from a Class A Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-5-109.2.
Aggravated child abuse - intentional or knowing: First Degree Felony (Utah Code Ann. § 76-5-109.2(3)(a)) · Aggravated child abuse - reckless: Third Degree Felony (Utah Code Ann. § 76-5-109.2(3)(b)) · Aggravated child abuse - criminal negligence: Class A Misdemeanor (Utah Code Ann. § 76-5-109.2(3)(c))
What are the penalties for aggravated child abuse in Utah?
Which Utah statute covers aggravated child abuse?
Aggravated child abuse is governed by Utah Code Ann. § 76-5-109.2 (Aggravated child abuse).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.