Utah criminal charge
Child abandonment in Utah
Child abandonment is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-109.3. 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. § 76-5-109.3.
What is the penalty for child abandonment in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Child abandonment — base offense — A violation of Subsection (2) (child abandonment by a parent/legal guardian, a person encouraging such violation, or an enterprise) is classified as this offense level by default.; 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 (Child abandonment — base offense — A violation of Subsection (2) (child abandonment by a parent/legal guardian, a person encouraging such violation, or an enterprise) is classified as this offense level by default.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Child abandonment — resulting in serious injury or benefit received — A violation of Subsection (2) is elevated to this level if the child suffers a serious injury or the actor/enterprise receives, directly or indirectly, any benefit as a result of the abandonment.; 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 $10,000 (Child abandonment — resulting in serious injury or benefit received — A violation of Subsection (2) is elevated to this level if the child suffers a serious injury or the actor/enterprise receives, directly or indirectly, any benefit as a result of the abandonment.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is child abandonment classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Child abandonment — base offense | Third Degree Felony | A violation of Subsection (2) (child abandonment by a parent/legal guardian, a person encouraging such violation, or an enterprise) is classified as this offense level by default. | Utah Code Ann. § 76-5-109.3(3)(a)(i) |
| Child abandonment — resulting in serious injury or benefit received | Second Degree Felony | A violation of Subsection (2) is elevated to this level if the child suffers a serious injury or the actor/enterprise receives, directly or indirectly, any benefit as a result of the abandonment. | Utah Code Ann. § 76-5-109.3(3)(a)(ii) |
Common questions about child abandonment in Utah
Is child abandonment a felony or a misdemeanor in Utah?
It depends on the circumstances: child abandonment ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-109.3.
Child abandonment — base offense: Third Degree Felony (Utah Code Ann. § 76-5-109.3(3)(a)(i)) · Child abandonment — resulting in serious injury or benefit received: Second Degree Felony (Utah Code Ann. § 76-5-109.3(3)(a)(ii))
What are the penalties for child abandonment in Utah?
Penalties for child abandonment in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers child abandonment?
Child abandonment is governed by Utah Code Ann. § 76-5-109.3 (Child abandonment).
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.