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Utah criminal charge

Child abuse homicide in Utah

Current through 2026 Utah legislative session

Child abuse homicide is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-208. 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. § 76-5-208.

What is the penalty for child abuse homicide in Utah?

Penalties for Child abuse homicide
PenaltyRangeBasisAuthority
Jail / prisonChild abuse homicide — reckless under 76-5-109.2(3)(b) — Applies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b).; 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 ParolediscretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Child abuse homicide — reckless under 76-5-109.2(3)(b) — Applies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Child abuse homicide — criminal negligence or 76-5-109 based abuse — Applies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c).; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Child abuse homicide — criminal negligence or 76-5-109 based abuse — Applies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is child abuse homicide classified in Utah?

The classification depends on the circumstances:

Classification variants for Child abuse homicide
VariantClassificationWhen it appliesStatute
Child abuse homicide — reckless under 76-5-109.2(3)(b)First Degree FelonyApplies when the child abuse causing death is done recklessly under Subsection 76-5-109.2(3)(b).Utah Code Ann. § 76-5-208(3)(a)
Child abuse homicide — criminal negligence or 76-5-109 based abuseSecond Degree FelonyApplies when the child abuse causing death is done with criminal negligence under Subsection 76-5-109.2(3)(c), or is done intentionally, knowingly, recklessly, or with criminal negligence under Subsection 76-5-109(3)(a), (b), or (c).Utah Code Ann. § 76-5-208(3)(b)

Common questions about child abuse homicide in Utah

Is child abuse homicide a felony or a misdemeanor in Utah?

It depends on the circumstances: child abuse homicide ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-208.

Child abuse homicide — reckless under 76-5-109.2(3)(b): First Degree Felony (Utah Code Ann. § 76-5-208(3)(a)) · Child abuse homicide — criminal negligence or 76-5-109 based abuse: Second Degree Felony (Utah Code Ann. § 76-5-208(3)(b))

What are the penalties for child abuse homicide in Utah?

Penalties for child abuse homicide in Utah depend on how it is classified — from a Second Degree Felony up to a First 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 abuse homicide?

Child abuse homicide is governed by Utah Code Ann. § 76-5-208 (Child abuse homicide - Penalties).

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.