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Utah criminal charge

Commission of domestic violence in the presence of a child in Utah

Current through 2026 Utah legislative session

Commission of domestic violence in the presence of a child is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-114. 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. § 76-5-114.

What is the penalty for commission of domestic violence in the presence of a child in Utah?

Penalties for Commission of domestic violence in the presence of a child
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation — Applies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child.; 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 $5,000 (Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation — Applies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonup to 6 months (Domestic violence in presence of child — general act — Applies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d).)discretionaryUtah Code Ann. § 76-3-204
Fineup to $1,000 (Domestic violence in presence of child — general act — Applies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204

Applies to current (2026 General Session).

How is commission of domestic violence in the presence of a child classified in Utah?

The classification depends on the circumstances:

Classification variants for Commission of domestic violence in the presence of a child
VariantClassificationWhen it appliesStatute
Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulationThird Degree FelonyApplies when the actor's conduct violates Subsection (2)(a), (2)(b), or (2)(c), involving commission/attempt of a criminal homicide offense, causing serious bodily injury or use of a dangerous weapon or deadly force, or impeding breathing/circulation, against a cohabitant in the presence of a child.Utah Code Ann. § 76-5-114(3)(a)
Domestic violence in presence of child — general actClass B MisdemeanorApplies when the actor commits an act of domestic violence in the presence of a child under circumstances not amounting to a violation of Subsection (2)(a), (2)(b), or (2)(c), as described in Subsection (2)(d).Utah Code Ann. § 76-5-114(3)(b)

Common questions about commission of domestic violence in the presence of a child in Utah

Is commission of domestic violence in the presence of a child a felony or a misdemeanor in Utah?

It depends on the circumstances: commission of domestic violence in the presence of a child ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-114.

Domestic violence in presence of child — criminal homicide offense, serious bodily injury/dangerous weapon, or impeding breathing/circulation: Third Degree Felony (Utah Code Ann. § 76-5-114(3)(a)) · Domestic violence in presence of child — general act: Class B Misdemeanor (Utah Code Ann. § 76-5-114(3)(b))

What are the penalties for commission of domestic violence in the presence of a child in Utah?

Penalties for commission of domestic violence in the presence of a child in Utah depend on how it is classified — from a Class B Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.

Which Utah statute covers commission of domestic violence in the presence of a child?

Commission of domestic violence in the presence of a child is governed by Utah Code Ann. § 76-5-114 (Commission of domestic violence in the presence of a child).

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.