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Utah statute

Utah Code Ann. § 76-8-318 — Assault against a child welfare worker or a family member of a child welfare worker.

Current through 2026 General Session

Part of Part 3: Obstructing Governmental Operations, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-8-318

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-8-318Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) "Assault" means an offense under Section 76-5-102. (1)(a)(ii) "Child welfare worker" means an employee of the Division of Child and Family Services created in Section 80-2-201. (1)(a)(iii) "Family member" means an individual's spouse, surviving spouse, parent, grandparent, sibling, child, or any other individual related to the individual by consanguinity or affinity to the second degree. (1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits assault against a child welfare worker or a family member of a child welfare worker if: (2)(a) the actor commits, or attempts to commit, an assault against a child welfare worker or a family member of a child welfare worker; (2)(b) the actor knows that the individual described in Subsection (2)(a) is a child welfare worker or a family member of a child welfare worker; and (2)(c) the assault, or attempted assault, described in Subsection (2)(a) is committed: (2)(c)(i) against a child welfare worker at the time the child welfare worker is acting within the scope of the child welfare worker's authority; or (2)(c)(ii) against a child welfare worker or a family member of the child welfare worker with the intent to: (2)(c)(ii)(A) impede, intimidate, or interfere with the performance of the child welfare worker's official duties; or (2)(c)(ii)(B) retaliate against the child welfare worker because of the performance of the child welfare worker's official duties. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (3)(b) A violation of Subsection (2) is a third degree felony if the actor: (3)(b)(i) causes substantial bodily injury; and (3)(b)(ii) acts intentionally or knowingly. (4) This section does not apply to an actor who is a minor in the custody of, or receiving services from, a division within the Department of Health and Human Services.

Official sources

Legal terms used in this section

Questions this section answers

Is assault against a child welfare worker or a family member of a child welfare worker a felony or a misdemeanor in Utah?

It depends on the circumstances: assault against a child welfare worker or a family member of a child welfare worker ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-8-318.

Assault against a child welfare worker or family member - base offense: Class A Misdemeanor (Utah Code Ann. § 76-8-318(3)(a)) · Assault against a child welfare worker or family member - substantial bodily injury: Third Degree Felony (Utah Code Ann. § 76-8-318(3)(b))

Which Utah statute covers assault against a child welfare worker or a family member of a child welfare worker?

Assault against a child welfare worker or a family member of a child welfare worker is governed by Utah Code Ann. § 76-8-318 (Assault against a child welfare worker or a family member of a child welfare worker).

This reference is informational and is not legal advice.