76-5-109.1 - Commission of domestic violence in the presence of a child.
76-5-109.1. Commission of domestic violence in the presence of a child.
(1) As used in this section:
(a) "Cohabitant" has the same meaning as defined in Section 78B-7-102.
(b) "Domestic violence" has the same meaning as in Section 77-36-1.
(c) "In the presence of a child" means:
(i) in the physical presence of a child; or
(ii) having knowledge that a child is present and may see or hear an act of domesticviolence.
(2) A person commits domestic violence in the presence of a child if the person:
(a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,against a cohabitant in the presence of a child; or
(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon,as defined in Section 76-1-601, or other means or force likely to produce death or serious bodilyinjury against a cohabitant, in the presence of a child; or
(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),commits an act of domestic violence in the presence of a child.
(3) (a) A person who violates Subsection (2)(a) or (b) is guilty of a third degree felony.
(b) A person who violates Subsection (2)(c) is guilty of a class B misdemeanor.
(4) A charge under this section is separate and distinct from, and is in addition to, acharge of domestic violence where the victim is the cohabitant. Either or both charges may befiled by the prosecutor.
(5) A person who commits a violation of this section when more than one child is presentis guilty of one offense of domestic violence in the presence of a child regarding each childpresent when the violation occurred.
Amended by Chapter 70, 2009 General Session