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Assault Related: Child Abandonment


Child Abandonment: Domestic Violence Attorneys

Child Abandonment - Attorneys

Legal Definition:

Child abandonment is a crime where a parent or guardian gives up all interest and claims over a child with no intention of ever resuming them.

Child Abandonment

Utah Code §76-5-109

Degree

Depending on the facts, child abandonment can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor, class B misdemeanor or class C misdemeanor.

Elements

A defendant commits 2nd degree felony child abandonment when they commit child abandonment, or encourages or causes another to commit child abandonment, or an enterprise that encourages, commands, or causes another to commit child abandonment and as a result of the child abandonment: the child suffers a serious physical injury; or the person or enterprise receives, directly or indirectly, and benefit.

A defendant commits 3rd degree felony child abandonment when they commit child abandonment; encourage or cause another to commit child abandonment; or employ an enterprise that encourages, commands, or causes another to commit child abandonment.

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Additional Penalty for Child Abandonment

In addition to any other penalty the court may order the person or enterprise to pay the costs of investigating and prosecuting the offense and the costs of securing any forfeiture.

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony or 3rd degree felony child abandonment must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of child abandonment may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Child Abandonment. If you have any questions, please feel free to call our office at (801) 505-1586.

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