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.
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.
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)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
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.
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))
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))
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))
Learn more about crimes related to Child Abandonment. If you have any questions, please feel free to call our office at (801) 505-1586.