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Assault Related: Child Abuse Homicide


Child Abuse Homicide: Attorneys

Child Abuse Homicide - Attorneys

Legal Definition:

Child Abuse Homicide is the commission or attempt to commit assault by one cohabitant against another.

Child Abuse Homicide

Utah Code §76-5-208

Degree

Depending on the facts, child abuse homicide can be charged as a 1st or 2nd degree Felony.

Elements

A defendant commits a 1st degree felony child abuse homicide if under circumstances not amounting to aggravated murder, the defendant recklessly causes the death of a person under 18 years of age and the death results from child abuse1.
1(Utah Code Ann. §76-5-109)

A defendant commits a 2nd degree felony child abuse homicide if under circumstances not amounting to aggravated murder, the defendant with criminal negligence causes the death of a person under 18 years of age and the death results from child abuse.

A defendant commits a 2nd degree felony child abuse homicide if under circumstances not amounting to aggravated murder, the defendant causes the death of a person under 18 years of age and the death results from child abuse. And, the circumstances do not amount to a 1st degree felony and the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence.

Fine

1st 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)
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)

Restitution

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

Imprisonment

1st degree felony: A term of imprisonment not less than 5 years and which may be for life.
(Utah Code Ann. §76-3-203(1))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

DNA Specimen Analysis

A defendant convicted of child abuse homicide must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of child abuse homicide may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)


Other Criminal Charges

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

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