Depending on the facts, child abuse can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor, class B misdemeanor or class C misdemeanor.
A defendant commits a 2nd degree felony child abuse when they intentionally or knowingly inflict upon a child serious physical injury or, having the care or custody of such child, cause or permit another to inflict serious physical injury upon a child.
A defendant commits 3rd degree felony child abuse when they recklessly inflict upon a child serious physical injury or, having care or custody of such child, cause or permit another to inflict serious physical injury upon a child.
A defendant commits a class A misdemeanor child abuse when, with criminal negligence, they inflict upon a child serious physical injury or, having the care or custody of such child, cause or permit another to inflict serious physical injury upon a child.
A defendant commits a class A misdemeanor child abuse when they intentionally or knowingly inflict upon a child physical injury or, having the care or custody of such child, causes or permits another to inflict physical injury upon a child.
A defendant commits a class B misdemeanor child abuse when they recklessly inflict upon a child physical injury or, having the care or custody of such child, cause or permit another to inflict serious physical injury upon a child.
A defendant commits a class C misdemeanor child abuse when, with criminal negligence, they inflict upon a child physical injury or, having the care or custody of such child, cause or permit another to inflict serious physical injury upon a child.
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)
Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Class C misdemeanor: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), 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)
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))
Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Class C misdemeanor: A term in jail not to exceed 90 days.
(Utah Code Ann. §76-3-204(3))
A defendant convicted of a class A misdemeanor, 2nd degree felony or 3rd degree felony child abuse must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of child abuse 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 Abuse. If you have any questions, please feel free to call our office at (801) 505-1586.