Degree

Depending on the facts, domestic violence in the presence of a child can be charged as a 3^rd degree felony or a class B misdemeanor.

Elements

A defendant commits a 3^rd degree felony domestic violence in the presence of a child when they commit domestic violence in the presence of a child if the defendant commits or attempts to commit criminal homicide, against a cohabitant in the presence of a child.
(Utah Code Ann. §77-36-102, §76-5-109.1(2)(a), §78B-7-102)

A defendant commits a 3^rd degree felony domestic violence in the presence of a child when they intentionally cause serious bodily injury to a cohabitant or use a dangerous weapon or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child.

A defendant commits a class B misdemeanor domestic violence in the presence of a child when, under circumstances not amounting to a 3^rd degree felony domestic violence in the presence of a child, commits an act of domestic violence in the presence of a child.

Fine

3^rd 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 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)

Restitution

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

Imprisonment

3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class B misdemeanor: A term of imprisonment not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

DNA Specimen Analysis

A defendant convicted of a 3^rd degree felony domestic violence in the presence of a child must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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

Note

A charge of domestic violence in the presence of a child is separate and distinct from - and is in addition to - a charge of domestic violence where the victim is a cohabitant. Either or both charges may be filed by the prosecutor.

A defendant who commits a violation of domestic violence in the presence of a child when more than one child is present, is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurs.
(Utah Code Ann. §76-5-109.1(4))