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5
76-5-208
HB0138
SB0032
76-5-208 (05/06/26)
0
Child Abuse Homicide Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Daniel McCay
LONG TITLE
General Description:
This bill addresses the offense of child abuse homicide.
Highlighted Provisions:
This bill:
clarifies that an actor can be charged under the criminal offense of child abuse homicide if
the child dies by suicide after being subjected to child abuse or child torture and the
suicide is a direct or proximate result of the abuse or torture;
corrects an error in the child abuse homicide offense's penalty subsection;
adds a coordination clause to merge the changes to Section 76-5-208 if both this bill and
S.B. 32, Child Abuse Homicide Corrections, pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-5-208
, as last amended by Laws of Utah 2025, Chapter 284
Utah Code Sections Affected by Coordination Clause:
76-5-208 (05/06/26)
, as last amended by Laws of Utah 2025, Chapter 284
Be it enacted by the Legislature of the state of Utah:
The following section is affected by a coordination clause at the end of this bill.
Section 1. Section
76-5-208
is amended to read:
76-5-208
. Child abuse homicide.
(1)
(a)
As used in this section, "child abuse" means an offense described in Section
76-5-109
,
76-5-109.2
,
76-5-109.3
,
76-5-109.4
, or
76-5-114
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
Unless a violation amounts to aggravated murder as described in Section
76-5-202
, an
actor commits child abuse homicide if:
(a)
(i)
the actor causes the death of another individual who is younger than 18 years
old; and
(ii)
the individual's death results from child abuse; and
(b)
(i)
the child abuse is based on a violation of Section
76-5-109.4
, Child Torture;
(ii)
the child abuse is done recklessly under Subsection
76-5-109.2(3)(b)
;
(iii)
the child abuse is done with criminal negligence under Subsection
76-5-109.2(3)(c)
; or
(iv)
under circumstances not amounting to the type of child abuse homicide described
in Subsection
(2)(b)(i)
, the child abuse is done intentionally, knowingly,
recklessly, or with criminal negligence, under Subsection
76-5-109(3)(a)
,
(b)
, or
(c)
.
(3)
(a)
A violation of Subsection
(2)
under the circumstances described in Subsection
(2)(b)(i)
or (ii)
is a first degree felony.
(b)
A violation of Subsection
(2)
under the circumstances described in Subsection
(2)(b)(ii)
or (iii)
(2)(b)(iii)
or (iv)
is a second degree felony.
(4)
An individual's death under Subsection
(2)
includes an individual's suicide if the suicide
was a direct or proximate result of the actor's conduct described in Subsection
(2)(b)
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 3.
Coordinating H.B. 138 with S.B. 32.
If H.B. 138, Child Abuse Homicide Amendments, and S.B. 32, Child Abuse Homicide
Corrections, both pass and become law, the Legislature intends that, on May 6, 2026, Section
76-5-208 be amended to read
:
"
(1)(a) As used in this section, "child abuse" means an offense described in Section
76-5-109, 76-5-109.2, 76-5-109.3,
76-5-109.4,
or 76-5-114.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an
actor commits child abuse homicide if:
(a)(i) the actor causes the death of another individual who is younger than 18 years old; and
(ii) the individual's death results from child abuse; and
(b)
(i) the child abuse is based on a violation of Section 76-5-109.4, Child Torture;
(ii)
(i)
the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
(iii)
(ii)
the child abuse is done with criminal negligence under Subsection
76-5-109.2(3)(c); or
(iv)
(iii)
under circumstances not amounting to the type of child abuse homicide described
in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with
criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
(3)(a) A violation of Subsection (2) under the circumstances described in Subsection
(2)(b)(i) is a first degree felony.
(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii)
or (iii) is a second degree felony.
(4) An individual's death under Subsection (2) includes an individual's suicide if the suicide
was a direct or proximate result of the actor's conduct described in Subsection (2)(b).".
1-22-26 12:18 PM