Title 77 - Utah Code of Criminal Procedure - Chapter 36 - Cohabitant Abuse Procedures Act - Section 1 - Definitions. (Effective 7/1/2020)


Published: 2020-07-01

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Effective 7/1/2020 Superseded 5/5/2021 77-36-1 Definitions.

As used in this chapter: (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102. (2) "Department" means the Department of Public Safety. (3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce. (4) "Domestic violence" or "domestic violence offense" means any criminal offense involving

violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another. "Domestic violence" or "domestic violence offense" includes commission or attempt to commit, any of the following offenses by one cohabitant against another:

(a) aggravated assault, as described in Section 76-5-103; (b) aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to

harass or threaten the other cohabitant; (c) assault, as described in Section 76-5-102; (d) criminal homicide, as described in Section 76-5-201; (e) harassment, as described in Section 76-5-106; (f) electronic communication harassment, as described in Section 76-9-201; (g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301,

76-5-301.1, and 76-5-302; (h) mayhem, as described in Section 76-5-105; (i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and Section

76-5b-201, Sexual exploitation of a minor -- Offenses; (j) stalking, as described in Section 76-5-106.5; (k) unlawful detention or unlawful detention of a minor, as described in Section 76-5-304; (l) violation of a protective order or ex parte protective order, as described in Section 76-5-108; (m) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction,

Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;

(n) possession of a deadly weapon with criminal intent, as described in Section 76-10-507; (o) discharge of a firearm from a vehicle, near a highway, or in the direction of any person,

building, or vehicle, as described in Section 76-10-508; (p) disorderly conduct, as defined in Section 76-9-102, if a conviction of disorderly conduct is

the result of a plea agreement in which the defendant was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;

(q) child abuse, as described in Section 76-5-109.1; (r) threatening use of a dangerous weapon, as described in Section 76-10-506; (s) threatening violence, as described in Section 76-5-107; (t) tampering with a witness, as described in Section 76-8-508; (u) retaliation against a witness or victim, as described in Section 76-8-508.3; (v) unlawful distribution of an intimate image, as described in Section 76-5b-203; (w) sexual battery, as described in Section 76-9-702.1; (x) voyeurism, as described in Section 76-9-702.7;

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(y) damage to or interruption of a communication device, as described in Section 76-6-108; or (z) an offense described in Subsection 78B-7-806(1).

(5) "Jail release agreement" means the same as that term is defined in Section 78B-7-801. (6) "Jail release court order" means the same as that term is defined in Section 78B-7-801. (7) "Marital status" means married and living together, divorced, separated, or not married. (8) "Married and living together" means a couple whose marriage was solemnized under Section

30-1-4 or 30-1-6 and who are living in the same residence. (9) "Not married" means any living arrangement other than married and living together, divorced, or

separated. (10) "Protective order" includes an order issued under Subsection 78B-7-804(3). (11) "Pretrial protective order" means a written order:

(a) specifying and limiting the contact a person who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and

(b) specifying other conditions of release under Sections 78B-7-802 or 78B-7-803, pending trial in the criminal case.

(12) "Sentencing protective order" means a written order of the court as part of sentencing in a domestic violence case that limits the contact a person who has been convicted of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.

(13) "Separated" means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence.

(14) "Victim" means a cohabitant who has been subjected to domestic violence.