Utah § 76-3-203.9 - Violent offense committed in presence of a child -- Aggravating factor.

Full text of Utah Utah Code § 76-3-203.9 — Violent offense committed in presence of a child -- Aggravating factor., with citation guidance and answers to common questions.

§ 76-3-203.9. Violent offense committed in presence of a child -- Aggravating factor.

76-3-203.9.  Violent offense committed in presence of a child -- Aggravating factor.
(1) As used in this section:
(a) "In the presence of a child" means:
(i) in the physical presence of a child younger than 14 years of age; or
(ii) having knowledge that a child younger than 14 years of age is present and may see or hear a violent criminal offense.
(b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm.
(2) The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child.
(3) The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.
(4) This section does not affect or limit any individual's constitutional right to the lawful expression of free speech or other recognized rights secured by the Constitution or laws of Utah or by the Constitution or laws of the United States.
(5) This section does not affect or restrict the exercise of judicial discretion under any other provision of Utah law.


Enacted by Chapter 347, 2007 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 76-3-203.9

What does Utah Code § 76-3-203.9 cover?

Section 76-3-203.9 ("Violent offense committed in presence of a child -- Aggravating factor.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 76-3-203.9?

A common citation format is "Utah Code § 76-3-203.9" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 76-3-203.9 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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