"Child" means the same as that term is defined in Section 76-5-109.
(ii)
"Serious injury" means the same as that term is defined in Section 76-5-109.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
Under circumstances not amounting to a violation of Section 76-5-109.4, Child torture, an actor commits aggravated child abuse if the actor:
(a)
inflicts upon a child a serious injury; or
(b)
having the care or custody of a child, causes or permits another to inflict a serious injury upon the child.
(3)
(a)
A violation of Subsection (2) is a first degree felony if done intentionally or knowingly.
(b)
A violation of Subsection (2) is a third degree felony if done recklessly.
(c)
A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to have committed an offense under this section.
(b)
A parent or guardian of a child does not violate this section by selecting a treatment option for the medical condition of the child, if the treatment option is one that a reasonable parent or guardian would believe to be in the best interest of the child.
(c)
An actor is not guilty of an offense under this section for conduct that constitutes:
Frequently Asked Questions About Utah § 76-5-109.2
What does Utah Code § 76-5-109.2 cover?
Section 76-5-109.2 ("Aggravated child abuse.") 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 § 76-5-109.2?
A common citation format is "Utah Code § 76-5-109.2" (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 § 76-5-109.2 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.
