Full text of Utah Utah Code § 76-5-109.3 — Child abandonment., with citation guidance and answers to common questions.
§ 76-5-109.3. Child abandonment.
Effective 5/7/2025 76-5-109.3.
Child abandonment.
(1)
(a)
As used in this section:
(i)
"Child" means the same as that term is defined in Section 76-5-109.
(ii)
"Enterprise" means the same as that term is defined in Section 76-17-401.
(iii)
"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)
(a)
Except as provided in Subsection (4), an actor commits child abandonment if the actor:
(i)
is a parent or legal guardian of a child, and:
(A)
intentionally ceases to maintain physical custody of the child;
(B)
intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and
(C)
(I)
intentionally fails to provide the child with food, shelter, or clothing;
(II)
manifests an intent to permanently not resume physical custody of the child; or
(III)
for a period of at least 30 days, intentionally fails to resume physical custody of the child and fails to manifest a genuine intent to resume physical custody of the child; or
(ii)
encourages or causes the parent or legal guardian of a child to violate Subsection (2)(a)(i).
(b)
Except as provided in Subsection (4), an enterprise commits child abandonment if the enterprise encourages, commands, induces by misrepresentation, or causes another to violate Subsection (2)(a).
(3)
(a)
(i)
A violation of Subsection (2) is a third degree felony.
(ii)
Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second degree felony if, as a result of the child abandonment:
(A)
the child suffers a serious injury; or
(B)
the actor or enterprise receives, directly or indirectly, any benefit.
(b)
(i)
In addition to the penalty described in Subsection (3)(a)(ii), the court may order the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of investigating and prosecuting the offense and the costs of securing any forfeiture provided for under Subsection (3)(b)(ii).
(ii)
Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is subject to criminal or civil forfeiture pursuant to Title 77, Chapter 11b, Forfeiture of Seized Property.
(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)
An actor is not guilty of an offense under this section for conduct that constitutes:
(i)
the safe relinquishment of a child pursuant to the provisions of Section 80-4-502;
(ii)
giving legal consent to a court order for termination of parental rights:
(A)
in a legal adoption proceeding; or
(B)
in a case in which a petition for the termination of parental rights, or the termination of a guardianship, has been filed;
(iii)
reasonable discipline or management of a child, including withholding privileges; or
Frequently Asked Questions About Utah § 76-5-109.3
What does Utah Code § 76-5-109.3 cover?
Section 76-5-109.3 ("Child abandonment.") 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 § 76-5-109.3?
A common citation format is "Utah Code § 76-5-109.3" (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 § 76-5-109.3 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.
