Utah § 77-36-1 - Definitions for chapter. (Effective 1/1/2027)

Full text of Utah Utah Code § 77-36-1 — Definitions for chapter. (Effective 1/1/2027), with citation guidance and answers to common questions.

§ 77-36-1. Definitions for chapter. (Effective 1/1/2027)

Effective 1/1/2027
77-36-1.  Definitions for chapter.
     As used in this chapter:
(1)"Cohabitant" means the same as that term is defined in Section 78B-7-102.
(2)"Dangerous weapon" means the same as that term is defined in Section 76-1-101.5.
(3)"Department" means the Department of Public Safety.
(4)"Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4, Part 4, Divorce.
(5)
(a)"Domestic violence offense" or "domestic violence" means:
(i)an offense involving violence or physical harm, or a threat of violence or physical harm committed by one cohabitant against another cohabitant; or
(ii)an attempt, a conspiracy, or a solicitation to commit an offense involving violence or physical harm committed by one cohabitant against another cohabitant.
(b)"Domestic violence offense" or "domestic violence" includes the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is:
(i)a felony or misdemeanor offense described in:
(A)Section 76-5-102, assault;
(B)Section 76-5-102.9, propelling a bodily substance or material;
(C)Section 76-5-103, aggravated assault;
(D)Section 76-5-105, mayhem;
(E)Section 76-5-106, harassment;
(F)Section 76-5-106.5, stalking;
(G)Section 76-5-107, threat of violence;
(H)Section 76-5-108, violation of a protective order;
(I)Section 76-5-111.2, aggravated abuse of a vulnerable adult;
(J)Section 76-5-114, commission of domestic violence in the presence of a child;
(K)Section 76-5-201, criminal homicide;
(L)Section 76-5-301, kidnapping;
(M)Section 76-5-302, aggravated kidnapping;
(N)Section 76-5-308, human trafficking for labor;
(O)Section 76-5-308.1, human trafficking for sexual exploitation;
(P)Section 76-5-310, aggravated human trafficking;
(Q)Section 76-5-311, human trafficking of a vulnerable adult;
(R)Title 76, Chapter 5, Part 4, Sexual Offenses;
(S)Section 76-5b-203, distribution of an intimate image;
(T)Section 76-5b-204, sexual extortion;
(U)Section 76-5b-204.1, aggravated sexual extortion;
(V)Section 76-5b-205, unlawful distribution of a counterfeit intimate image;
(W)Title 76, Chapter 6, Part 1, Property Destruction;
(X)Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
(Y)Title 76, Chapter 6, Part 3, Robbery;
(Z)Section 76-8-508, tampering with a witness;
(AA)Section 76-8-508.3, retaliation against a witness, victim, or informant;
(BB)Section 76-8-508.7, receiving or soliciting a bribe as a witness;
(CC)Section 76-9-102, disorderly conduct, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the actor was originally charged with an offense otherwise described in this Subsection (5), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (5)(b)(i)(CC), 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.;
(DD)Section 76-11-207, threatening with or using a dangerous weapon in a fight or quarrel;
(EE)Section 76-11-208, possession of a deadly weapon with criminal intent;
(FF)Section 76-12-202, electronic communication harassment;
(GG)Title 76, Chapter 12, Part 3, Privacy Offenses;
(HH)Section 76-13-203, aggravated cruelty to an animal, if the intent is to harass or threaten the cohabitant;
(II)Section 76-11-209, improper discharging of a dangerous weapon; or
(JJ)Subsection 78B-7-806(1), for a violation of a jail release court order or jail release agreement; or
(ii)a felony or class A misdemeanor offense described in:
(A)Section 76-5-111, abuse of a vulnerable adult;
(B)Section 76-5-111.3, personal dignity exploitation of a vulnerable adult; or
(C)Section 76-5-111.4, financial exploitation of a vulnerable adult.
(c)"Domestic violence offense" or "domestic violence" does not include the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is a class B or class C misdemeanor offense that is described in:
(i)Section 76-5-111, abuse of a vulnerable adult;
(ii)Section 76-5-111.3, personal dignity exploitation of a vulnerable adult; or
(iii)Section 76-5-111.4, financial exploitation of a vulnerable adult.
(6)"Jail release agreement" means the same as that term is defined in Section 78B-7-801.
(7)"Jail release court order" means the same as that term is defined in Section 78B-7-801.
(8)"Marital status" means married and living together, divorced, separated, or not married.
(9)"Married and living together" means a couple whose marriage was solemnized under Section 81-2-305 or 81-2-407 and who are living in the same residence.
(10)"Not married" means any living arrangement other than married and living together, divorced, or separated.
(11)"Protective order" includes an order issued under Subsection 78B-7-804(3).
(12)"Pretrial protective order" means a written order:
(a)specifying and limiting the contact an individual 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 Section 78B-7-802 or 78B-7-803, pending trial in the criminal case.
(13)"Protective order" includes an order issued under Subsection 78B-7-804(3).
(14)"Sentencing protective order" means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.
(15)"Separated" means a couple who have had their marriage solemnized under Section 81-2-305 or 81-2-407 and who are not living in the same residence.
(16)"Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
(17)"Victim" means a cohabitant who has been subjected to domestic violence.


Amended by Chapter 445, 2026 General Session

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