Utah § 80-2-609 - Failure to report -- Threats and intimidation -- Penalty.
Full text of Utah Utah Code § 80-2-609 — Failure to report -- Threats and intimidation -- Penalty., with citation guidance and answers to common questions.
§ 80-2-609. Failure to report -- Threats and intimidation -- Penalty.
Effective 5/1/2024 80-2-609.
Failure to report -- Threats and intimidation -- Penalty.
(1)
If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603, the division shall file a complaint with:
(a)
the Division of Professional Licensing if the person is a health care provider, as defined in Subsection 80-2-603(1)(a)(i), or a mental health therapist, as defined in Section 58-60-102;
(b)
the appropriate law enforcement agency if the person is a law enforcement officer, as defined in Section 53-13-103; or
(c)
the State Board of Education if the person is an educator, as defined in Section 53E-6-102.
(2)
The division shall:
(a)
provide the information deemed necessary for action on the complaint by the entities listed in Subsection (1); and
(b)
adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the information the division shall provide under Subsection (1).
(3)
(a)
A person is guilty of a class B misdemeanor if the person willfully fails to report under Section 80-2-602 or 80-2-603.
(b)
If a person is convicted under Subsection (3)(a), the court may order the person, in addition to any other sentence the court imposes, to:
(i)
complete community service hours; or
(ii)
complete a program on preventing abuse and neglect of children.
(c)
In determining whether it would be appropriate to charge a person with a violation of Subsection (3)(a), the prosecuting attorney shall take into account whether a reasonable person would not have reported suspected abuse or neglect of a child because reporting would have placed the person in immediate danger of death or serious bodily injury.
(d)
Notwithstanding any contrary provision of law, a prosecuting attorney may not use a person's violation of Subsection (3)(a) as the basis for charging the person with another offense.
(e)
A prosecution for failure to report under Subsection (3)(a) shall be commenced within two years after the day on which the person had knowledge of the suspected abuse or neglect or the circumstances described in Subsection 80-2-603(2) and willfully failed to report.
(4)
Under circumstances not amounting to a violation of Section 76-8-508, a person is guilty of a class B misdemeanor if the person threatens, intimidates, or attempts to intimidate a child who is the subject of the report under Section 80-2-602 or 80-2-603, the person who made the report, a witness, or any other person cooperating with an investigation conducted in accordance with this chapter or Chapter 2a, Removal and Protective Custody of a Child.
Section 80-2-609 ("Failure to report -- Threats and intimidation -- Penalty.") 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 § 80-2-609?
A common citation format is "Utah Code § 80-2-609" (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 § 80-2-609 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.
