Utah § 80-6-610 - Property damage caused by a minor -- Liability of parent or guardian.
Full text of Utah Utah Code § 80-6-610 — Property damage caused by a minor -- Liability of parent or guardian., with citation guidance and answers to common questions.
§ 80-6-610. Property damage caused by a minor -- Liability of parent or guardian.
Effective 5/3/2023 80-6-610.
Property damage caused by a minor -- Liability of parent or guardian.
(1)
A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when:
(a)
the minor intentionally damages, defaces, destroys, or takes the property of another;
(b)
the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or
(c)
the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service.
(2)
A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection (1):
(a)
for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or
(b)
to gain recognition, acceptance, membership, or increased status with a criminal street gang.
(3)
A juvenile court may make an order for restitution under Subsection (1) or (2) to be paid by the minor's parent or guardian if the minor is adjudicated for an offense.
(4)
As used in this section, property damage described under Subsection (1)(a) or (c), or Subsection (2), includes graffiti, as defined in Section 76-6-101.
(5)
A court may waive part or all of the liability for damages under this section by the minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record:
(a)
good cause; or
(b)
the parent or guardian:
(i)
made a reasonable effort to restrain the wrongful conduct; and
(ii)
reported the conduct to the property owner involved or the law enforcement agency having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
(6)
A report is not required under Subsection (5)(b) from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved.
(7)
A conviction for criminal mischief under Section 76-6-106, property damage or destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized under Subsection (1) or (2).
(8)
A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor.
Section 80-6-610 ("Property damage caused by a minor -- Liability of parent or guardian.") 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 § 80-6-610?
A common citation format is "Utah Code § 80-6-610" (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 § 80-6-610 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.
