Utah Code
Utah Code § 76-5-109 (2026)
Child abuse
✓ current as of May 2026
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As used in this section:
"Child" means an individual who is younger than 18 years old.
"Injury" means a physical or psychological injury to or condition of a child which impairs the physical or psychological condition of the child, including:
a bruise or other contusion of the skin;
a minor laceration or abrasion;
failure to thrive or malnutrition; or
any other condition that imperils the child's physical or psychological health or welfare and that is not a serious injury.
"Psychological injury" means an identifiable mental or emotional harm, damage, impairment, or dysfunction.
"Serious injury" means an injury or set of injuries that:
seriously impairs the child's health, which includes the child's physical or mental well-being or development;
causes serious emotional harm to the child; or
involves a substantial risk of death to the child.
"Serious injury" includes:
fracture of any bone or bones;
intracranial bleeding, swelling or contusion of the brain, whether caused by blows, shaking, or causing the child's head to impact with an object or surface;
any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child;
any injury caused by use of a dangerous weapon;
any combination of two or more injuries inflicted by the same individual, either at the same time or on different occasions;
any damage to internal organs of the body;
any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child's ability to function;
any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ;
any impediment of the breathing or the circulation of blood by application of pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to produce a loss of consciousness;
any conduct involving unreasonable forcible restriction of a child's movements, including restraining or confining the child with restraints or in an enclosed space or forcing the child to remain in a stress position;
any conduct involving forcing or coercing a child to injure the child's self, an individual known to the child, or an animal known to the child;
any conduct involving a threat to harm or kill the child, an individual known to the child, or an animal known to the child;
any conduct involving unreasonably subjecting a child to excessive heat, cold, darkness, solitary confinement, or sleep deprivation;
any conduct that results in starvation, dehydration, failure to thrive, or malnutrition, that jeopardizes the child's life or seriously injures the child's physical or mental well-being or development; or
unconsciousness caused by the unlawful infliction of a brain injury or unlawfully causing any deprivation of oxygen to the brain.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits child abuse if the actor:
inflicts upon a child an injury; or
having the care or custody of a child, causes or permits another to inflict an injury upon the child.
A violation of Subsection (2) is a class A misdemeanor if done intentionally or knowingly.
A violation of Subsection (2) is a class B misdemeanor if done recklessly.
A violation of Subsection (2) is a class C misdemeanor if done with criminal negligence.
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.
A parent or guardian of a child does not violate this section by selecting a treatment option for a 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.
An actor is not guilty of an offense under this section for conduct that constitutes:
reasonable discipline or management of a child, including withholding privileges;
conduct described in Section 76-2-401; or
the use of reasonable and necessary physical restraint or force on a child:
in self-defense;
in defense of others;
to protect the child; or
to remove a weapon in the possession of a child for any of the reasons described in Subsections (4)(c)(iii)(A) through (C).
Notes of Decisions
Cited in 68
cases (12 in the last 5 years), 1985–2026 · leading case: State v. Fedorowicz, 2002 UT 67 (Utah 2002).
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Killpack, 2008 UT 49 (Utah 2008). “Utah Code Ann. §§ 76-5-109 , -208. 11 . Id.”
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-109 (2)(a) (Supp.2011).”
State v. Honie, 2002 UT 4 (Utah 2002). “commission of, or an attempt to commit, or flight after committing or attempting to commit, aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated…”
State v. Widdison, 4 P.3d 100 (Utah Ct. App. 2000). “OPINION GREENWOOD Pr es1d1ng Judge T1 Defendant appeals from convictions of one count of second degree felony child abuse, in violation of Utah Code Ann. § 76-5-109 (2)(a) (1999), 2 and two counts of class A misdemeanor child abuse, in violation of Utah Code Ann.”
Provo City v. Cannon, 994 P.2d 206 (Utah Ct. App. 1999). “OPINION GREENWOOD, Associate Presiding Judge: ¶ 1 Defendant David Cannon appeals his conviction for child abuse, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-109 (1999). 1 We conclude the trial court properly applied the statute and affirm his conviction.”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
In re C.M.R..., 2020 UT App 114 (Utah Ct. App. 2020). “” See Utah Code Ann. § 76-5-109 (1)(f)(ii) (LexisNexis 2017) (“‘Serious physical injury’ includes .”
State v. McCovey, 803 P.2d 1234 (Utah 1990). “aggravated robbery, robbery, rape, object rape, forcible sodomy, or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnaping, kidnaping, child kidnaping, rape of a child, object rape of a child, sodomy upon a child, forcible sexual…”
State v. Kitzmiller, 2021 UT App 87 (Utah Ct. App. 2021). “For Count II, the serious physical injury was Baby’s broken arm; and for Count IV, the serious physical injury was two or more of the lesser injuries. See id. § 76-5-109(1)(f)(ii) (specifying that the term “[s]erious physical injury” includes, among other things, a “fracture of…”
— Utah Code § 76-5-109(1) — 5 cases
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
In re B.W..., 2022 UT App 131 (Utah Ct. App. 2022).
State ex rel. K.M., 173 P.3d 1279 (Utah 2007).
State Ex Rel. Km, 2007 UT 93 (Utah 2007).
State v. Ruiz, 329 P.3d 836 (Utah Ct. App. 2014).
— Utah Code § 76-5-109(1)(a) — 1 case
State v. Nieberger, 2006 UT App 5 (Utah Ct. App. 2006).
— Utah Code § 76-5-109(1)(a)(ii) — 1 case
Orem City v. Jakeman, 2025 UT App 107 (Utah Ct. App. 2025).
— Utah Code § 76-5-109(1)(c) — 5 cases
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. Merrill, 2012 UT App 3 (Utah Ct. App. 2012).
State Ex Rel. Lp, 1999 UT App 157 (Utah Ct. App. 1999).
State v. Ruiz, 329 P.3d 836 (Utah Ct. App. 2014).
— Utah Code § 76-5-109(1)(d) — 2 cases
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
— Utah Code § 76-5-109(1)(e) — 2 cases
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
— Utah Code § 76-5-109(1)(e)(i) — 1 case
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
— Utah Code § 76-5-109(1)(f) — 3 cases
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-109 (2)(a) (Supp.2011).”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
— Utah Code § 76-5-109(1)(f)(ii) — 1 case
State v. Kitzmiller, 2021 UT App 87 (Utah Ct. App. 2021). “For Count II, the serious physical injury was Baby’s broken arm; and for Count IV, the serious physical injury was two or more of the lesser injuries. See id. § 76-5-109(1)(f)(ii) (specifying that the term “[s]erious physical injury” includes, among other things, a “fracture of…”
— Utah Code § 76-5-109(1)(f)(ii)(I) — 1 case
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
— Utah Code § 76-5-109(2) — 5 cases
State v. Killpack, 2008 UT 49 (Utah 2008). “Utah Code Ann. §§ 76-5-109 , -208. 11 . Id.”
State v. Widdison, 4 P.3d 100 (Utah Ct. App. 2000). “OPINION GREENWOOD Pr es1d1ng Judge T1 Defendant appeals from convictions of one count of second degree felony child abuse, in violation of Utah Code Ann. § 76-5-109 (2)(a) (1999), 2 and two counts of class A misdemeanor child abuse, in violation of Utah Code Ann.”
State v. Howell, 707 P.2d 115 (Utah 1985).
State v. Salt, 2015 UT App 72 (Utah Ct. App. 2015).
State v. Ruiz, 329 P.3d 836 (Utah Ct. App. 2014).
— Utah Code § 76-5-109(2)(a) — 9 cases
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Honie, 2002 UT 4 (Utah 2002). “commission of, or an attempt to commit, or flight after committing or attempting to commit, aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated…”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-109 (2)(a) (Supp.2011).”
State v. McCovey, 803 P.2d 1234 (Utah 1990). “aggravated robbery, robbery, rape, object rape, forcible sodomy, or aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated kidnaping, kidnaping, child kidnaping, rape of a child, object rape of a child, sodomy upon a child, forcible sexual…”
— Utah Code § 76-5-109(2)(b) — 6 cases
State v. Killpack, 2008 UT 49 (Utah 2008). “Utah Code Ann. §§ 76-5-109 , -208. 11 . Id.”
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. Howell, 707 P.2d 115 (Utah 1985).
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-109 (2)(a) (Supp.2011).”
— Utah Code § 76-5-109(2)(c) — 3 cases
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. O'bannon, 2012 UT App 71 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-109 (2)(a) (Supp.2011).”
— Utah Code § 76-5-109(3) — 4 cases
State v. Killpack, 2008 UT 49 (Utah 2008). “Utah Code Ann. §§ 76-5-109 , -208. 11 . Id.”
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State v. Payne, 964 P.2d 327 (Utah Ct. App. 1998).
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
— Utah Code § 76-5-109(3)(a) — 5 cases
State v. Killpack, 2008 UT 49 (Utah 2008). “Utah Code Ann. §§ 76-5-109 , -208. 11 . Id.”
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State ex rel. K.M., 173 P.3d 1279 (Utah 2007).
Orem City v. Jakeman, 2025 UT App 107 (Utah Ct. App. 2025).
State Ex Rel. Km, 2007 UT 93 (Utah 2007).
— Utah Code § 76-5-109(3)(b) — 2 cases
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State v. Paramoure, 2026 UT App 74 (Utah Ct. App. 2026).
— Utah Code § 76-5-109(3)(c) — 2 cases
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
— Utah Code § 76-5-109(8) — 5 cases
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). “Although portions of section 76-5-109 of the Utah Code were amended in 2017, those amendments affected only the definition of “serious physical injury,” specifically relating to impediments to a child’s breathing or blood circulation or unconsciousness.”
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
State v. Widdison, 4 P.3d 100 (Utah Ct. App. 2000). “OPINION GREENWOOD Pr es1d1ng Judge T1 Defendant appeals from convictions of one count of second degree felony child abuse, in violation of Utah Code Ann. § 76-5-109 (2)(a) (1999), 2 and two counts of class A misdemeanor child abuse, in violation of Utah Code Ann.”
State v. Cover, 2025 UT App 34 (Utah Ct. App. 2025).
— Utah Code § 76-5-109(8)(a) — 4 cases
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
State v. Bluff, 2002 UT 66 (Utah 2002). “The statute provides that "[alny person who inflicts upon a child serious physical injury or, having the care or custody of such child, causes or permits another to inflict serious physical injury upon a child is guilty of an offense.”
Bountiful City v. Baize, 2019 UT App 24 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-109 (3)(c) (LexisNexis 2017).”
State v. Paramoure, 2026 UT App 74 (Utah Ct. App. 2026).
— Utah Code § 76-5-109(d) — 1 case
State v. Fedorowicz, 2002 UT 67 (Utah 2002). “Utah Code Ann. § 76-5-109 (2)(a) (1999). 143 The State introduced overwhelming expert testimony that, as Fedorowiez concedes, supports the conclusion that Rebecca sustained serious, nonaccidental physical injuries and died from those injuries, leaving open only the question of…”
— Utah Code § 76-5-109(l)(c) — 2 cases
State v. Payne, 964 P.2d 327 (Utah Ct. App. 1998).
State Ex Rel. L.P., 981 P.2d 848 (Utah Ct. App. 1999).
— Utah Code § 76-5-109(l)(c)(iv) — 1 case
State v. Piep, 2004 UT App 7 (Utah Ct. App. 2004).
— Utah Code § 76-5-109(l)(c)(vii) — 1 case
State v. Lowder, 889 P.2d 412 (Utah 1994).
— Utah Code § 76-5-109(l)(d)(x) — 1 case
Provo City v. Cannon, 994 P.2d 206 (Utah Ct. App. 1999). “OPINION GREENWOOD, Associate Presiding Judge: ¶ 1 Defendant David Cannon appeals his conviction for child abuse, a class A misdemeanor, in violation of Utah Code Ann. § 76-5-109 (1999). 1 We conclude the trial court properly applied the statute and affirm his conviction.”
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