Enrolled Copy H.B. 467
1 CHILD ABANDONMENT AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks Senate Sponsor: Heidi Balderree
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3 LONG TITLE
4 General Description:
5 This bill amends the child abandonment statute.
6 Highlighted Provisions:
7 This bill:
8 ▸ adds inducement by misrepresentation as a statutory basis for a criminal charge of child
9 abandonment against an enterprise; and
10 ▸ codifies defenses to a criminal charge of child abandonment.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 76-5-109.3, as last amended by Laws of Utah 2023, Chapter 448
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19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 76-5-109.3 is amended to read:
21 76-5-109.3 . Child abandonment.
22 (1) (a) As used in this section:
23 (i) "Child" means the same as that term is defined in Section 76-5-109.
24 (ii) "Enterprise" means the same as that term is defined in Section 76-10-1602.
25 (iii) "Serious physical injury" means the same as that term is defined in Section
26 76-5-109.
27 (b) Terms defined in Section 76-1-101.5 apply to this section.
28 (2) (a) Except as provided in Subsection (4), an actor commits child abandonment if the
H.B. 467 Enrolled Copy
29 actor:
30 (i) is a parent or legal guardian of a child, and:
31 (A) intentionally ceases to maintain physical custody of the child;
32 (B) intentionally fails to make reasonable arrangements for the safety, care, and
33 physical custody of the child; and
34 (C) (I) intentionally fails to provide the child with food, shelter, or clothing;
35 (II) manifests an intent to permanently not resume physical custody of the
36 child; or
37 (III) for a period of at least 30 days, intentionally fails to resume physical
38 custody of the child and fails to manifest a genuine intent to resume
39 physical custody of the child; or
40 (ii) encourages or causes the parent or legal guardian of a child to violate Subsection
41 (2)(a)(i).
42 (b) Except as provided in Subsection (4), an enterprise commits child abandonment if
43 the enterprise encourages, commands, induces by misrepresentation, or causes
44 another to violate Subsection (2)(a).
45 (3) (a) (i) A violation of Subsection (2) is a third degree felony.
46 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
47 degree felony if, as a result of the child abandonment:
48 (A) the child suffers a serious physical injury; or
49 (B) the actor or enterprise receives, directly or indirectly, any benefit.
50 (b) (i) In addition to the penalty described in Subsection (3)(a)(ii), the court may
51 order the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs
52 of investigating and prosecuting the offense and the costs of securing any
53 forfeiture provided for under Subsection (3)(b)(ii).
54 (ii) Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is
55 subject to criminal or civil forfeiture pursuant to Title 77, Chapter 11b, Forfeiture
56 of Seized Property.
57 (4) (a) A parent or legal guardian who provides a child with treatment by spiritual means
58 alone through prayer, in lieu of medical treatment, in accordance with the tenets and
59 practices of an established church or religious denomination of which the parent or
60 legal guardian is a member or adherent may not, for that reason alone, be considered
61 to have committed an offense under this section.
62 (b) An actor is not guilty of an offense under this section for conduct that constitutes:
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Enrolled Copy H.B. 467
63 (i) the safe relinquishment of a child pursuant to the provisions of Section 80-4-502;
64 (ii) giving legal consent to a court order for termination of parental rights:
65 (A) in a legal adoption proceeding; or
66 (B) in a case in which a petition for the termination of parental rights, or the
67 termination of a guardianship, has been filed;
68 (iii) reasonable discipline or management of a child, including withholding
69 privileges; or
70 (iv) conduct described in Section 76-2-401.
71 (c) It is a defense to prosecution under Subsection (2)(a)(i) that the actor committed
72 child abandonment due to:
73 (i) intimidation;
74 (ii) isolation;
75 (iii) harassment;
76 (iv) coercion;
77 (v) the actor's reasonable fear of bodily harm; or
78 (vi) the reasonable actions of the actor to protect the safety and welfare of the actor or
79 another individual.
80 Section 2. Effective date.
81 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 76-5-109.3
Enrolled: 76-5-109.3