Utah

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report abuse or neglect as defined by Utah Code 78A-6-105 and legal guidance interpreting the statute.
  • “Abuse” means:
    • Nonaccidental harm of a child;
    • Threatened harm of a child;
    • Sexual exploitation;
    • Sexual abuse; or
    • Human trafficking of a child in violation of Section 76-5-308.5;
  • or
    • That a child’s natural parent:
      • Intentionally, knowingly, or recklessly causes the death of another parent of the child;
      • Is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
      • Is being prosecuted for or has been convicted of intentionally, knowingly, or recklessly causing the death of another parent of the child
  • "Abuse" does not include:
    • 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 (1)(b)(iii)(A) through (C).
  • “Sexual abuse” means:
    • An act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult towards a child;
    • An act of attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:
      • There is an indication of force or coercion;
      • The children are related, as described in Subsection 26, including siblings by marriage while the marriage exits or by adoption;
      • There have been repeated incidents of sexual contact between two children, unless the children are 14 years of age or older; or
      • There is a disparity in chronological age or four or more years between the two children;
    • Engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted or, the offense:
      • Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor;
      • child bigamy, Section 76-7-101.5;
      • incest, Section 76-7-102;
      • lewdness, Section 76-9-702;
      • sexual battery, Section 76-9-702.1;
      • lewdness involving a child, Section 76-9-702.5; or
      • voyeurism, Section 76-9-702.7; or
    • Subjecting a child to participate in or threatening to subject a child to participate in a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural marriage.
  • "Sexual exploitation" means knowingly:
    • employing, using, persuading, inducing, enticing, or coercing any child to:
      • pose in the nude for the purpose of sexual arousal of any individual; or
      • engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;
    • displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:
      • in the nude, for the purpose of sexual arousal of any individual; or
      • engaging in sexual or simulated sexual conduct; or
    • engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.
  • “Neglect” means action or inaction causing:
    • Abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
    • Lack of proper parental care of a child by reason of the fault of habits of the parent, guardian, or custodian;
    • Failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child’s health, safety, morals, or well-being;
    • A child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
    • Abandonment of a child through an unregulated custody transfer; or
    • Education neglect

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to the Utah Code at the Utah State Legislature website.