Utah § 76-8-318.5 Threat of violence against a child welfare worker or a family member of a child welfare worker.

Utah Statutes

§ 76-8-318.5 — Threat of violence against a child welfare worker or a family member of a child welfare worker.

Utah § 76-8-318.5

Title 76Utah Criminal Code

Ch. 76-8Offenses Against the Administration of Government

Part 76-8-3Obstructing Governmental Operations

This text of Utah § 76-8-318.5 (Threat of violence against a child welfare worker or a family member of a child welfare worker.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-8-318.5 (2026).

Text

(1)(1)(a) As used in this section:

(1)(a)(i) "Child welfare worker" means the same as that term is defined in Section 76-8-318.

(1)(a)(ii) "Family member" means the same as that term is defined in Section 76-8-318.

(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2)An actor commits a threat of violence against a child welfare worker if:

(2)(a) the actor knowingly or intentionally threatens to commit an offense against a child welfare worker or a family member of a child welfare worker:

(2)(a)(i) described in Title 76, Chapter 5, Part 4, Sexual Offenses; or

(2)(a)(ii) involving bodily injury, death, or substantial property damage;

(2)(b) the actor knows, or reasonably should know, that the individual described in Subsection (2)(a) is a child welfare worker

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(1) (1)(a) As used in this section:
(1)(a)(i) "Child welfare worker" means the same as that term is defined in Section 76-8-318.
(1)(a)(ii) "Family member" means the same as that term is defined in Section 76-8-318.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits a threat of violence against a child welfare worker if:
(2)(a) the actor knowingly or intentionally threatens to commit an offense against a child welfare worker or a family member of a child welfare worker:
(2)(a)(i) described in Title 76, Chapter 5, Part 4, Sexual Offenses; or
(2)(a)(ii) involving bodily injury, death, or substantial property damage;
(2)(b) the actor knows, or reasonably should know, that the individual described in Subsection (2)(a) is a child welfare worker or a family member of a child welfare worker;
(2)(c) the threat described in Subsection (2)(a) would cause a reasonable person:
(2)(c)(i) to fear the infliction of harm or violence; or
(2)(c)(ii) to suffer emotional distress;
(2)(d) the actor knows, or reasonably should know, the threat described in Subsection (2)(a) would cause a reasonable person to:
(2)(d)(i) fear the infliction of harm or violence; or
(2)(d)(ii) suffer emotional distress; and
(2)(e) the threat described in Subsection (2)(a) is threatened:
(2)(e)(i) against a child welfare worker at the time the child welfare worker is acting within the scope of the child welfare worker's authority; or
(2)(e)(ii) against a child welfare worker or a family member of the child welfare worker with the intent to:
(2)(e)(ii)(A) impede, intimidate, or interfere with the performance of the child welfare worker's official duties; or
(2)(e)(ii)(B) retaliate against the child welfare worker because of the performance of the child welfare worker's official duties.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) It is not a defense to Subsection (2) that the actor did not attempt to carry out the threat or was incapable of carrying out the threat.
(5) (5)(a) Subject to Subsection (5)(b), in addition to another penalty authorized by law, a court shall order an actor convicted under Subsection (2) to pay restitution to any entity or individual for expenses or losses incurred as a result of responding to the threat, unless the court states on the record the reasons why the reimbursement would be inappropriate.
(5)(b) Any restitution ordered in the case of a minor adjudicated for a violation of Subsection (2) shall be determined in accordance with Section 80-6-710.
(6) An actor who commits an offense under Subsection (2) is subject to punishment for that offense described in Subsection (3), in addition to any other offense committed, including the carrying out of the threatened act.
(7) A threat described in Subsection (2):
(7)(a) may be express or implied; and
(7)(b) does not need to be communicated directly to the threatened individual.