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In determining a sentence for a violent crime, the court will consider the presence of a child during the violent offense as an aggravating factor. Utah Criminal Code 76-3-203.9, this class B misdemeanor offense is defined as:

  • Committed in the presence of a child younger than 14 years old
  • Knowledge that a child less than 14 years old is present or could hear/see a violent criminal offense

Violent offenses include any criminal act involving violence, physical harm, threat of violence or physical harm, or any attempt to commit violence or physical harm. Violence in the presence of a child is a factor that is considered by the Board of Pardons and Parole in deliberations.

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