Utah’s assault statutes increase the severity of the assault based upon the severity of the physical injury. Utah’s child abuse statutes do so similarly.
Utah’s assault statutes start at 76-5-101. Utah’s child abuse statute are 76-1-109 (child abuse) and 76-1-109.2 (aggravated child abuse) The general definitions found at 76-1-101.5 applie to all child abuse and assault charge, along with the more specific definitions of child abuse found in the child abuse statute.
The level of physical injury is graded and defined for purposes of Utah’s child abuse and assault statutes. Here are definitions for the various levels of bodily harms applicable to Utah’s assault and child abuse statutes.
Utah’s child abuse statutes have their own, broader definitions of serious bodily injury, physical injury and do not use the term substantial bodily injury like the assault statutes do. Utah’s child abuse for child abuse criminal charge purposes only defines physical injury as:
“PHYSICAL INJURY” means an injury to or condition of a child which impairs the physical condition of the child, including:
(A) bruise or other contusion of the skin;
(B) a minor laceration or abrasion;
(C) failure to thrive or malnutrition; or
(D) any other condition which imperils the child’s health or welfare and that is not a serious physical injury. See child abuse definitions Utah Code 76-1-109.
Class A Misdemeanor Physical Injury. When child abuse with physical injury is done intentionally or knowingly it is a Class A misdemeanor. 
Class B Misdemeanor Physical Injury. When child abuse with physical injury is done recklessly it is a Class B misdemeanor.
Class C Misdemeanor Physical Injury. When child abuse with physical injury is done with criminal negligence it is a Class C misdemeanor.
“SERIOUS PHYSICAL INJURY” is defined as something more than just mere physical injury and is specifically defined in the child abuse statutes.
Serious physical injury” for child abuse criminal charges means any physical injury or set of injuries that:
(A) seriously impairs the child’s health;
(B) involves physical torture;
(C) causes serious emotional harm to the child;
(D) involves a substantial risk of death to the child. See Utah Code 76-1-101.5(17). Definitions for assault. See Utah Code 76-1-109(1)(a)(iii). The child abuse definition of serious physical injury is broader than the assault definition of serious bodily injury.
Serious physical injury includes for child abuse criminal charges: (I). fracture of any bone or bones; (II). 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; (III). any burn, including burns inflicted by hot water, or those caused by placing a hot object upon the skin or body of the child; (IV). any injury caused by use of a dangerous weapon; (V). any combination of two or more physical injuries inflicted by the same person, either at the same time or on different occasions; (VI). any damage to internal organs of the body; (VII). 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; (VIII). any injury that creates a permanent disfigurement or protracted loss or impairment of the function of a bodily member, limb, or organ; (IX). 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; (X). any conduct that results in starvation or failure to thrive or malnutrition that jeopardizes the child’s life; or (XI). unconsciousness caused by the unlawful infliction of a brain injury or unlawfully causing any deprivation of oxygen to the brain.
Felony 2 Child Abuse Serious Bodily Injury. When serious bodily injury child abuse is done intentionally or knowingly it is a felony 2.
Felony 3 Child Abuse Serious Bodily Injury. When serious bodily injury child abuse is done recklessly it is a felony 3.
Class A Misdemeanor Child Abuse Serious Bodily Injury. When serious bodily injury child abuse is done with criminal negligence it is a class A misdemeanor.
All criminal law and Utah follows suit, you must have a guilty mind (mens rea) and a guilty act (actus reas) to be convicted of a crime. No discussion of prohibited criminal acts would be complete without citing the Utah Code defining Utah’s Mens Reas (criminal mind sets).
Example Child Abuse Provo Daycare. You accidently hit the child’s head with your hand causing a broken nose. It was a pure accident as you were turning your body away from another child. You can’t accidentally commit child abuse. It has to be intentional, knowingly, reckless or with criminal negligence
Utah law ridiculously and without much clarity defines intentional, knowing, reckless and with negligence as follows. Ultimately is up to the jury to decide what mindset, if any, the defendant acted with and the government must prove it beyond a reasonable doubt.
(1) Intentional Mind Set (Mens Rea). Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
Example Provo Child Abuse. The babysitter intentionally hits the child on the arm with a wooden spoon causing physical injury. This would be a class A misdemeanor under Utah Code 76-1-109.
(2) Knowing Mind Set (Mens Rea). Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
Example Orem Child Abuse Charges. The babysitter owner instructs the daycare worker to discipline the child, knowing the worker always uses a wooden spoon. Or the daycare worker knows that using a wooden spoon will cause physical injury. This would be a class A misdemeanor under Utah Code 76-1-109.
(3) Reckless Mindset.
Example Juab County Reckless Driving. You are driving your car and commit 3 or more traffic code violations in a two-mile stretch, or one single reckless act, like driving 50 mph in a school zone.
Example Reckless Child Abuse Orem. You leave your infant child in the hot summer car causing physical injury. You knew the hot sun would make the car very hot, but chose to reckless disregard the risk that the child would be hurt.
(4) Criminal Negligence Mind Set (Mens Rea). With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.
Example Criminal Negligence Provo Child Abuse. No one knows what criminal negligence means. This criminal mens rea is not used very much and it is entirely up to the jury to decide if the defendant is guilty. Negligence is civil personal injury law cause of action and has nothing to do with criminal law. Having the prosecution prove negligence in a criminal case is bizarre because normally you need some type of guilty mind to conviction people. We don’t convict people of accidents. You get sued civilly for money damages when you can cause harm for choosing to act negligently.
See Utah Code 76-2-103. Definitions.
Utah assault statutes increase in severity depending on the severity of the bodily harm. Utah’s assault statutes use the following three injury levels to determine the charging severity. The highest level of physical harm is serious bodily injury and lowest is bodily injury.
“SERIOUS BODILY INJURY” means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. Utah Code 76-1-101.5 (17). Definitions.
Felony 3. If you cause serious bodily injury, use a defined dangerous weapon or strangulate someone, it is a third degree felony in Utah. Strangulation is classic choking or covering, or restricting the airway.
“SUBSTANTIAL BODILY INJURY” means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. Utah Code 76-1-101.5 (18). Definitions.
Class A Misdemeanor. A simple class B misdemeanor becomes a class A misdemeanor if you cause more than bodily injury and cause substantial bodily injury.
“BODILY INJURY” means physical pain, illness, or any impairment of physical condition. Utah Code 76-1-101.5 (4). Definitions.
Class B. Misdemeanor. Bodily injury assaults are the lowest level of assaults and are class B misdemeanors.
Class A Misdemeanor. If you cause bodily injury to a pregnant person is a class A misdemeanor.
