Section 77-36-1 - DefinitionsAs used in this chapter:
(1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.(2) "Department" means the Department of Public Safety.(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter 3, Divorce.(4)(a) "Domestic violence" or "domestic violence offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.(b) "Domestic violence" or "domestic violence offense" includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:(i) aggravated assault, under Section 76-5-103;(ii) aggravated cruelty to an animal, under Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;(iii) assault, under Section 76-5-102;(iv) criminal homicide, underSection 76-5-201;(v) harassment, under Section 76-5-106;(vi) electronic communication harassment, underSection 76-9-201;(vii) kidnapping, child kidnapping, or aggravated kidnapping, underSections 76-5-301, 76-5-301.1, and 76-5-302;(viii) mayhem, under Section 76-5-105;(ix) propelling a bodily substance or material, under Section 76-5-102.9:(x) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual exploitation of a minor and aggravated sexual exploitation of a minor, under Sections 76-5b-201 and 76-5b-201.1;(xi) stalking, under Section 76-5-106.5;(xii) unlawful detention or unlawful detention of a minor, underSection 76-5-304;(xiii) violation of a protective order or ex parte protective order, under Section 76-5-108;(xiv) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6, Part 3, Robbery;(xv) possession of a deadly weapon with criminal intent, under Section 76-10-507;(xvi) discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle, under Section 76-10-508;(xvii) disorderly conduct, as defined in Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 etseq.;(xviii) child abuse, under Section 76-5-114;(xix) threatening use of a dangerous weapon, under Section 76-10-506;(xx) threatening violence, under Section 76-5-107;(xxi) tampering with a witness, under Section 76-8-508;(xxii) retaliation against a witness or victim, underSection 76-8-508.3;(xxiii) receiving or soliciting a bribe as a witness under Section 76-8-508.7;(xxiv) unlawful distribution of an intimate image, under Section 76-5b-203, or unlawfiil distribution of a counterfeit intimate image, under Section 76-5b-205;(xxv) sexual battery, under Section 76-9-702.1;(xxvii) voyeurism, underSection 76-9-702.7;(xxviii) damage to or interruption of a communication device, under Section 76-6-108; or(xxix) an offense under Subsection 78B-7-806(l).(5) "Jail release agreement" means the same as that term is defined in Section 78B-7-801.(6) "Jail release court order" means the same as that term is defined in Section 78B-7-801.(7) "Marital status" means married and living together, divorced, separated, or not married.(8) "Married and living together" means a couple whose marriage was solemnized under Section 30-1-4 or 30-1-6 and who are living in the same residence.(9) "Not married" means any living arrangement other than married and living together, divorced, or separated.(10) "Protective order" includes an order issued under Subsection 78B-7-804(3).(11) "Pretrial protective order" means a written order: (a) specifying and limiting the contact a person who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and(b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803, pending trial in the criminal case.(12) "Sentencing protective order" means a written order of the court as part of sentencing in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.(13) "Separated" means a couple who have had their marriage solemnized under Section 30-1-4 or 30-1-6 and who are not living in the same residence.(14) "Victim" means a cohabitant who has been subjected to domestic violence.Amended by Chapter TBD, 2024 General Session ,§ 142, eff. 5/1/2024.Amended by Chapter TBD, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 185, 2022 General Session ,§ 17, eff. 5/4/2022.Amended by Chapter 430, 2022 General Session ,§ 47, eff. 5/4/2022.Amended by Chapter 159, 2021 General Session ,§ 4, eff. 5/5/2021.Amended by Chapter 134, 2021 General Session ,§ 2, eff. 5/5/2021.Amended by Chapter 142, 2020 General Session ,§ 11, eff. 7/1/2020.Amended by Chapter 422, 2019 General Session ,§ 1, eff. 5/14/2019.Amended by Chapter 184, 2019 General Session ,§ 3, eff. 5/14/2019.Amended by Chapter 255, 2018 General Session ,§ 5, eff. 5/8/2018.Amended by Chapter 332, 2017 General Session ,§ 2, eff. 5/9/2017.Amended by Chapter 289, 2017 General Session ,§ 4, eff. 5/9/2017.Amended by Chapter 422, 2016 General Session ,§ 1, eff. 5/10/2016.Amended by Chapter 426, 2015 General Session ,§ 1, eff. 5/12/2015.Amended by Chapter 39, 2012 General Session ,§ 4, eff. 5/8/2012.Amended by Chapter 113, 2011 General Session
Amended by Chapter 320, 2011 General Session