Section 76-5-114 - Commission of domestic violence in the presence of a child(1)(a) As used in this section: (i) "Cohabitant" means the same as that term is defined in Section 78B-7-102.(ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).(iii) "Domestic violence" means the same as that term is defined in Section 77-36-1.(iv) "In the presence of a child" means: (A) in the physical presence of a child; or(B) having knowledge that a child is present and may see or hear an act of domestic violence.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits domestic violence in the presence of a child if the actor: (a) commits or attempts to commit a criminal homicide offense against a cohabitant in the presence of a child;(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a cohabitant, in the presence of a child; or(c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits an act of domestic violence in the presence of a child.(3)(a) A violation of Subsection (2)(a) or (b) is a third degree felony.(b) A violation of Subsection (2)(c) is a class B misdemeanor.(4)(a) A charge under this section is separate and distinct from, and is in addition to, a charge of domestic violence in which the victim is the cohabitant.(b) Either or both charges may be filed by the prosecutor.(5) An actor who commits a violation of this section when more than one child is present is guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.Amended by Chapter 70, 2009 General Session.