76-5-208 - Child abuse homicide.
76-5-208. Child abuse homicide.
(1) Criminal homicide constitutes child abuse homicide if, under circumstances notamounting to aggravated murder, as described in Section 76-5-202, the actor causes the death ofa person under 18 years of age and the death results from child abuse, as defined in Subsection76-5-109(1):
(a) if the child abuse is done recklessly under Subsection 76-5-109(2)(b);
(b) if the child abuse is done with criminal negligence under Subsection 76-5-109(2)(c);or
(c) if, under circumstances not amounting to the type of child abuse homicide describedin Subsection (1)(a), the child abuse is done intentionally, knowingly, recklessly, or with criminalnegligence, under Subsection 76-5-109(3)(a), (b), or (c).
(2) Child abuse homicide as described in Subsection (1)(a) is a first degree felony.
(3) Child abuse homicide as described in Subsections (1)(b) and (c) is a second degreefelony.
Amended by Chapter 152, 2008 General Session