77-36-1. Definitions for chapter.
As used in this chapter:
(1) "Cohabitant" means the same as that term is defined in Section. 78B-7-102
(2) "Dangerous weapon" means the same as that term is defined in Section. 76-1-101.5
(3) "Department" means the Department of Public Safety.
(4) "Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4, Part 4, Divorce.
(5) "Domestic violence offense" or "domestic violence" means: an offense involving violence or physical harm, or a threat of violence or physical harm committed by one cohabitant against another cohabitant; or an attempt, a conspiracy, or a solicitation to commit an offense involving violence or physical harm committed by one cohabitant against another cohabitant. "Domestic violence offense" or "domestic violence" includes the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is: a felony or misdemeanor offense described in: Section, assault; 76-5-102 Section, propelling a bodily substance or material; 76-5-102.9 Section, aggravated assault; 76-5-103 Section, mayhem; 76-5-105 Section, harassment; 76-5-106 Section, stalking; 76-5-106.5 Section, threat of violence; 76-5-107 Section, violation of a protective order; 76-5-108 Section, aggravated abuse of a vulnerable adult; 76-5-111.2 Section, commission of domestic violence in the presence of a child; 76-5-114 Section, criminal homicide; 76-5-201 Section, kidnapping; 76-5-301 Section, aggravated kidnapping; 76-5-302 Section, human trafficking for labor; 76-5-308 Section, human trafficking for sexual exploitation; 76-5-308.1 Section, aggravated human trafficking; 76-5-310 Section, human trafficking of a vulnerable adult; 76-5-311 Title 76, Chapter 5, Part 4, Sexual Offenses; Section, distribution of an intimate image; 76-5b-203 Section, sexual extortion; 76-5b-204 Section, aggravated sexual extortion; 76-5b-204.1 Section, unlawful distribution of a counterfeit intimate image; 76-5b-205 Title 76, Chapter 6, Part 1, Property Destruction; Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass; Title 76, Chapter 6, Part 3, Robbery; Section, tampering with a witness; 76-8-508 Section, retaliation against a witness, victim, or informant; 76-8-508.3 Section, receiving or soliciting a bribe as a witness; 76-8-508.7 Section, disorderly conduct, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the actor was originally charged with an offense otherwise described in this Subsection, except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection, 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 et seq.; 76-9-102 (5) (5)(b)(i)(CC) Section, threatening with or using a dangerous weapon in a fight or quarrel; 76-11-207 Section, possession of a deadly weapon with criminal intent; 76-11-208 Section, electronic communication harassment; 76-12-202 Title 76, Chapter 12, Part 3, Privacy Offenses; Section, aggravated cruelty to an animal, if the intent is to harass or threaten the cohabitant; 76-13-203 Section, improper discharging of a dangerous weapon; or 76-11-209 Subsection, for a violation of a jail release court order or jail release agreement; or 78B-7-806(1) a felony or class A misdemeanor offense described in: Section, abuse of a vulnerable adult; 76-5-111 Section, personal dignity exploitation of a vulnerable adult; or 76-5-111.3 Section, financial exploitation of a vulnerable adult. 76-5-111.4 "Domestic violence offense" or "domestic violence" does not include the commission of, or an attempt to commit, an offense by one cohabitant against another cohabitant that is a class B or class C misdemeanor offense that is described in: Section, abuse of a vulnerable adult; 76-5-111 Section, personal dignity exploitation of a vulnerable adult; or 76-5-111.3 Section, financial exploitation of a vulnerable adult. 76-5-111.4
(6) "Jail release agreement" means the same as that term is defined in Section. 78B-7-801
(7) "Jail release court order" means the same as that term is defined in Section. 78B-7-801
(8) "Marital status" means married and living together, divorced, separated, or not married.
(9) "Married and living together" means a couple whose marriage was solemnized under Sectionorand who are living in the same residence. 81-2-305 81-2-407
(10) "Not married" means any living arrangement other than married and living together, divorced, or separated.
(11) "Protective order" includes an order issued under Subsection. 78B-7-804(3)
(12) "Pretrial protective order" means a written order: specifying and limiting the contact an individual who has been charged with a domestic violence offense may have with an alleged victim or other specified individuals; and specifying other conditions of release under Sectionor, pending trial in the criminal case. 78B-7-802 78B-7-803
(13) "Protective order" includes an order issued under Subsection. 78B-7-804(3)
(14) "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
(15) "Separated" means a couple who have had their marriage solemnized under Sectionorand who are not living in the same residence. 81-2-305 81-2-407
(16) "Serious bodily injury" means the same as that term is defined in Section. 76-1-101.5
(17) "Victim" means a cohabitant who has been subjected to domestic violence.