Title 76, Criminal Offenses

76-7-105. Unlawfully marrying a minor. (1)(a) As used in this section, "minor" means an individual who is younger than 18 years old. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unlawfully marrying a minor if: (a) the actor is 18 years old o…

76-7-106. Parent or guardian unlawfully consenting or allowing an illegal marriage. (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits parent or gu…

76-7-107. Unlawfully solemnizing a marriage of a minor. (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unlawfully solemnizing a marriage of a m…

76-7-108. Fraudulently acting as a parent or guardian for a minor's marriage. (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits fraudulently actin…

76-7-109. Transporting a minor out of state for an illegal marriage. (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits transporting a minor out of…

76-7-110. Traveling out of state to marry a minor. (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits traveling out of state to marry a minor if: (…

76-7-201. Criminal nonsupport. (1) A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, the person knowingly fails to provide for the support of a spouse, child, or children when any one of them: (a) is in needy circumstances; …

76-7-202. Orders for support in criminal nonsupport proceedings. (1) In any proceeding under Section 76-7-201, the court may, instead of imposing the punishments otherwise prescribed, issue an order directing the defendant to periodically pay a sum to the Office of Recovery Servi…

76-7-203. Sale of child -- Felony -- Payment of adoption related expenses. (1) For purposes of this section: (a) "Adoption related expenses" means expenses that: (i) are reasonably related to the adoption of a child; (ii) are incurred for a reasonable amount; and (iii) may includ…

76-7-301. Definitions. As used in this part: (1)(a) "Abortion" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. (b) "Abortion" …

76-7-301.1. Preamble -- Findings and policies of Legislature. (1) It is the finding and policy of the Legislature, reflecting and reasserting the provisions of Article I, Sections 1 and 7, Utah Constitution, which recognize that life founded on inherent and inalienable rights is …

76-7-301.5. Relationship to criminal homicide. (1) This part does not apply to the killing or attempted killing of a live unborn child in any manner that is not an abortion. (2) The killing or attempted killing of a live unborn child in a manner that is not an abortion shall be p…

76-7-302. Circumstances under which abortion authorized. (1) An abortion may be performed in this state only by a physician. (2) An abortion may be performed in this state only under the following circumstances: (a) the unborn child has not reached 18 weeks gestational age; (b) t…

76-7-302.4. Abortion restriction of an unborn child with Down syndrome. Notwithstanding any other provision of this part, an abortion may not be performed if the pregnant mother's sole reason for the abortion is that the unborn child has or may have Down syndrome, unless the abor…

76-7-303. Concurrence of attending physician based on medical judgment. No abortion may be performed in this state without the concurrence of the attending physician, based on the attending physician's best medical judgment.

76-7-304. Considerations by physician -- Notice to a parent or guardian -- Exceptions. (1) To enable the physician to exercise the physician's best medical judgment, the physician shall consider all factors relevant to the well-being of a pregnant woman upon whom an abortion is t…

76-7-304.5. Consent required for abortions performed on minors -- Division of Child and Family Services as guardian of a minor -- Hearing to allow a minor to self-consent -- Appeals. (1) In addition to the other requirements of this part, a physician may not perform an abortion o…

76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory -- Exceptions. (1) A person may not perform an abortion, unless, before performing the abortion, the physician who will perform the abortion obtains from the woman on whom the abortion is to be perform…

76-7-305.5. Requirements for information module and website. (1) In order to ensure that a woman's consent to an abortion is truly an informed consent, the department shall, in accordance with the requirements of this section, develop an information module and maintain a public w…

76-7-306. Refusal to participate, admit, or treat for abortion based on religious or moral grounds -- Cause of action. (1) As used in this section: (a) "Conscience" means the same as that term is defined in Section 63G-33-301. (b) "Health care facility" means the same as that ter…

76-7-307. Medical procedure required to save life of unborn child. If an abortion is performed when the unborn child is sufficiently developed to have any reasonable possibility of survival outside its mother's womb, the medical procedure used must be that which, in the best medi…

76-7-308. Medical skills required to preserve life of unborn child. Consistent with the purpose of saving the life of the woman or preventing grave damage to the woman's medical health, the physician performing the abortion must use all of the physician's medical skills to attemp…

76-7-308.5. Administration of anesthetic or analgesic to an unborn child. A physician who performs an abortion of an unborn child who is at least 20 weeks gestational age shall administer an anesthetic or analgesic to eliminate or alleviate organic pain to the unborn child caused…

76-7-309. Pathologist's report. Any human tissue removed during an abortion shall be submitted to a pathologist who shall make a report, including whether: (1) the pregnancy was aborted by evacuating the uterus; and (2) a medical record indicates that, through a prenatal screenin…

76-7-310. Experimentation with unborn children prohibited -- Testing for genetic defects. Live unborn children may not be used for experimentation, but when advisable, in the best medical judgment of the physician, may be tested for genetic defects.

76-7-310.5. Prohibition of specified abortion procedures -- Viability defined. (1) As used in this section, "saline abortion procedure" means performance of amniocentesis and injection of saline into the amniotic sac within the uterine cavity. (2)(a) After viability has been dete…

76-7-311. Selling and buying unborn children prohibited. Selling, buying, offering to sell and offering to buy unborn children is prohibited.

76-7-312. Intimidation or coercion to obtain abortion prohibited. No person shall intimidate or coerce in any way any person to obtain an abortion.

76-7-313. Department's enforcement responsibility -- Physician's report to department -- Reporting. (1) In order for the department to maintain necessary statistical information and ensure enforcement of the provisions of this part: (a) any physician performing an abortion must o…

76-7-314. Violations of abortion laws -- Classifications. (1) An intentional violation of Section 76-7-307, 76-7-308, 76-7-310, 76-7-310.5, 76-7-311, or 76-7-312 is a felony of the third degree. (2) A violation of Section 76-7-326 is a felony of the third degree. (3) A violation …

76-7-314.5. Killing an unborn child. (1) A person is guilty of killing an unborn child if the person intentionally causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302(2). (2) A woman is not crimin…

76-7-315. Exceptions to certain requirements in serious medical emergencies. When due to a serious medical emergency, time does not permit compliance with Section 76-7-302, 76-7-305, 76-7-305.5, 76-7-308.5, or 76-7-310.5 the provisions of those sections do not apply.

76-7-316. Actions not precluded. Nothing in this part shall preclude any person believing himself aggrieved by another under this part, from bringing any other action at common law or other statutory provision.

76-7-317. Severability clause. If any one or more provision, section, subsection, sentence, clause, phrase, or word of this part or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance o…

76-7-321. Contraceptive and abortion services -- Funds -- Minor -- Definitions. As used in Sections 76-7-321 through 76-7-325: (1) "Abortion services" means any material, program, plan, or undertaking which seeks to promote abortion, encourages individuals to obtain an abortion, …

76-7-322. Public funds for provision of contraceptive or abortion services restricted. No funds of the state or its political subdivisions shall be used to provide contraceptive or abortion services to an unmarried minor without the prior written consent of the minor's parent or …

76-7-323. Public funds for support entities providing contraceptive or abortion services restricted. No agency of the state or its political subdivisions shall approve any application for funds of the state or its political subdivisions to support, directly or indirectly, any org…

76-7-324. Violation of restrictions on public funds for contraceptive or abortion services as misdemeanor. Any agent of a state agency or political subdivision, acting alone or in concert with others, who violates Section 76-7-322, 76-7-323, or 76-7-331 is guilty of a class B mis…

76-7-325. Notice to parent or guardian of minor requesting contraceptive -- Definition of contraceptives -- Penalty for violation. (1) Any person before providing contraceptives to a minor shall notify, whenever possible, the minor's parents or guardian of the service requested t…

76-7-326. Partial birth abortions prohibited. Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined or imprisoned, or both, as provided under this part. This section does not apply to a partial birth abortion that is necessar…

76-7-327. Remedies for father or maternal grandparents. (1) The father, if married to the mother at the time she receives a partial birth abortion, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a…

76-7-328. Hearing to determine necessity of physician's conduct. (1) A physician accused of an offense under Section 76-7-326 may seek a hearing before the Medical Licensing Board created in Section 58-67-201 on whether the physician's conduct was necessary to save the life of th…

76-7-330. Contingent continuance of prior law. (1) If the implementation of Section 76-7-326 enacted by this bill is stayed or otherwise ordered by a court of competent jurisdiction to not be implemented, beginning on the day on which the implementation of Section 76-7-326 is sta…

76-7-331. Public funding of abortion forbidden. (1) As used in this section, "damage to a major bodily function" refers only to injury or impairment of a physical nature and may not be interpreted to mean mental, psychological, or emotional harm, illness, or distress. (2) Public …

76-7-332. Drugs known to be used for abortion -- Prescriber limitation -- Criminal penalties -- Pharmacy presumption for other use. (1) As used in the section, "abortion-related drug" means a drug or medication that is known to be used for the purpose of performing an abortion, a…

76-7-401. Definitions. As used in this part: (1) "Assisted reproductive treatment" means a method of causing pregnancy by any means other than through sexual intercourse, including: (a) intrauterine or intracervical insemination; (b) donation of eggs or sperm; (c) donation of emb…