Utah Cohabitant Abuse Act Defense Attorney

Challenging the Constitutionality of Utah’s Domestic Violence Enhanced Penalties

The Utah Cohabitant Abuse Act provides for enhanced penalties for a second or subsequent conviction for certain domestic violence offenses. Utah Code 77-36-1 et seq. For purposes of the Utah Cohabitant Abuse Act, the term “cohabitant is defined under Utah Code 78B-7-102 as follows:

"Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who is 16 years of age or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has or had one or more children in common with the other party;
(e) is the biological parent of the other party's unborn child; or
(f) resides or has resided in the same residence as the other party.
 
A challenge was brought against this statute in the Utah Court of Appeals case of State v. Salt, 2015 UT App 72, arguing that the definition of “cohabitant” is unconstitutionally vague and overbroad. Specifically, the defendant in the Salt case challenged the provisions of the definition which includes a person who “resides or has resided in the same residence as [the victim].”

The Court of Appeals affirmed the defendant’s conviction, holding that the statutory definition of “cohabitant” was neither unconstitutionally vague nor overbroad. However, the statute may still be open to challenge.

The following pages will present information and analysis of the issues of unconstitutional vagueness and overbreadth as raised in Salt. They will also address potential challenges to the Salt decision on the issue of overbreadth as well as a challenge to the statute on the basis of an equal protection argument.

- Unconstitutional Vagueness
- Unconstitutional Overbreadth
- Equal Protection Violations

Criminal Defense Attorney for Domestic Violence Charges in Salt Lake City

If you are facing prosecution for a domestic violence offense, with or without enhanced penalties, the consequences can be serious. Having the assistance of an experienced criminal defense attorney can be vital. Contact us now to arrange for an initial confidential consultation with Utah criminal lawyer Stephen Howard.