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.
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Unconstitutional Vagueness
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Unconstitutional Overbreadth
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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.

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