Utah Cohabitant Abuse Act Defense Attorney
Utah's Cohabitant Abuse Act imposes enhanced penalties for cohabitants who have been previously convicted of a crime of
domestic violence. If you are facing prosecution for domestic violence in Utah, the assistance of an
experienced criminal
defense attorney is critical.
Contact us today to arrange for an initial confidential consultation.
Challenging Utah’s Domestic Violence
Enhanced Penalties for Unconstitutional Vagueness
Is the term “cohabitant” unconstitutionally vague?
The
Utah Cohabitant Abuse Act
creates enhanced penalties for “cohabitants” in certain domestic
violence cases. A “cohabitant” who has been previously convicted of a
domestic violence offense can face stiffer penalties. Not only can the
court impose more jail time or higher fines, but a simple
misdemeanor charge can in some circumstances be enhanced to a
felony based on prior convictions.
In the Utah Court of Appeals case of
State v. Salt,
2015 UT App 72, the defendant challenged the constitutionality of
Utah’s domestic violence enhancements. Specifically, the defendant
argued that the definition of the term “cohabitant” was
unconstitutionally vague where it includes both individuals who
currently reside together as well as individuals who have previously
shared a residence.
Unconstitutional Statutory Vagueness
Utah
courts have held that a statute is unconstitutionally vague when it
“fails to provide people of ordinary intelligence a reasonable
opportunity to understand what conduct it prohibits” or if it
“authorizes or even encourages arbitrary and discriminatory
enforcement.”
State v. Ansari,
2004 UT App 326. The basis of the defendant’s argument in Salt was that
the statute failed to provide sufficient notice to potential defendants
of what behavior is prohibited. Specifically, he argued that the
statute did not put him on notice that he was permanently classified as
a “cohabitant” simply because he had at one time shared a residence
with the alleged victim.
Burden of Persuasion
A
defendant challenging a statute for unconstitutional vagueness bears a
particularly heavy burden, as the defendant must show that the statute
is impermissibly vague in all of its applications.
See,
Ansari,
2004 UT App 326. Because the law must be vague “in all of its
applications” to be found unconstitutional, a defendant who has engaged
in conduct that is clearly covered by a statute cannot challenge the
vagueness of the law as it might be applied to others not similarly
situated.
Id.
Utah Court of Appeals’ Analysis
The
court in Salt noted that the legislature’s intent in creating this
broad class of cohabitants appears to be to protect individuals “in ‘a
variety of significant relationships’ from the increased vulnerability
to abuse that those relationships may create, even after they
end.”
Salt, 2015 UT App 72 (citing
Keene v. Bonser,
2005 UT App 37). The court in Salt further noted that the defendant had
been involved in a romantic relationship with the victim, and that they
had lived together for approximately two years. The court also observed
that the alleged offense arose only two months after they had stopped
living together, during a discussion that related directly to their
relationship.
Finding that the relationship between the
defendant and victim “fell within the central focus of the act’s
definition of ‘cohabitant,’” the court held that the statute did
provide “people of ordinary intelligence” with fair notice of what was
prohibited. Thus, the defendant’s challenge for unconstitutional
vagueness failed.
Other Potential Challenges to the Utah Cohabitant Abuse Act Enhanced Penalties
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Unconstitutional Overbreadth-
Equal Protection ViolationsFinding a Utah Criminal Attorney for Domestic Violence in Salt Lake City

If you are facing prosecution for
domestic violence or other criminal
charges in Utah, it is vital to have the assistance of an experienced
criminal defense lawyer. Stephen Howard has a
track record of achieving
real results for his clients.
Contact us today to arrange for an
initial confidential consultation.