(1)
(a) As used in this section:
- (i) "Assault" means an offense under Section 76-5-102.
- (ii) "Child welfare worker" means an employee of the Division of Child and Family Services created in Section 80-2-201.
- (iii) "Family member" means an individual's spouse, surviving spouse, parent, grandparent, sibling, child, or any other individual related to the individual by consanguinity or affinity to the second degree.
- (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits assault against a child welfare worker or a family member of a child welfare worker if:
- (a) the actor commits, or attempts to commit, an assault against a child welfare worker or a family member of a child welfare worker;
- (b) the actor knows that the individual described in Subsection (2)(a) is a child welfare worker or a family member of a child welfare worker; and
(c) the assault, or attempted assault, described in Subsection (2)(a) is committed:
- (i) against a child welfare worker at the time the child welfare worker is acting within the scope of the child welfare worker's authority; or
(ii) against a child welfare worker or a family member of the child welfare worker with the intent to:
- (A) impede, intimidate, or interfere with the performance of the child welfare worker's official duties; or
- (B) retaliate against the child welfare worker because of the performance of the child welfare worker's official duties.
(3)
- (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if the actor:
- (i) causes substantial bodily injury; and
- (ii) acts intentionally or knowingly.
- (4) This section does not apply to an actor who is a minor in the custody of, or receiving services from, a division within the Department of Health and Human Services.
Amended by Chapter 537, 2025 General Session