Section 76-5-208 - Child abuse homicide - Penalties(1)(a) As used in this section, "child abuse" means an offense described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:(a)(i) the actor causes the death of another individual who is younger than 18 years old; and(ii) the individual's death results from child abuse; and(b)(i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).(3)(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.Amended by Chapter 111, 2023 General Session ,§ 22, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 59, eff. 5/4/2022.Amended by Chapter 152, 2008 General Session.