State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-07 > 76-7-201

76-7-201. Criminal nonsupport.
(1) A person commits criminal nonsupport if, having a spouse, a child, or children underthe age of 18 years, he knowingly fails to provide for the support of the spouse, child, or childrenwhen any one of them:
(a) is in needy circumstances; or
(b) would be in needy circumstances but for support received from a source other thanthe defendant or paid on the defendant's behalf.
(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
(3) Criminal nonsupport is a felony of the third degree if the actor:
(a) has been convicted one or more times of nonsupport, whether in this state, any otherstate, or any court of the United States;
(b) committed the offense while residing outside of Utah; or
(c) commits the crime of nonsupport in each of 18 individual months within any24-month period, or the total arrearage is in excess of $10,000.
(4) For purposes of this section "child" includes a child born out of wedlock whosepaternity has been admitted by the actor or has been established in a civil suit.
(5) (a) In a prosecution for criminal nonsupport under this section, it is an affirmativedefense that the accused is unable to provide support. Voluntary unemployment orunderemployment by the defendant does not give rise to that defense.
(b) Not less than 20 days before trial the defendant shall file and serve on the prosecutingattorney a notice, in writing, of his intention to claim the affirmative defense of inability toprovide support. The notice shall specifically identify the factual basis for the defense and thenames and addresses of the witnesses who the defendant proposes to examine in order toestablish the defense.
(c) Not more than 10 days after receipt of the notice described in Subsection (5)(b), or atsuch other time as the court may direct, the prosecuting attorney shall file and serve the defendantwith a notice containing the names and addresses of the witnesses who the state proposes toexamine in order to contradict or rebut the defendant's claim.
(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles theopposing party to a continuance to allow for preparation. If the court finds that a party's failure tocomply is the result of bad faith, it may impose appropriate sanctions.

Amended by Chapter 89, 1999 General Session