Under the Utah Criminal Code, the term “criminal homicide” is broadly defined as meaning “an act causing the death of another human being.” The factual circumstances involved and the mental state of the defendant will determine what specific charge may be filed and what the potential penalties may be.
Potential Penalties Vary Significantly
At its most extreme, aggravated murder is considered to be a “capital” crime which can carry a potential death sentence for the person charged. At the other end of the spectrum, negligent homicide — in which the death is unintentional, but the actor should have been aware of a risk and failed to exercise adequate care or caution — is punishable by up to a year in jail.
This article focuses on charges in which death is caused unintentionally.
Deaths Involving an Automobile
The Utah Criminal Code contains two separate sections addressing automobile homicide. Section 207 creates a second-degree felony if a death is caused by the actor’s negligent operation of an automobile and if the actor is impaired by alcohol or illegal drugs.
After the invention of the cell phone, Utah’s legislature enacted an additional version of automobile homicide under Section 207.5, which creates a third- or second-degree felony if a death is caused by an actor who is unlawfully using a wireless communication devise while negligently operating a motor vehicle. A third-degree felony is possible if the actor operates the vehicle with ordinary negligence. A second-degree felony charge can be filed if there is evidence that the driver acted with “criminal negligence” — meaning a gross deviation from the ordinary standard of care.
Negligent Actions Resulting in Death
A person who acts in a criminally negligent manner and thereby causes the death of another person is guilty of negligent homicide as a class A misdemeanor with a potential sentence of a year in jail. This includes cases where the death is the result of negligent operation of an automobile, so long as the driver is impaired by alcohol or drugs.
Homicide by Assault
Section 209 defines this offense as including a death caused unintentionally, but which results from an assault committed by the actor. To constitute a third-degree felony, the act must involve circumstances that do not amount to a higher-level charge of murder or manslaughter.
Cases Involving Child Abuse
A death that occurs as a result of child abuse, even though unintentional, can be punished as “child abuse homicide” – a felony offense. If the abuse is committed through negligent conduct, the charge can be filed as a second-degree felony. If committed recklessly (a higher level of culpability than negligence), the charge may be filed as a first degree felony.
IF death is caused as a result of conduct that would otherwise constitute aggravated child abuse, the case can be filed as aggravated murder, even if the death itself is unintentional.