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Cohabitant Definition Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol S. Moss
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LONG TITLE
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General Description:
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This bill addresses the definition of cohabitant.
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Highlighted Provisions:
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This bill:
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▸ amends the definition of cohabitant;
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▸ defines terms related to the definition of cohabitant; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-2-409, as enacted by Laws of Utah 2020, Chapter 411
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78B-7-102, as last amended by Laws of Utah 2023, Chapter 170
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-2-409 is amended to read:
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76-2-409 . Battered person mitigation.
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(1) As used in this section:
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(a) "Abuse" means the same as that term is defined in Section 78B-7-102.
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[(b) "Cohabitant" means:]
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[(i) the same as that term is defined in Section 78B-7-102; or]
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[(ii) the relationship of a minor and a natural parent, an adoptive parent, a stepparent,
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or an individual living with the minor's natural parent as if a stepparent to the
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minor.]
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(b)(i) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
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(ii) "Cohabitant" includes, notwithstanding the definition in Section 78B-7-102: H.B. 305 01-23 09:45
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(A) an individual who is a minor child if the individual's parent committed the
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criminal offense; or
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(B) if the individual who committed the offense is a minor child, an individual
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who is the parent or stepparent of the minor child or an individual living with
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the minor child's parent as if a stepparent to the minor child.
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(c) "Minor child" means the same as that term is defined in Section 81-1-101.
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(d) "Parent" means the same as that term is defined in Section 81-1-101.
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(2)(a) An individual is entitled to battered person mitigation if:
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(i) the individual committed a criminal offense that was not legally justified;
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(ii) the individual committed the criminal offense against a cohabitant who
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demonstrated a pattern of abuse against the individual or another cohabitant of the
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individual; and
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(iii) the individual reasonably believed that the criminal offense was necessary to end
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the pattern of abuse.
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(b) A reasonable belief under Subsection (2)(a) is determined from the viewpoint of a
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reasonable person in the individual's circumstances, as the individual's circumstances
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are perceived by the individual.
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(3) An individual claiming mitigation under Subsection (2)(a) has the burden of proving, by
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clear and convincing evidence, each element that would entitle the individual to
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mitigation under Subsection (2)(a).
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(4) Mitigation under Subsection (2)(a) results in a one-step reduction of the level of offense
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of which the individual is convicted.
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(5)(a) If the trier of fact is a jury, an individual is not entitled to mitigation under
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Subsection (2)(a) unless the jury:
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(i) finds the individual proved, in accordance with Subsection (3), that the individual
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is entitled to mitigation by unanimous vote; and
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(ii) returns a special verdict for the reduced charge at the same time the jury returns
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the general verdict.
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(b) A nonunanimous vote by the jury on the question of mitigation under Subsection
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(2)(a) does not result in a hung jury.
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(6) An individual intending to claim mitigation under Subsection (2)(a) at the individual's
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trial shall give notice of the individual's intent to claim mitigation under Subsection
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(2)(a) to the prosecuting agency at least 30 days before the individual's trial.
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Section 2. Section 78B-7-102 is amended to read:
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78B-7-102 . Definitions.
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As used in this chapter:
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(1) "Abuse" means, except as provided in Section 78B-7-201, intentionally or knowingly
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causing or attempting to cause another individual physical harm or intentionally or
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knowingly placing another individual in reasonable fear of imminent physical harm.
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(2) "Affinity" means the same as that term is defined in Section 76-1-101.5.
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(3) "Civil protective order" means an order issued, subsequent to a hearing on the petition,
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of which the petitioner and respondent have been given notice, under:
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(a) Part 2, Child Protective Orders;
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(b) Part 4, Dating Violence Protective Orders;
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(c) Part 5, Sexual Violence Protective Orders;
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(d) Part 6, Cohabitant Abuse Protective Orders; or
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(e) Part 11, Workplace Violence Protective Orders.
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(4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
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Stalking Injunctions.
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(5)(a) "Cohabitant" means an [emancipated individual under Section 15-2-1 or an
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individual who is 16 years old or older who:] individual who:
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(i) is emancipated as described in Section 15-2-1 or is 16 years old or older; and
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[(i)] (ii)(A) is or was a spouse of the other party;
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[(ii)] (B) is or was living as if a spouse of the other party;
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[(iii)] (C) is related by blood or marriage to the other party as the individual's
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parent, grandparent, sibling, or any other individual related to the individual by
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consanguinity or affinity to the second degree;
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[(iv)] (D) has or had one or more children in common with the other party;
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[(v)] (E) is the biological parent of the other party's unborn child;
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[(vi)] (F) resides or has resided in the same residence as the other party; or
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[(vii)] (G) is or was in a consensual sexual relationship with the other party.
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[(b) "Cohabitant" does not include:]
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[(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or]
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[(ii) the relationship between natural, adoptive, step, or foster siblings who are under
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18 years old.]
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(b) "Cohabitant" does not include, if the other party is younger than 18 years old:
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(i) an individual who is the parent or step-parent of the other party; or
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(ii) an individual who is younger than 18 years old and is the sibling, step-sibling, or
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foster sibling of the other party.
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(6) "Consanguinity" means the same as that term is defined in Section 76-1-101.5.
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(7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
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Orders.
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(8) "Criminal stalking injunction" means a stalking injunction issued under Part 9, Criminal
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Stalking Injunctions.
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(9) "Court clerk" means a district court clerk.
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(10)(a) "Dating partner" means an individual who:
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(i)(A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7,
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Emancipation; or
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(B) is 18 years old or older; and
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(ii) is, or has been, in a dating relationship with the other party.
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(b) "Dating partner" does not include an intimate partner.
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(11)(a) "Dating relationship" means a social relationship of a romantic or intimate
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nature, or a relationship which has romance or intimacy as a goal by one or both
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parties, regardless of whether the relationship involves sexual intimacy.
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(b) "Dating relationship" does not include casual fraternization in a business,
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educational, or social context.
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(c) In determining, based on a totality of the circumstances, whether a dating
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relationship exists:
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(i) all relevant factors shall be considered, including:
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(A) whether the parties developed interpersonal bonding above a mere casual
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fraternization;
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(B) the length of the parties' relationship;
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(C) the nature and the frequency of the parties' interactions, including
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communications indicating that the parties intended to begin a dating
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relationship;
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(D) the ongoing expectations of the parties, individual or jointly, with respect to
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the relationship;
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(E) whether, by statement or conduct, the parties demonstrated an affirmation of
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their relationship to others; and
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(F) whether other reasons exist that support or detract from a finding that a dating
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relationship exists; and
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(ii) it is not necessary that all, or a particular number, of the factors described in
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Subsection (11)(c)(i) are found to support the existence of a dating relationship.
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(12) "Domestic violence" means the same as that term is defined in Section 77-36-1.
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(13) "Ex parte civil protective order" means an order issued without notice to the
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respondent under:
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(a) Part 2, Child Protective Orders;
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(b) Part 4, Dating Violence Protective Orders;
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(c) Part 5, Sexual Violence Protective Orders;
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(d) Part 6, Cohabitant Abuse Protective Orders; or
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(e) Part 11, Workplace Violence Protective Orders.
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(14) "Ex parte civil stalking injunction" means a stalking injunction issued without notice to
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the respondent under Part 7, Civil Stalking Injunctions.
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(15) "Foreign protection order" means the same as that term is defined in Section 78B-7-302.
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(16) "Household animal" means an animal that is tamed and kept as a pet.
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(17) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
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(18) "Law enforcement unit" or "law enforcement agency" means any public agency having
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general police power and charged with making arrests in connection with enforcement
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of the criminal statutes and ordinances of this state or any political subdivision.
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(19) "Parent" means the same as that term is defined in Section 81-1-101.
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[(19)] (20) "Peace officer" means [those individuals specified] an individual described in
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Title 53, Chapter 13, Peace Officer Classifications.
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[(20)] (21) "Qualifying domestic violence offense" means the same as that term is defined in
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Section 77-36-1.1.
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[(21)] (22) "Respondent" means the individual against whom enforcement of a protective
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order is sought.
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[(22)] (23) "Stalking" means the same as that term is defined in Section 76-5-106.5.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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