Earlier this week, we released a short video about the need to alter the current state statute on domestic violence. As it stands, the statute is a prime example of how too often the law does not judge a person’s intent, but instead only looks to see if the person violated the strict letter of the law. Domestic violence laws are meant to be used to prohibit and punish those who injure or harm others they live with—spouses, partners, roommates, etc.
But as government inevitably does, the current statute goes too far and punishes innocent people. This comes about because in Utah if you “commit any offense against property,” specifically “the property of another,” you are also committing domestic violence. On its face that seems fine, until you think back to your recent joint tax return that you filed and you realize that all your property is jointly owned with your spouse. Therefore, that property you just smashed on the ground is considered to be “the property of another”.
All of a sudden, depending on the cost of the property, you might be looking at charges up to a 2nd degree felony.