Does a Child Abuse Conviction Prevent You from Homeschooling?

 Posted on May 08, 2025 in Sex crimes

Currently, in the state of Utah, parents who want to remove their child from public school and homeschool must sign an affidavit, swearing they have never been convicted or credibly accused of child abuse. If a parent could not do this, he or she was not allowed to homeschool. Some school districts took the issue further and began conducting background checks on parents who pulled their children from public school to homeschool.

The response was that many parents felt like these background checks were a huge invasion of their privacy. In January 2025, HB209 was introduced. This bill would entirely remove the requirement that the parents sign an affidavit, and would also prohibit background checks by the schools. There are proponents and opponents of the new bill.

Opponents point to two recent high-profile examples of Utah parents who took their children out of public school to homeschool and then abused them. One child died from organ failure after prolonged abuse; if the child had been in public school, his death could have potentially been prevented. Proponents of the bill say laws related to child abuse should remain in Utah’s criminal law rather than in homeschooling permissions.

Setting the homeschooling issue aside, the long-term consequences of a child abuse or child sexual abuse conviction are significant. If you have been accused of these crimes, it is definitely in your best interests to speak to a knowledgeable Salt Lake City, UT criminal defense attorney. Your attorney will look at the facts and circumstances of your charges and build a strong defense on your behalf.   

Child Abuse Charges in Utah

Under Utah Statute 76-5-109, child abuse involves physical injuries, while aggravated child abuse involves serious physical injuries. Physical injuries are bruises, contusions, lacerations, abrasions, or issues like failure to thrive, malnutrition, or any condition that imperils a child’s health or welfare.

Serious physical injury involves physical torture, causes serious emotional harm, involves a serious risk of death, or seriously impairs the child’s health. A serious physical injury might include bone fractures, intracranial bleeding, severe burns, damage to internal organs, or other forms of severe injury.

Conduct resulting in starvation, causing permanent disfigurement, or resulting in severe emotional harm to a child is also considered a serious physical injury. Child abuse charges may be filed as a misdemeanor or a felony. When serious physical injury was knowingly or intentionally inflicted on a child, second-degree felony charges could be filed. A conviction carries a maximum sentence of up to 15 years in prison.

Child Sex Abuse Charges in Utah

Sexual abuse of a minor has no statute of limitations in Utah. A person commits sexual abuse of a child if he or she touches the child’s anus, buttocks, or genitalia of a child, the breast of a female child, or otherwise takes indecent liberties with a child for the purpose of sexual gratification.

Aggravated sexual abuse of a minor could include a weapon, force, duress, violence, intimidation, menace or threat of harm, kidnapping, bodily injury, or severe psychological injury to the child. Sexual abuse of a minor can be charged as a class A misdemeanor, depending on the circumstances. Aggravated sexual abuse of a minor can be charged as a first-degree felony, with the possibility of life in prison without parole.

Collateral Consequences of Child Abuse or Sexual Abuse of a Child

The stigma associated with child abuse and child sexual abuse is significant. After a conviction for either crime, obtaining employment, going to college on a federal student loan, obtaining a professional certification, or even renting an apartment can be difficult. While child abuse and child sexual abuse are serious, there are instances when an adult pressures a child into making up allegations of abuse.

Contact a Davis County, UT Defense Lawyer

Do not wait if you have been accused of child abuse or child sexual abuse. It is important to speak to a Salt Lake City, UT crimes against children attorney from Collins Rupp, P.C. by calling 385-777-2753 to request a free consultation. Our attorneys are highly experienced in these areas and will work hard for the best outcome possible.