Tyrel Scott Belone and Amber Lee Leary were both charged on Tuesday with attempted aggravated murder, aggravated child abuse and child torture, all first-degree felonies.

It’s the second time child torture charges have been filed in Utah, the state judiciary confirmed on Thursday, and the first case since the new law took effect on May 7. In late May, prosecutors in 7th District Court in Castle Dale filed an amended complaint charging Timothy James Soots and Jesica Lynn Stoops with the new crime. However, the initial charges were filed in December 2024, in a crime that allegedly occurred in May 2023.

This week’s charges stem from SB24, a bill sponsored by Sen. Don Ipson, R-St. George, that passed with broad support earlier this year, receiving one “no” vote in the Senate and two in the House. The bill was partly inspired by a notorious case of child abuse in Ipson’s district involving Franke and her associate, Jodi Hildebrandt.

Franke was a popular family vlogger whose YouTube channel, 8 Passengers, had nearly 2.5 million followers. Allegations of child abuse dogged Franke and in September 2023, she was arrested after her 12-year-old malnourished child ran to a neighbor’s door asking for help.

The child, who escaped from Hildebrandt’s home, had “open wounds and duct tape around” their extremities, according to a police report. Police then found Franke’s 10-year-old child in Hildebrandt’s home, also malnourished.

Both Franke and Hildebrandt were sentenced to four one-to-15 year prison terms for child abuse.

Previously, if a child died from abuse in Utah, prosecutors could pursue stiff charges, including homicide. When they survive, “there is nothing that adequately addresses what happens to these children,” said Eric Clarke, the Washington County attorney whose office prosecuted Franke and Hildebrandt, speaking to lawmakers last year.

SB24 created a new criminal penalty called child torture, defined as “a serious injury that is inflicted in an exceptionally cruel or exceptionally depraved manner that causes the child to experience extreme physical or psychological pain or anguish.” It can also include conduct that takes place “over a prolonged period of time.” The law requires a 10-year minimum prison sentence, in most cases.

The law is aimed at the worst cases of child abuse — during the legislative session, one advocate described it as being a “POW in your own home.”

And according to Salt Lake District Attorney Sim Gill, the alleged abuse from Belone and Leary meets the high bar now outlined in state code.

According to court documents, Sandy police responded to a reported assault on June 28 involving a 3-year-old child. When officers found the child, she was unconscious and was covered in bruises.

After speaking with both Leary and Belone, detectives confirmed multiple instances of child abuse, according to the charges. Belone told officers he threw the child on the bed, where she hit the wall with her face; he admitted to spanking and using an open hand to strike her face; he said he hit her with a closed fist and slapped her in the bathroom, causing her to fall.

“I have knocked her a couple times,” Belone told officers, according to court documents.

Prosecutors described the girl being so bruised after being alone with Belone that her eyes were swollen shut, leading Leary to keep her in the house where she wouldn’t be seen for several days.

Leary was in the bedroom during at least one of Belone’s alleged attacks, and charges state that she “has never physically gotten between him” and the child.

Prosecutors say that as the child was injured and unresponsive, Belone wouldn’t let Leary call police, telling her, “If you call, I’ll go to jail, you don’t have any money, you don’t have any friends.” Leary then told Belone she needed to have a smoke, and stepped outside and called 911.

“If you are a parent who is struggling with your children, please ask for help from friends or family or outside organizations that can help you. As parents, we are meant to protect and raise our children in a healthy environment where they can flourish,” said Gill in a statement. “We appreciate the thorough investigation done by Sandy Police Department that helped lead to these charges being filed. All persons accused of wrongdoing are presumed innocent unless and until proven guilty in a court of law.”

Utah News Dispatch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.