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H.B. 310
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5 AN ACT RELATING TO CRIMINAL LAW; AMENDING ELEMENTS AND DESCRIPTIONS
6 OF CERTAIN CRIMES INVOLVING SEXUAL OFFENSES; AND MAKING
7 CORRESPONDING TECHNICAL AMENDMENTS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 31A-21-501, as enacted by Chapter 132, Laws of Utah 1997
11 53-10-403, as renumbered and amended by Chapter 263, Laws of Utah 1998
12 76-2-304.5, as last amended by Chapter 137, Laws of Utah 1996
13 76-5-407, as last amended by Chapter 137, Laws of Utah 1996
14 76-9-301.8, as last amended by Chapter 12, Laws of Utah 1994
15 76-9-702, as last amended by Chapter 137, Laws of Utah 1996
16 76-9-702.5, as last amended by Chapter 107, Laws of Utah 1996
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 31A-21-501 is amended to read:
19 31A-21-501. Definitions.
20 For purposes of this part:
21 (1) "Applicant" means:
22 (a) in the case of an individual life or disability policy, the person who seeks to contract
23 for insurance benefits; or
24 (b) in the case of a group life or disability policy, the proposed certificate holder.
25 (2) "Cohabitant" means an emancipated individual pursuant to Section 15-2-1 or an
26 individual who is 16 years of age or older who:
27 (a) is or was a spouse of the other party;
28 (b) is or was living as if a spouse of the other party;
29 (c) is related by blood or marriage to the other party;
30 (d) has one or more children in common with the other party; or
31 (e) resides or has resided in the same residence as the other party.
32 (3) "Child abuse" means the commission or attempt to commit against a child a criminal
33 offense described in:
34 (a) Title 76, Chapter 5, Part 1, Assault and Related Offenses;
35 (b) Title 76, Chapter 5, Part 4, Sexual Offenses;
36 (c) [
37 battery; or
38 (d) Section 76-9-702.5 , Lewdness Involving a Child.
39 (4) "Domestic violence" means any criminal offense involving violence or physical harm
40 or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a
41 criminal offense involving violence or physical harm, when committed by one cohabitant against
42 another and includes commission or attempt to commit, any of the following offenses by one
43 cohabitant against another:
44 (a) aggravated assault, as described in Section 76-5-103 ;
45 (b) assault, as described in Section 76-5-102 ;
46 (c) criminal homicide, as described in Section 76-5-201 ;
47 (d) harassment, as described in Section 76-5-106 ;
48 (e) telephone harassment, as described in Section 76-9-201 ;
49 (f) kidnaping, child kidnaping, or aggravated kidnaping, as described in Sections 76-5-301 ,
50 76-5-301.1 , and 76-5-302 ;
51 (g) mayhem, as described in Section 76-5-105 ;
52 (h) sexual offenses, as described in Title 76, Chapter 5, Part 4, and Title 76, Chapter 5a;
53 (i) stalking, as described in Section 76-5-106.5 ;
54 (j) unlawful detention, as described in Section 76-5-304 ;
55 (k) violation of a protective order or ex parte protective order, as described in Section
56 76-5-108 ;
57 (l) any offense against property described in Title 76, Chapter 6, Part 1, 2, or 3;
58 (m) possession of a deadly weapon with intent to assault, as described in Section
59 76-10-507 ; or
60 (n) discharge of a firearm from a vehicle, near a highway, or in the direction of any person,
61 building, or vehicle, as described in Section 76-10-508 .
62 (5) "Subject of domestic abuse" means an individual who is, has been, may currently be,
63 or may have been subject to domestic violence or child abuse.
64 Section 2. Section 53-10-403 is amended to read:
65 53-10-403. Blood analysis -- Application to offenders.
66 Sections 53-10-404 , 53-10-405 , and 53-10-406 apply to any person convicted of any of the
67 following offenses:
68 (1) unlawful sexual [
69 sexual conduct with a 16 or 17 year old, rape, rape of a child, object rape, object rape of a child,
70 forcible sodomy, sodomy of a child, forcible sexual abuse, sexual abuse of a child or aggravated
71 sexual abuse of a child, aggravated sexual assault, sexual abuse without consent of the victim,
72 incest, sexual exploitation of a minor; or
73 (2) murder or aggravated murder.
74 Section 3. Section 76-2-304.5 is amended to read:
75 76-2-304.5. Mistake as to victim's age not a defense.
76 (1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1 ;
77 rape of a child, a violation of Section 76-5-402.1 ; object rape of a child, a violation of Section
78 76-5-402.3 ; sodomy upon a child, a violation of Section 76-5-403.1 ; or sexual abuse of a child, a
79 violation of Section 76-5-404.1 ; or aggravated sexual abuse of a child, a violation of Subsection
80 76-5-404.1 (3); or an attempt to commit any of those offenses, that the actor mistakenly believed
81 the victim to be 14 years of age or older at the time of the alleged offense or was unaware of the
82 victim's true age.
83 (2) It is not a defense to the crime of unlawful sexual [
84 a violation of Section 76-5-401 , sexual abuse of a minor, a violation of Section 76-5-401.1 or an
85 attempt to commit [
86 victim to be 16 years of age or older at the time of the alleged offense or was unaware of the
87 victim's true age.
88 (3) It is not a defense to the crime of unlawful sexual conduct with a 16 or 17 year old, a
89 violation of Section 76-5-401.2 , or an attempt to commit that offense, that the actor mistakenly
90 believed the victim to be 18 years of age or older at the time of the alleged offense or was unaware
91 of the victim's true age.
92 Section 4. Section 76-5-407 is amended to read:
93 76-5-407. Applicability of part -- "Penetration" or "touching" sufficient to constitute
94 offense.
95 (1) The provisions of this part do not apply to consensual conduct between persons
96 married to each other.
97 (2) In any prosecution for:
98 (a) the following offenses, any sexual penetration, however slight, is sufficient to
99 constitute the relevant element of the offense:
100 (i) unlawful sexual activity with a minor, a violation of Section 76-5-401 , involving sexual
101 intercourse;
102 (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Subsection 76-5-401.2 ,
103 involving sexual intercourse[
104 (iii) rape, [
105
106 (b) the following offenses, any touching, however slight, is sufficient to constitute the
107 relevant element of the offense:
108 (i) unlawful sexual activity with a minor, a violation of Section 76-5-401 , involving acts
109 of sodomy or object penetration;
110 (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2 ,
111 involving acts of sodomy or object penetration;
112 (iii) sodomy, a violation of Subsection 76-5-403 (1);
113 (iv) forcible sodomy, a violation of Subsection 76-5-403 (2);
114 (v) rape of a child, a violation of Section 76-5-402.1 ; or
115 (vi) object rape of a child [
116
117 (3) In any prosecution for the following offenses, any touching, even if accomplished
118 through clothing, is sufficient to constitute the relevant element of the offense:
119 (a) sodomy on a child, a violation of Section 76-5-403.1 ; or
120 (b) sexual abuse of a child[
121
122 violation of Section 76-5-404.1 .
123 Section 5. Section 76-9-301.8 is amended to read:
124 76-9-301.8. Bestiality -- Definitions -- Penalty.
125 (1) A person commits the crime of bestiality if the actor engages in any sexual activity with
126 an animal with the intent of sexual gratification of the actor.
127 (2) For purposes of this section only:
128 (a) [
129
130 (b) [
131 (i) between the actor and the animal involving the genitals of the actor [
132 of the animal;
133 (ii) the genitals of the actor or the animal and the mouth or anus of the actor or the animal;
134 or
135 [
136 animal.
137 (3) A crime of bestiality is a class B misdemeanor.
138 Section 6. Section 76-9-702 is amended to read:
139 76-9-702. Lewdness -- Sexual battery -- Public urination.
140 (1) A person is guilty of lewdness if the person under circumstances not amounting to rape,
141 object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to
142 commit any of these offenses, performs any of the following acts under circumstances which the
143 person should know will likely cause affront or alarm to, on, or in the presence of another who is
144 14 years of age or older:
145 (a) an act of sexual intercourse or sodomy[
146 (b) exposes his or her genitals [
147 areola, the buttocks, the anus, or the pubic area;
148 (c) masturbates[
149 (d) engages in trespassory voyeurism[
150 (e) any other act of lewdness [
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152
153 (2) Lewdness is a class B misdemeanor.
154 (3) A person is guilty of [
155 not amounting to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy
156 upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child,
157 aggravated sexual assault, or an attempt to commit any of these offenses intentionally touches,
158 whether or not through clothing, the anus, buttocks, or any part of the genitals of another person,
159 or the breast of a female, and the actor's conduct is under circumstances the [
160 or should know will likely cause affront or alarm to the person touched.
161 (4) [
162 (5) A person is guilty of public urination if the person urinates or defecates:
163 (a) in a public place, other than a public rest room; and
164 (b) under circumstances which the person should know will likely cause affront or alarm
165 to another.
166 (6) Public urination is a class C misdemeanor.
167 [
168 woman otherwise may rightfully be, does not under any circumstance constitute a lewd or grossly
169 lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.
170 Section 7. Section 76-9-702.5 is amended to read:
171 76-9-702.5. Lewdness involving child.
172 (1) A person is guilty of lewdness involving a child if the person under circumstances not
173 amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child,
174 aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally
175 or knowingly does any of the following to, or in the presence of a child who is under 14 years of
176 age:
177 (a) performs an act of sexual intercourse or sodomy;
178 (b) exposes his or her genitals [
179 areola, the buttocks, the anus, or the pubic area:
180 (i) in a public place; or
181 (ii) in a private place:
182 (A) under circumstances likely to cause affront or alarm; or
183 (B) with the intent to arouse or gratify the sexual desire of the actor or the child;
184 (c) masturbates;
185 (d) engages in trespassory voyeurism;
186 (e) under circumstances not amounting to sexual exploitation of a child under Section
187 76-5a-3 , causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if
188 female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child;
189 or
190 (f) performs any other act of lewdness.
191 (2) Lewdness involving a child is a class A misdemeanor.
Legislative Review Note
as of 2-5-99 3:46 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.