First Substitute H.B. 10

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 13, 2013 at 3:20 PM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 21, 2013 at 3:06 PM by lpoole. -->

Senator John L. Valentine proposes the following substitute bill:

1 SEX OFFENSE AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Richard A. Greenwood
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding sexual offenses against children who are
10 16 or 17 years of age.
11 Highlighted Provisions:
12 This bill:
13 . changes the offense of unlawful sexual conduct with a minor who is 16 or 17 years
14 of age to provide that the offense applies to a defendant who knowingly,
15 intentionally, or recklessly commits specific sexual acts with the minor and the
16 defendant is seven or more years older, but fewer than 10 years older than the
17 victim; and
18 . modifies the provision regarding mistake regarding victim's age to provide that it is
19 not a defense to the crime of unlawful sexual conduct with a minor who is 16 or 17
20 years of age, that the actor mistakenly believed the victim to be 18 years of age or
21 older at the time of the alleged offense, if the actor is 10 or more years older than
22 the victim.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:

26 S. [ None ] This bill provides an immediate effective date. .S
27 Utah Code Sections Affected:
28 AMENDS:
29 76-2-304.5, as last amended by Laws of Utah 2003, Chapter 149
30 76-5-401.2, as last amended by Laws of Utah 2008, Chapter 275
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 76-2-304.5 is amended to read:
34 76-2-304.5. Mistake as to victim's age not a defense.
35 (1) It is not a defense to the crime of child kidnaping, a violation of Section
36 76-5-301.1 ; rape of a child, a violation of Section 76-5-402.1 ; object rape of a child, a violation
37 of Section 76-5-402.3 ; sodomy upon a child, a violation of Section 76-5-403.1 ; or sexual abuse
38 of a child, a violation of Section 76-5-404.1 ; or aggravated sexual abuse of a child, a violation
39 of Subsection 76-5-404.1 (4); or an attempt to commit any of those offenses, that the actor
40 mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense
41 or was unaware of the victim's true age.
42 (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
43 of Section 76-5-401 , sexual abuse of a minor, a violation of Section 76-5-401.1 , or an attempt
44 to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
45 of age or older at the time of the alleged offense or was unaware of the victim's true age.
46 (3) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
47 of Section 76-5-401.2 (2)(a)(ii) that the actor mistakenly believed the victim to be 18 years of
48 age or older at the time of the alleged offense or was unaware of the victim's true age.
49 Section 2. Section 76-5-401.2 is amended to read:
50 76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
51 (1) As used in this section, "minor" means a person who is 16 years of age or older, but
52 younger than 18 years of age, at the time the sexual conduct described in Subsection (2)
53 occurred.
54 (2) (a) A person commits unlawful sexual conduct with a minor if, under
55 circumstances not amounting to an offense listed under Subsection (3), S. [ an actor ] a person .S
55a who is [10 or
56 more]:

57 (i) seven or more years older but less than 10 years older than the minor at the time of
58 the sexual conduct[:] S. [knowingly, intentionally, or recklessly] .S engages in any conduct listed in
59 Subsection (2)(b) S. , and the person knew or reasonably should have known the age of the
59a minor .S ; or
60 (ii) 10 or more years older than the minor at the time of the sexual conduct and engages
61 in any conduct listed in Subsection (2)(b).
62 (b) As used in Subsection (2)(a), "sexual conduct" refers to when the person:
63 [(a)] (i) has sexual intercourse with the minor;
64 [(b)] (ii) engages in any sexual act with the minor involving the genitals of one person
65 and the mouth or anus of another person, regardless of the sex of either participant;
66 [(c)] (iii) causes the penetration, however slight, of the genital or anal opening of the
67 minor by any foreign object, substance, instrument, or device, including a part of the human
68 body, with the intent to cause substantial emotional or bodily pain to any person or with the
69 intent to arouse or gratify the sexual desire of any person, regardless of the sex of any
70 participant; or
71 [(d)] (iv) touches the anus, buttocks, or any part of the genitals of the minor, or touches
72 the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a
73 minor to take indecent liberties with the actor or another person, with the intent to cause
74 substantial emotional or bodily pain to any person or with the intent to arouse or gratify the
75 sexual desire of any person regardless of the sex of any participant.
76 (3) The offenses referred to in Subsection (2) are:
77 (a) (i) rape, in violation of Section 76-5-402 ;
78 (ii) object rape, in violation of Section 76-5-402.2 ;
79 (iii) forcible sodomy, in violation of Section 76-5-403 ;
80 (iv) forcible sexual abuse, in violation of Section 76-5-404 ; or
81 (v) aggravated sexual assault, in violation of Section 76-5-405 ; or
82 (b) an attempt to commit any offense under Subsection (3)(a).
83 (4) A violation of Subsection [(2)(a), (b), or (c)] (2)(b)(i), (ii), or (iii) is a third degree
84 felony.
85 (5) A violation of Subsection [(2)(d)] (2)(b)(iv) is a class A misdemeanor.
85a S. Section 3. Effective date.
85b If approved by two-thirds of all the members elected to each house, this bill takes effect
85c upon approval by the governor, or the day following the constitutional time limit of Utah
85d Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
85e the date of veto override. .S

[Bill Documents]