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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding the crime of human trafficking of
10 a child.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that mistakenly believing a victim to be 18 years of age or older at the time
14 of the alleged offense is not a defense to the crime of human trafficking of a child.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-2-304.5, as last amended by Laws of Utah 2013, Chapters 34 and 196
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-2-304.5 is amended to read:
25 76-2-304.5. Mistake as to victim's age not a defense.
26 (1) It is not a defense to the crime of child kidnapping, a violation of Section
27 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation
28 of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a
29 child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of
30 Subsection 76-5-404.1(4); or an attempt to commit any of these offenses, that the actor
31 mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense
32 or was unaware of the victim's true age.
33 (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
34 of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt
35 to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
36 of age or older at the time of the alleged offense or was unaware of the victim's true age.
37 (3) It is not a defense to the crime of aggravated human trafficking or aggravated
38 human smuggling, a violation of Section 76-5-310, or human trafficking of a child, a violation
39 of Section 76-5-308.5, that the actor mistakenly believed the victim to be 18 years of age or
40 older at the time of the alleged offense or was unaware of the victim's true age.
41 (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
42 of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
43 of age or older at the time of the alleged offense or was unaware of the victim's true age.
44 (5) It is not a defense to any of the following crimes that the actor mistakenly believed
45 the victim to be 18 years of age or older at the time of the alleged offense or was unaware of
46 the victim's true age:
47 (a) patronizing a prostitute, a violation of Section 76-10-1303;
48 (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or
49 (c) sexual solicitation, a violation of Section 76-10-1313.
Legislative Review Note
Office of Legislative Research and General Counsel