1     
CYBER EXPLOITATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to criminal sexual offenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines the crimes of sexual extortion and aggravated sexual extortion;
13          ▸     provides criminal penalties for the crimes of sexual extortion and aggravated sexual
14     extortion;
15          ▸     provides that aggravated sexual extortion is a registerable offense under the Sex and
16     Kidnap Offender Registry; and
17          ▸     defines terms.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          77-41-102, as last amended by Laws of Utah 2016, Chapter 372
25          77-41-106, as last amended by Laws of Utah 2015, Chapter 210
26     ENACTS:
27          76-5b-204, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 76-5b-204 is enacted to read:
31          76-5b-204. Sexual extortion -- Penalties.
32          (1) As used in this section:
33          (a) "Adult" means an individual 18 years of age or older.
34          (b) "Child" means any individual under the age of 18.
35          (c) "Distribute" means the same as that term is defined in Section 76-5b-203.
36          (d) "Intimate image" means the same as that term is defined in Section 76-5b-203.
37          (e) "Position of special trust" means the same as that term is defined in Section
38     76-5-401.1.
39          (f) "Sexually explicit conduct" means the same as that term is defined in Subsection
40     76-5b-203(1)(c).
41          (g) "Simulated sexually explicit conduct" means the same as that term is defined in
42     Section 76-5b-203.
43          (h) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.
44          (2) An individual who is 18 years old or older commits the offense of sexual extortion
45     if the individual:
46          (a) with an intent to coerce a victim to engage in sexual contact, in sexually explicit
47     conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an
48     image, video, or other recording of any individual naked or engaged in sexually explicit
49     conduct, communicates in person or by electronic means a threat:
50          (i) to the victim's person, property, or reputation; or
51          (ii) to distribute an intimate image or video of the victim; or
52          (b) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct,
53     or in simulated sexually explicit conduct, or to produce, provide, or distribute any image,
54     video, or other recording of any individual naked or engaged in sexually explicit conduct by
55     means of a threat:
56          (i) to the victim's person, property, or reputation; or
57          (ii) to distribute an intimate image or video of the victim.

58          (3) (a) Sexual extortion is a third degree felony.
59          (b) Aggravated sexual extortion of an adult is a second degree felony.
60          (c) Aggravated sexual extortion of a child or a vulnerable adult is a first degree felony.
61          (4) An individual commits aggravated sexual extortion when, in conjunction with the
62     offense described in Subsection (2), any of the following circumstances have been charged and
63     admitted or found true in the action for the offense:
64          (a) the victim is a child or vulnerable adult;
65          (b) the offense was committed by the use of a dangerous weapon, as defined in Section
66     76-1-601, or by violence, intimidation, menace, fraud, or threat of physical harm, or was
67     committed during the course of a kidnapping;
68          (c) the individual caused bodily injury or severe psychological injury to the victim
69     during or as a result of the offense;
70          (d) the individual was a stranger to the victim or became a friend of the victim for the
71     purpose of committing the offense;
72          (e) the individual, before sentencing for the offense, was previously convicted of any
73     sexual offense;
74          (f) the individual occupied a position of special trust in relation to the victim;
75          (g) the individual encouraged, aided, allowed, or benefitted from acts of prostitution or
76     sexual acts by the victim with any other individual, or sexual performance by the victim before
77     any other individual, human trafficking, or human smuggling; or
78          (h) the individual caused the penetration, however slight, of the genital or anal opening
79     of the victim by any part or parts of the human body, or by any other object.
80          (5) An individual commits a separate offense under this section:
81          (a) for each victim the individual subjects to the offense outlined in Subsection (2); and
82          (b) for each separate time the individual subjects a victim to the offense outlined
83     Subsection (2).
84          (6) This section does not preclude an individual from being charged and convicted of a
85     separate criminal act if the individual commits the separate criminal act while the individual

86     violates or attempts to violate this section.
87          (7) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
88     liability under this section related to content provided by a user of the interactive computer
89     service.
90          Section 2. Section 77-41-102 is amended to read:
91          77-41-102. Definitions.
92          As used in this chapter:
93          (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
94     Safety established in section 53-10-201.
95          (2) "Business day" means a day on which state offices are open for regular business.
96          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
97     Identification showing that the offender has met the requirements of Section 77-41-112.
98          (4) "Department" means the Department of Corrections.
99          (5) "Division" means the Division of Juvenile Justice Services.
100          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
101     time, whether financially compensated, volunteered, or for the purpose of government or
102     educational benefit.
103          (7) "Indian Country" means:
104          (a) all land within the limits of any Indian reservation under the jurisdiction of the
105     United States government, regardless of the issuance of any patent, and includes rights-of-way
106     running through the reservation;
107          (b) all dependent Indian communities within the borders of the United States whether
108     within the original or subsequently acquired territory, and whether or not within the limits of a
109     state; and
110          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
111     not been extinguished, including rights-of-way running through the allotments.
112          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
113     property under the jurisdiction of the United States military, Canada, the United Kingdom,

114     Australia, or New Zealand.
115          (9) "Kidnap offender" means any person other than a natural parent of the victim who:
116          (a) has been convicted in this state of a violation of:
117          (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
118          (ii) Section 76-5-301.1, child kidnapping;
119          (iii) Section 76-5-302, aggravated kidnapping;
120          (iv) Section 76-5-310, aggravated human trafficking, on or after May 10, 2011; or
121          (v) attempting, soliciting, or conspiring to commit any felony offense listed in
122     Subsections (9)(a)(i) through (iv);
123          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
124     commit a crime in another jurisdiction, including any state, federal, or military court that is
125     substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
126          (i) a Utah resident; or
127          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
128     10 or more days, regardless of whether or not the offender intends to permanently reside in this
129     state;
130          (c) (i) is required to register as a kidnap offender in any other jurisdiction of original
131     conviction, who is required to register as a kidnap offender by any state, federal, or military
132     court, or who would be required to register as a kidnap offender if residing in the jurisdiction of
133     the conviction regardless of the date of the conviction or any previous registration
134     requirements; and
135          (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
136     whether or not the offender intends to permanently reside in this state;
137          (d) is a nonresident regularly employed or working in this state, or who is a student in
138     this state, and was convicted of one or more offenses listed in Subsection (9), or any
139     substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
140     required to register in the person's state of residence;
141          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of

142     one or more offenses listed in Subsection (9); or
143          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
144     and who has been committed to the division for secure confinement for that offense and
145     remains in the division's custody 30 days prior to the person's 21st birthday.
146          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
147     minor's noncustodial parent.
148          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
149     as defined in Subsection (17).
150          (12) "Online identifier" or "Internet identifier":
151          (a) means any electronic mail, chat, instant messenger, social networking, or similar
152     name used for Internet communication; and
153          (b) does not include date of birth, social security number, PIN number, or Internet
154     passwords.
155          (13) "Primary residence" means the location where the offender regularly resides, even
156     if the offender intends to move to another location or return to another location at any future
157     date.
158          (14) "Register" means to comply with the requirements of this chapter and
159     administrative rules of the department made under this chapter.
160          (15) "Registration website" means the Sex and Kidnap Offender Notification and
161     Registration website described in Section 77-41-110 and the information on the website.
162          (16) "Secondary residence" means any real property that the offender owns or has a
163     financial interest in, or any location where, in any 12-month period, the offender stays
164     overnight a total of 10 or more nights when not staying at the offender's primary residence.
165          (17) "Sex offender" means any person:
166          (a) convicted in this state of:
167          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
168          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
169     2011;

170          (iii) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
171          (iv) Section 76-5-401.1, sexual abuse of a minor, except under Subsection
172     76-5-401.1(3)(a);
173          (v) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
174          (vi) Section 76-5-402, rape;
175          (vii) Section 76-5-402.1, rape of a child;
176          (viii) Section 76-5-402.2, object rape;
177          (ix) Section 76-5-402.3, object rape of a child;
178          (x) a felony violation of Section 76-5-403, forcible sodomy;
179          (xi) Section 76-5-403.1, sodomy on a child;
180          (xii) Section 76-5-404, forcible sexual abuse;
181          (xiii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
182          (xiv) Section 76-5-405, aggravated sexual assault;
183          (xv) Section 76-5-412, custodial sexual relations, when the person in custody is
184     younger than 18 years of age, if the offense is committed on or after May 10, 2011;
185          (xvi) Section 76-5b-201, sexual exploitation of a minor;
186          (xvii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
187          [(xvii)] (xviii) Section 76-7-102, incest;
188          [(xviii)] (xix) Section 76-9-702, lewdness, if the person has been convicted of the
189     offense four or more times;
190          [(xix)] (xx) Section 76-9-702.1, sexual battery, if the person has been convicted of the
191     offense four or more times;
192          [(xx)] (xxi) any combination of convictions of Section 76-9-702, lewdness, and of
193     Section 76-9-702.1, sexual battery, that total four or more convictions;
194          [(xxi)] (xxii) Section 76-9-702.5, lewdness involving a child;
195          [(xxii)] (xxiii) a felony or class A misdemeanor violation of Section 76-9-702.7,
196     voyeurism;
197          [(xxiii)] (xxiv) Section 76-10-1306, aggravated exploitation of prostitution; or

198          [(xxiv)] (xxv) attempting, soliciting, or conspiring to commit any felony offense listed
199     in Subsection (17)(a);
200          (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
201     commit a crime in another jurisdiction, including any state, federal, or military court that is
202     substantially equivalent to the offenses listed in Subsection (17)(a) and who is:
203          (i) a Utah resident; or
204          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
205     10 or more days, regardless of whether the offender intends to permanently reside in this state;
206          (c) (i) who is required to register as a sex offender in any other jurisdiction of original
207     conviction, who is required to register as a sex offender by any state, federal, or military court,
208     or who would be required to register as a sex offender if residing in the jurisdiction of the
209     original conviction regardless of the date of the conviction or any previous registration
210     requirements; and
211          (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
212     regardless of whether or not the offender intends to permanently reside in this state;
213          (d) who is a nonresident regularly employed or working in this state or who is a student
214     in this state and was convicted of one or more offenses listed in Subsection (17)(a), or any
215     substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
216     to register in the person's jurisdiction of residence;
217          (e) who is found not guilty by reason of insanity in this state, or in any other
218     jurisdiction of one or more offenses listed in Subsection (17)(a); or
219          (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
220     (17)(a) and who has been committed to the division for secure confinement for that offense and
221     remains in the division's custody 30 days prior to the person's 21st birthday.
222          (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
223     Driving Under the Influence and Reckless Driving.
224          (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
225     any jurisdiction.

226          Section 3. Section 77-41-106 is amended to read:
227          77-41-106. Registerable offenses.
228          Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
229          (1) any offense listed in Subsection 77-41-102(9) or (17) if, at the time of the
230     conviction, the offender has previously been convicted of an offense listed in Subsection
231     77-41-102(9) or (17) or has previously been required to register as a sex offender for an offense
232     committed as a juvenile;
233          (2) a conviction for any of the following offenses, including attempting, soliciting, or
234     conspiring to commit any felony of:
235          (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
236     the victim;
237          (b) Section 76-5-402, rape;
238          (c) Section 76-5-402.1, rape of a child;
239          (d) Section 76-5-402.2, object rape;
240          (e) Section 76-5-402.3, object rape of a child;
241          (f) Section 76-5-403.1, sodomy on a child;
242          (g) Subsection 76-5-404.1(4), aggravated sexual abuse of a child; or
243          (h) Section 76-5-405, aggravated sexual assault;
244          (3) Section 76-4-401, a felony violation of enticing a minor over the Internet;
245          (4) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent
246     of the victim;
247          (5) Section 76-5-403, forcible sodomy;
248          (6) Section 76-5-404.1, sexual abuse of a child;
249          (7) Section 76-5b-201, sexual exploitation of a minor; [or]
250          (8) Subsection 76-5b-204(4), aggravated sexual extortion; or
251          [(8)] (9) Section 76-10-1306, aggravated exploitation of prostitution, on or after May
252     10, 2011.