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H.B. 267

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SEX ABUSE OF A CHILD

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Joseph G. Murray

5    AN ACT RELATING TO THE CRIMINAL CODE; CHANGING AND EXPANDING THE
6    DEFINITION OF PERSONS WHO OCCUPY A POSITION OF SPECIAL TRUST TO A
7    CHILD FOR PURPOSES OF PROSECUTION OF AGGRAVATED SEXUAL ABUSE OF
8    A CHILD.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         76-5-404.1, as last amended by Chapter 40, Laws of Utah 1996
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 76-5-404.1 is amended to read:
14         76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
15        (1) A person commits sexual abuse of a child if, under circumstances not amounting to
16    rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these
17    offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child
18    younger than 14 years of age, or otherwise takes indecent liberties with a child, or causes a child
19    to take indecent liberties with the actor or another with intent to cause substantial emotional or
20    bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person
21    regardless of the sex of any participant.
22        (2) Sexual abuse of a child is punishable as a second degree felony.
23        (3) A person commits aggravated sexual abuse of a child when in conjunction with the
24    offense described in Subsection (1) any of the following circumstances have been charged and
25    admitted or found true in the action for the offense:
26        (a) [The] the offense was committed by the use of a dangerous weapon as defined in
27    Section 76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat of harm,


1    or was committed during the course of a kidnaping[.];
2        (b) [The] the accused caused bodily injury or severe psychological injury to the victim
3    during or as a result of the offense[.];
4        (c) [The] the accused was a stranger to the victim or made friends with the victim for the
5    purpose of committing the offense[.];
6        (d) [The] the accused used, showed, or displayed pornography or caused the victim to be
7    photographed in a lewd condition during the course of the offense[.];
8        (e) [The] the accused, prior to sentencing for this offense, was previously convicted of any
9    felony, or of a misdemeanor involving a sexual offense[.];
10        (f) [The] the accused committed the same or similar sexual act upon two or more victims
11    at the same time or during the same course of conduct[.];
12        (g) [The] the accused committed, in Utah or elsewhere, more than five separate acts, which
13    if committed in Utah would constitute an offense described in this chapter, and were committed
14    at the same time, or during the same course of conduct, or before or after the instant offense[.];
15        (h) [The] the offense was committed by a person who occupied a position of special trust
16    in relation to the victim; "position of special trust" means that position occupied by a person in a
17    position of authority, who, by reason of that position is able to exercise undue influence over the
18    victim, and includes, but is not limited to, [the position occupied by] a youth leader or recreational
19    leader who is an adult, adult athletic manager, adult coach, teacher, counselor, religious leader,
20    doctor, employer, foster parent, baby-sitter, [or] adult scout leader, [though a] natural parent,
21    stepparent, adoptive parent, [or other] legal guardian, [not including a foster parent, who has been
22    living in the household, is not a person occupying a position of special trust under this subsection.]
23     S [adult cohabitant of a parent, grandparent, aunt, or uncle;] GRANDPARENT, AUNT, UNCLE, OR
23a     ADULT COHABITANT OF A PARENT; s
24        (i) [The] the accused encouraged, aided, allowed, or benefited from acts of prostitution or
25    sexual acts by the victim with any other person, or sexual performance by the victim before any
26    other person[.]; or
27        (j) [The] the accused caused the penetration, however slight, of the genital or anal opening
28    of the child by any part or parts of the human body other than the genitals or mouth.
29        (4) Aggravated sexual abuse of a child is a first degree felony punishable by imprisonment
30    for an indeterminate term of not less than five years and which may be for life. Imprisonment is

Text Box

Amend on 2_goldenrod February 18, 1998
31    mandatory in accordance with Section 76-3-406.

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Legislative Review Note
    as of 1-9-98 12:00 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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