H.B. 334

1

ENTICING MINORS OVER INTERNET
2 AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Duane E. Bourdeaux
6 This act modifies the Criminal Code by amending the offense of enticing a minor over the
7 Internet to provide that an attempt, conspiracy, or solicitation to commit this offense may
8 be prosecuted under this provision.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-4-401, as enacted by Chapter 353, Laws of Utah 2001
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-4-401 is amended to read:
14 76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
15 (1) A person commits enticement of a minor over the Internet when[, not amounting to
16 an attempt, conspiracy, or solicitation under Section 76-4-101 , 76-4-201 , or 76-4-203 ,] the
17 person knowingly uses a computer to solicit, seduce, lure, or entice, or [attempt] attempts to
18 solicit, seduce, lure, or entice a minor or a person the defendant believes to be a minor to
19 engage in any sexual activity which is a violation of state criminal law.
20 (2) It is not a defense to the crime of enticing a minor under Subsection (1), or an
21 attempt to commit this offense, that a law enforcement officer or an undercover operative who
22 is working with a law enforcement agency was involved in the detection or investigation of the
23 offense.
24 (3) An enticement of a minor under Subsection (1) with the intent to commit:
25 (a) a first degree felony is a second degree felony;
26 (b) a second degree felony is a third degree felony;
27 (c) a third degree felony is a class A misdemeanor;

28 (d) a class A misdemeanor is a class B misdemeanor; and
29 (e) a class B misdemeanor is a class C misdemeanor.




Legislative Review Note
as of 2-7-03 10:14 AM

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

Office of Legislative Research and General Counsel