H.B. 5 Enrolled

1

INTERNET SEXUAL CONTENT - PROTECTION
2 OF MINORS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Darin G. Peterson
7 Cosponsor:Bradley M. Daw 8
9 LONG TITLE
10 General Description:
11 This bill modifies the Criminal Code by amending the penalties for enticing a minor
12 over the Internet in order to commit a sexual offense. This bill also modifies Title 76,
13 Chapter 10, Part 12, Pornographic and Harmful Materials and Performances.
14 Highlighted Provisions:
15 This bill:
16 . amends the penalty for enticing a minor to commit a first degree felony sexual
17 offense, so that the enticement offense is a second degree felony for the first
18 violation, and for any subsequent violation is a first degree felony with a specified
19 penalty;
20 . includes enticing a minor over the Internet when subsequent contact is by electronic
21 or written means other than the use of a computer;
22 . provides that if a defendant commits the offense of enticing a minor to commit any
23 felony sexual offense, and the defendant has previously committed a sexual offense
24 or kidnapping against a minor, the court may not shorten the prison sentence;
25 . repeals the following sections:
26 . repeals the section establishing an adult content registry and references to the
27 registry; and
28 . repeals the section requiring that an Internet services provider must provide to
29 consumers the service of blocking material on the adult content registry;

30 . provides a definition of "negligent" regarding material harmful to minors;
31 . describes the circumstances under which an Internet service provider or a hosting
32 company is not guilty of criminal conduct involving distributing pornographic
33 material, inducing acceptance of pornographic material, or dealing in material
34 harmful to a minor;
35 . increases the minimum mandatory fine for dealing in material harmful to a minor;
36 . provides that a felony or class A offense of enticing a minor over the Internet is a
37 prior offense regarding sex offender lifetime registration;
38 . clarifies the standard applicable to conduct of Internet service providers regarding
39 filtering of material harmful to minors from negligently or recklessly to a standard
40 of knowing or intentional conduct; and
41 . amends the provisions regarding charging the consumer for software that blocks
42 material harmful to minors.
43 Monies Appropriated in this Bill:
44 None
45 Other Special Clauses:
46 This bill provides an immediate effective date.
47 Utah Code Sections Affected:
48 AMENDS:
49 76-4-401, as last amended by Chapter 164, Laws of Utah 2003
50 76-10-1201, as last amended by Chapter 9, Laws of Utah 2001
51 76-10-1204, as last amended by Chapter 281, Laws of Utah 2005
52 76-10-1205, as last amended by Chapter 281, Laws of Utah 2005
53 76-10-1206, as last amended by Chapter 281, Laws of Utah 2005
54 76-10-1230, as enacted by Chapter 281, Laws of Utah 2005
55 76-10-1231, as enacted by Chapter 281, Laws of Utah 2005
56 77-27-21.5, as last amended by Chapters 189, 269 and 334, Laws of Utah 2006
57 REPEALS:

58 67-5-19, as enacted by Chapter 281, Laws of Utah 2005
59 76-10-1232, as enacted by Chapter 281, Laws of Utah 2005
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 76-4-401 is amended to read:
63 76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
64 (1) (a) A person commits enticement of a minor over the Internet when the person
65 knowingly uses a computer to solicit, seduce, lure, or entice, or attempts to use a computer to
66 solicit, seduce, lure, or entice a minor or a person the defendant believes to be a minor to
67 engage in any sexual activity which is a violation of state criminal law.
68 (b) A person commits enticement of a minor over the Internet when the person
69 knowingly uses a computer to initiate contact with a minor or a person the defendant believes
70 to be a minor and subsequently, by any electronic or written means, solicits, seduces, lures, or
71 entices, or attempts to solicit, seduce, lure, or entice the minor or a person the defendant
72 believes to be the minor to engage in any sexual activity which is a violation of state criminal
73 law.
74 (2) It is not a defense to the crime of enticing a minor under Subsection (1), or an
75 attempt to commit this offense, that a law enforcement officer or an undercover operative who
76 is working with a law enforcement agency was involved in the detection or investigation of the
77 offense.
78 (3) An enticement of a minor under Subsection (1) with the intent to commit:
79 (a) a first degree felony is a:
80 (i) second degree felony upon the first conviction for violation of this Subsection
81 (3)(a); and
82 (ii) first degree felony punishable by imprisonment for an indeterminate term of not
83 fewer than three years and which may be for life, upon a second or any subsequent conviction
84 for a violation of this Subsection (3)(a);
85 (b) a second degree felony is a third degree felony;

86 (c) a third degree felony is a class A misdemeanor;
87 (d) a class A misdemeanor is a class B misdemeanor; and
88 (e) a class B misdemeanor is a class C misdemeanor.
89 (4) (a) When a person who commits a felony violation of this section has been
90 previously convicted of an offense under Subsection (4)(b), the court may not in any way
91 shorten the prison sentence, and the court may not:
92 (i) grant probation;
93 (ii) suspend the execution or imposition of the sentence;
94 (iii) enter a judgment for a lower category of offense; or
95 (iv) order hospitalization.
96 (b) The sections referred to in Subsection (4)(a) are:
97 (i) Section 76-4-401 , enticing a minor over the Internet;
98 (ii) Section 76-5-301.1 , child kidnapping;
99 (iii) Section 76-5-402 , rape;
100 (iv) Section 76-5-402.1 , rape of a child;
101 (v) Section 76-5-402.2 , object rape;
102 (vi) Section 76-5-402.3 , object rape of a child;
103 (vii) Subsection 76-5-403 (2), forcible sodomy;
104 (viii) Section 76-5-403.1 , sodomy on a child;
105 (ix) Section 76-5-404 , forcible sexual abuse;
106 (x) Section 76-5-404.1 , sexual abuse of a child and aggravated sexual abuse of a child;
107 (xi) Section 76-5-405 , aggravated sexual assault;
108 (xii) any offense in any other state or federal jurisdiction which constitutes or would
109 constitute a crime in Subsections (4)(b)(i) through (xi); or
110 (xiii) the attempt to commit any of the offenses in Subsections (4)(b)(i) through (xii).
111 Section 2. Section 76-10-1201 is amended to read:
112 76-10-1201. Definitions.
113 For the purpose of this part:

114 (1) "Contemporary community standards" means those current standards in the
115 vicinage where an offense alleged under this act has occurred, is occurring, or will occur.
116 (2) "Distribute" means to transfer possession of materials whether with or without
117 consideration.
118 (3) "Exhibit" means to show.
119 (4) "Harmful to minors" means that quality of any description or representation, in
120 whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when
121 it:
122 (a) taken as a whole, appeals to the prurient interest in sex [of] with minors;
123 (b) is patently offensive to prevailing standards in the adult community as a whole with
124 respect to what is suitable material for minors; and
125 (c) taken as a whole, does not have serious value for minors. Serious value includes
126 only serious literary, artistic, political, or scientific value for minors.
127 (5) "Knowingly" means an awareness, whether actual or constructive, of the character
128 of material or of a performance. A person has constructive knowledge if a reasonable
129 inspection or observation under the circumstances would have disclosed the nature of the
130 subject matter and if a failure to inspect or observe is either for the purpose of avoiding the
131 disclosure or is criminally negligent as described in Section 76-2-103 .
132 (6) "Material" means anything printed or written or any picture, drawing, photograph,
133 motion picture, or pictorial representation, or any statue or other figure, or any recording or
134 transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or
135 may be used as a means of communication. Material includes undeveloped photographs,
136 molds, printing plates, and other latent representational objects.
137 (7) "Minor" means any person less than [eighteen] 18 years of age.
138 (8) "Negligently" means simple negligence, the failure to exercise that degree of care
139 that a reasonable and prudent person would exercise under like or similar circumstances.
140 [(8)] (9) "Nudity" means the showing of the human male or female genitals, pubic area,
141 or buttocks, with less than an opaque covering, or the showing of a female breast with less than

142 an opaque covering, or any portion thereof below the top of the nipple, or the depiction of
143 covered male genitals in a discernibly turgid state.
144 [(9)] (10) "Performance" means any physical human bodily activity, whether engaged
145 in alone or with other persons, including but not limited to singing, speaking, dancing, acting,
146 simulating, or pantomiming.
147 [(10)] (11) "Public place" includes a place to which admission is gained by payment of
148 a membership or admission fee, however designated, notwithstanding its being designated a
149 private club or by words of like import.
150 [(11)] (12) "Sado-masochistic abuse" means flagellation or torture by or upon a person
151 who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume, or the
152 condition of being fettered, bound, or otherwise physically restrained on the part of one so
153 clothed.
154 [(12)] (13) "Sexual conduct" means acts of masturbation, sexual intercourse, or any
155 touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a
156 female, breast, whether alone or between members of the same or opposite sex or between
157 humans and animals in an act of apparent or actual sexual stimulation or gratification.
158 [(13)] (14) "Sexual excitement" means a condition of human male or female genitals
159 when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging
160 in or witnessing sexual conduct or nudity.
161 Section 3. Section 76-10-1204 is amended to read:
162 76-10-1204. Distributing pornographic material -- Exemptions for Internet
163 service providers and hosting companies.
164 (1) A person is guilty of distributing pornographic material when he knowingly:
165 (a) sends or brings any pornographic material into the state with intent to distribute or
166 exhibit it to others;
167 (b) prepares, publishes, prints, or possesses any pornographic material with intent to
168 distribute or exhibit it to others;
169 (c) distributes or offers to distribute, exhibits or offers to exhibit any pornographic

170 material to others;
171 (d) writes, creates, or solicits the publication or advertising of pornographic material;
172 (e) promotes the distribution or exhibition of material he represents to be pornographic;
173 or
174 (f) presents or directs a pornographic performance in any public place or any place
175 exposed to public view or participates in that portion of the performance which makes it
176 pornographic.
177 (2) Each distributing of pornographic material as defined in Subsection (1) is a separate
178 offense.
179 (3) It is a separate offense under this section for:
180 (a) each day's exhibition of any pornographic motion picture film; and
181 (b) each day in which any pornographic publication is displayed or exhibited in a
182 public place with intent to distribute or exhibit it to others.
183 (4) (a) An offense under this section is a third degree felony punishable by:
184 (i) a minimum mandatory fine of not less than $1,000 plus $10 for each article
185 exhibited up to the maximum allowed by law; and
186 (ii) incarceration, without suspension of sentence in any way, for a term of not less than
187 30 days.
188 (b) This Subsection (4) supersedes Section 77-18-1 .
189 [(5) A service provider, as defined in Section 76-10-1230 , complies with this section if
190 it complies with Sections 76-10-1231 and 76-10-1232 .]
191 (5) (a) This section does not apply to an Internet service provider, as defined in Section
192 76-10-1230 , if:
193 (i) the distribution of pornographic material by the Internet service provider occurs
194 only incidentally through the Internet service provider's function of:
195 (A) transmitting or routing data from one person to another person; or
196 (B) providing a connection between one person and another person;
197 (ii) the Internet service provider does not intentionally aid or abet in the distribution of

198 the pornographic material; and
199 (iii) the Internet service provider does not knowingly receive funds from or through a
200 person who distributes the pornographic material in exchange for permitting the person to
201 distribute the pornographic material.
202 (b) This section does not apply to a hosting company, as defined in Section
203 76-10-1230 , if:
204 (i) the distribution of pornographic material by the hosting company occurs only
205 incidentally through the hosting company's function of providing data storage space or data
206 caching to a person;
207 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
208 of the pornographic material; and
209 (iii) the hosting company does not knowingly receive funds from or through a person
210 who distributes the pornographic material in exchange for permitting the person to distribute,
211 store, or cache the pornographic material.
212 Section 4. Section 76-10-1205 is amended to read:
213 76-10-1205. Inducing acceptance of pornographic material -- Exemptions for
214 Internet service providers and hosting companies.
215 (1) A person is guilty of inducing acceptance of pornographic material when he
216 knowingly:
217 (a) requires or demands as a condition to a sale, allocation, consignment, or delivery
218 for resale of any newspaper, magazine, periodical, book, publication, or other merchandise that
219 the purchaser or consignee receive any pornographic material or material reasonably believed
220 by the purchaser or consignee to be pornographic; or
221 (b) denies, revokes, or threatens to deny or revoke a franchise, or to impose any
222 penalty, financial or otherwise, because of the failure or refusal to accept pornographic material
223 or material reasonably believed by the purchaser or consignee to be pornographic.
224 (2) (a) An offense under this section is a third degree felony punishable by:
225 (i) a minimum mandatory fine of not less than $1,000 plus $10 for each article

226 exhibited up to the maximum allowed by law; and
227 (ii) incarceration, without suspension of sentence in any way, for a term of not less than
228 30 days.
229 (b) This Subsection (2) supersedes Section 77-18-1 .
230 [(3) A service provider, as defined in Section 76-10-1230 , complies with this section if
231 it complies with Sections 76-10-1231 and 76-10-1232 .]
232 (3) (a) This section does not apply to an Internet service provider, as defined in Section
233 76-10-1230 , if:
234 (i) the distribution of pornographic material by the Internet service provider occurs
235 only incidentally through the Internet service provider's function of:
236 (A) transmitting or routing data from one person to another person; or
237 (B) providing a connection between one person and another person;
238 (ii) the Internet service provider does not intentionally aid or abet in the distribution of
239 the pornographic material; and
240 (iii) the Internet service provider does not knowingly receive funds from or through a
241 person who distributes the pornographic material in exchange for permitting the person to
242 distribute the pornographic material.
243 (b) This section does not apply to a hosting company, as defined in Section
244 76-10-1230 , if:
245 (i) the distribution of pornographic material by the hosting company occurs only
246 incidentally through the hosting company's function of providing data storage space or data
247 caching to a person;
248 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
249 of the pornographic material; and
250 (iii) the hosting company does not knowingly receive funds from or through a person
251 who distributes the pornographic material in exchange for permitting the person to distribute,
252 store, or cache the pornographic material.
253 Section 5. Section 76-10-1206 is amended to read:

254 76-10-1206. Dealing in material harmful to a minor -- Exemptions for Internet
255 service providers and hosting companies.
256 (1) A person is guilty of dealing in material harmful to minors when, knowing that a
257 person is a minor, or having negligently [or recklessly] failed to determine the proper age of a
258 minor, [he] the person:
259 (a) intentionally distributes or offers to distribute, exhibits or offers to exhibit to a
260 minor any material harmful to minors;
261 (b) intentionally produces, presents, or directs any performance before a minor, that is
262 harmful to minors; or
263 (c) intentionally participates in any performance before a minor, that is harmful to
264 minors.
265 (2) (a) Each separate offense under this section is a third degree felony punishable by:
266 (i) a minimum mandatory fine of not less than [$300] $1,000 plus $10 for each article
267 exhibited up to the maximum allowed by law; and
268 (ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
269 (b) This section supersedes Section 77-18-1 .
270 (3) (a) If a defendant has already been convicted once under this section, each separate
271 further offense is a second degree felony punishable by:
272 (i) a minimum mandatory fine of not less than $5,000 plus $10 for each article
273 exhibited up to the maximum allowed by law; and
274 (ii) incarceration, without suspension of sentence, for a term of not less than one year.
275 (b) This section supersedes Section 77-18-1 .
276 (c) (i) This section does not apply to an Internet service provider, as defined in Section
277 76-10-1230 , if:
278 (A) the distribution of pornographic material by the Internet service provider occurs
279 only incidentally through the Internet service provider's function of:
280 (I) transmitting or routing data from one person to another person; or
281 (II) providing a connection between one person and another person;

282 (B) the Internet service provider does not intentionally aid or abet in the distribution of
283 the pornographic material; and
284 (C) the Internet service provider does not knowingly receive funds from or through a
285 person who distributes the pornographic material in exchange for permitting the person to
286 distribute the pornographic material.
287 (ii) This section does not apply to a hosting company, as defined in Section
288 76-10-1230 , if:
289 (A) the distribution of pornographic material by the hosting company occurs only
290 incidentally through the hosting company's function of providing data storage space or data
291 caching to a person;
292 (B) the hosting company does not intentionally engage, aid, or abet in the distribution
293 of the pornographic material; and
294 (C) the hosting company does not knowingly receive funds from or through a person
295 who distributes the pornographic material in exchange for permitting the person to distribute,
296 store, or cache the pornographic material.
297 (4) (a) A service provider, as defined in Section 76-10-1230 , [complies with] is not
298 negligent under this section if it complies with [Sections] Section 76-10-1231 [and
299 76-10-1232 ].
300 (b) A content provider, as defined in Section 76-10-1230 , [complies with] is not
301 negligent under this section if it complies with Section 76-10-1233 .
302 Section 6. Section 76-10-1230 is amended to read:
303 76-10-1230. Definitions.
304 As used in Sections 76-10-1231 [, 76-10-1232 ,] and 76-10-1233 :
305 (1) "Access restricted" means that a content provider limits access to material harmful
306 to minors by:
307 (a) properly rating content;
308 (b) providing an age verification mechanism designed to prevent a minor's access to
309 material harmful to minors, including requiring use of a credit card, adult access code, or

310 digital certificate verifying age; or
311 (c) any other reasonable measures feasible under available technology.
312 [(2) "Adult content registry" means the adult content registry created by Section
313 67-5-19 .]
314 [(3)] (2) "Consumer" means a natural person residing in this state who subscribes to a
315 service provided by a service provider for personal or residential use.
316 [(4)] (3) "Content provider" means a person [that] domiciled in Utah or that generates
317 or hosts content in Utah, and that creates, collects, acquires, or organizes electronic data for
318 electronic delivery to a consumer with the intent of making a profit.
319 [(5)] (4) (a) "Hosting company" means a person that provides services or facilities for
320 storing or distributing content over the Internet without editorial or creative alteration of the
321 content.
322 (b) A hosting company may have policies concerning acceptable use without becoming
323 a content provider under Subsection [(4)] (3).
324 [(6)] (5) (a) "Internet service provider" means a person engaged in the business of
325 providing a computer [and] communications facility in Utah, with the intent of making a profit,
326 through which a consumer may obtain access to the Internet.
327 (b) "Internet service provider" does not include a common carrier if it provides only
328 telecommunications service.
329 [(7)] (6) "Properly rated" means content using a labeling system to label material
330 harmful to minors provided by the content provider in a way that:
331 (a) accurately apprises a consumer of the presence of material harmful to minors; and
332 (b) allows the consumer the ability to control access to material harmful to minors
333 based on the material's rating by use of reasonably priced commercially available software,
334 including software in the public domain.
335 [(8)] (7) (a) Except as provided in Subsection [(8)] (7)(b), "service provider" means:
336 (i) an Internet service provider; or
337 (ii) a person who otherwise provides an Internet access service to a consumer in Utah

338 with the intent of making a profit.
339 (b) "Service provider" does not include a person who does not terminate a service in
340 this state, but merely transmits data through:
341 (i) a wire;
342 (ii) a cable; or
343 (iii) an antenna.
344 (c) "Service provider," notwithstanding Subsection [(8)] (7)(b), includes a person who
345 meets the requirements of Subsection [(8)] (7)(a) and leases or rents a wire or cable for the
346 transmission of data.
347 Section 7. Section 76-10-1231 is amended to read:
348 76-10-1231. Data service providers -- Internet content harmful to minors.
349 (1) (a) Upon request by a consumer, a service provider shall filter content to prevent
350 the transmission of material harmful to minors to the consumer.
351 (b) A service provider complies with Subsection (1)(a) if it uses a generally accepted
352 and commercially reasonable method of filtering.
353 (2) At the time of a consumer's subscription to a service provider's service, or at the
354 time this section takes effect if the consumer subscribes to the service provider's service at the
355 time this section takes effect, the service provider shall notify the consumer in a conspicuous
356 manner that the consumer may request to have material harmful to minors blocked under
357 Subsection (1).
358 (3) (a) A service provider may comply with Subsection (1) by:
359 (i) providing in-network filtering to prevent receipt of material harmful to minors,
360 provided that the filtering does not affect or interfere with access to Internet content for
361 consumers who do not request filtering under Subsection (1); or
362 (ii) providing software, or engaging a third party to provide software, for
363 contemporaneous installation on the consumer's computer that blocks, in an easy-to-enable and
364 commercially reasonable manner, receipt of material harmful to minors.
365 [(b) (i) Except as provided in Subsection (3)(b)(ii), a service provider may not charge a

366 consumer for blocking material or providing software under this section, except that a service
367 provider may increase the cost to all subscribers to the service provider's services to recover the
368 cost of complying with this section.]
369 [(ii) A service provider with fewer than 7,500 subscribers may charge a consumer for
370 providing software under Subsection (3)(a)(ii) if the charge does not exceed the service
371 provider's cost for the software.]
372 (b) A service provider may charge a consumer for providing filtering under Subsection
373 (3)(a).
374 (4) If the attorney general determines that a service provider violates Subsection (1) or
375 (2), the attorney general shall:
376 (a) notify the service provider that the service provider is in violation of Subsection (1)
377 or (2); and
378 (b) notify the service provider that the service provider has 30 days to comply with the
379 provision being violated or be subject to Subsection (5).
380 (5) A service provider that violates Subsection (1) or (2) is:
381 (a) subject to a civil fine of $2,500 for each separate violation of Subsection (1) or (2),
382 up to $10,000 per day; and
383 (b) guilty of a class A misdemeanor if:
384 (i) the service provider knowingly or intentionally fails to comply with Subsection (1);
385 or
386 (ii) the service provider fails to provide the notice required by Subsection (2).
387 (6) A proceeding to impose a civil fine under Subsection (5)(a) may only be brought by
388 the attorney general in a court of competent jurisdiction.
389 (7) (a) The Division of Consumer Protection within the Department of Commerce
390 shall, in consultation with other entities as the Division of Consumer Protection considers
391 appropriate, test the effectiveness of a service provider's system for blocking material harmful
392 to minors under Subsection (1) at least annually.
393 (b) The results of testing by the Division of Consumer Protection under Subsection

394 (7)(a) shall be made available to:
395 (i) the service provider that is the subject of the test; and
396 (ii) the public.
397 (c) The Division of Consumer Protection shall make rules in accordance with Title 63,
398 Chapter 46a, Utah Administrative Rulemaking Act, to fulfil its duties under this section.
399 Section 8. Section 77-27-21.5 is amended to read:
400 77-27-21.5. Sex offender registration -- Information system -- Law enforcement
401 and courts to report -- Registration -- Penalty -- Effect of expungement.
402 (1) As used in this section:
403 (a) "Department" means the Department of Corrections.
404 (b) "Division" means the Division of Juvenile Justice Services.
405 (c) "Employed" or "carries on a vocation" includes employment that is full time or part
406 time, whether financially compensated, volunteered, or for the purpose of government or
407 educational benefit.
408 (d) "Notification" means a person's acquisition of information from the department
409 about a sex offender, including his place of habitation, physical description, and other
410 information as provided in Subsections (12) and (13).
411 (e) "Register" means to comply with the rules of the department made under this
412 section.
413 (f) "Sex offender" means any person:
414 (i) convicted by this state of:
415 (A) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor
416 over the Internet;
417 (B) Section 76-5-301.1 , kidnapping of a child;
418 (C) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
419 (D) Section 76-5-401.1 , sexual abuse of a minor;
420 (E) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
421 (F) Section 76-5-402 , rape;

422 (G) Section 76-5-402.1 , rape of a child;
423 (H) Section 76-5-402.2 , object rape;
424 (I) Section 76-5-402.3 , object rape of a child;
425 (J) a felony violation of Section 76-5-403 , forcible sodomy;
426 (K) Section 76-5-403.1 , sodomy on a child;
427 (L) Section 76-5-404 , forcible sexual abuse;
428 (M) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
429 (N) Section 76-5-405 , aggravated sexual assault;
430 (O) Section 76-5a-3 , sexual exploitation of a minor;
431 (P) Section 76-7-102 , incest;
432 (Q) Section 76-9-702.5 , lewdness involving a child;
433 (R) Section 76-10-1306 , aggravated exploitation of prostitution; or
434 (S) attempting, soliciting, or conspiring to commit any felony offense listed in
435 Subsection (1)(f)(i);
436 (ii) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
437 commit a crime in another state or by the United States government that is substantially
438 equivalent to the offenses listed in Subsection (1)(f)(i) and who is:
439 (A) a Utah resident; or
440 (B) not a Utah resident, but who is in the state for ten days, regardless of whether or
441 not the offender intends to permanently reside in this state;
442 (iii) who is required to register as a sex offender in any other state or United States
443 territory, is not a Utah resident, but who is in the state for ten days, regardless of whether or not
444 the offender intends to permanently reside in this state;
445 (iv) who is a nonresident regularly employed, working, or a student in this state and
446 was convicted of one or more offenses listed in Subsection (1)(f)(i), or any substantially
447 equivalent offense in another state or by the United States government, and as a result of the
448 conviction, is required to register in the person's state of residence;
449 (v) who is found not guilty by reason of insanity in this state, any other state, or by the

450 United States government of one or more offenses listed in Subsection (1)(f)(i); or
451 (vi) who is adjudicated delinquent based on one or more offenses listed in Subsection
452 (1)(f)(i) and who has been committed to the division for secure confinement and remains in the
453 division's custody 30 days prior to the person's 21st birthday.
454 (2) The department, to assist in investigating sex-related crimes and in apprehending
455 offenders, shall:
456 (a) develop and operate a system to collect, analyze, maintain, and disseminate
457 information on sex offenders and sex offenses; and
458 (b) make information collected and developed under this section available to the
459 public.
460 (3) Any law enforcement agency shall, in the manner prescribed by the department,
461 inform the department of:
462 (a) the receipt of a report or complaint of an offense listed in Subsection (1)(f), within
463 three working days; and
464 (b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(f),
465 within five working days.
466 (4) Upon convicting a person of any of the offenses listed in Subsection (1)(f), the
467 convicting court shall within three working days forward a copy of the judgment and sentence
468 to the department.
469 (5) A sex offender in the custody of the department shall be registered by agents of the
470 department upon:
471 (a) being placed on probation;
472 (b) commitment to a secure correctional facility operated by or under contract to the
473 department;
474 (c) release from confinement to parole status, termination or expiration of sentence, or
475 escape;
476 (d) entrance to and release from any community-based residential program operated by
477 or under contract to the department; or

478 (e) termination of probation or parole.
479 (6) A sex offender not in the custody of the department and who is confined in a
480 correctional facility not operated by or under contract to the department shall be registered with
481 the department by the sheriff of the county in which the offender is confined upon:
482 (a) commitment to the correctional facility; and
483 (b) release from confinement.
484 (7) A sex offender in the custody of the division shall be registered with the department
485 by the division prior to release from custody.
486 (8) A sex offender committed to a state mental hospital shall be registered with the
487 department by the hospital upon admission and upon discharge.
488 (9) A sex offender convicted by any other state or by the United States government is
489 required to register under Subsection (1)(f)(ii) and shall register with the department within ten
490 days of entering the state, regardless of the length of stay.
491 (10) (a) Except as provided in Subsections (10)(b), (c), and (d), a sex offender shall, for
492 the duration of the sentence and for ten years after termination of sentence or custody of the
493 division, register annually during the month of the offender's birth and again within five days of
494 every change of his place of habitation, vehicle information, or educational information
495 required to be submitted under Subsection (12).
496 (b) Except as provided Subsections (10)(c) and (d), a sex offender who is convicted of
497 an offense listed in Subsection (1)(f)(i) by another state shall register for the time period
498 required by the state where the offender was convicted if the state's registration period for the
499 offense that the offender was convicted of is in excess of the ten years from completion of the
500 sentence registration period that is required under Subsection (10)(a).
501 (c) (i) A sex offender convicted as an adult of any of the offenses listed in Subsection
502 (10)(c)(ii) shall, for the offender's lifetime, register annually during the month of the offender's
503 birth and again within five days of every change of the offender's place of habitation, vehicle
504 information, or educational information required to be submitted under Subsection (12). This
505 registration requirement is not subject to exemptions and may not be terminated or altered

506 during the offender's lifetime.
507 (ii) Offenses referred to in Subsection (10)(c)(i) are:
508 (A) any offense listed in Subsection (1)(f) if, at the time of the conviction, the offender
509 has previously been convicted of an offense listed in Subsection (1)(f) or has previously been
510 required to register as a sex offender for an offense committed as a juvenile;
511 [(B) Section 76-5-402.1 , rape of a child;]
512 [(C) Section 76-5-402.3 , object rape of a child;]
513 (B) Section 76-4-401 , enticing a minor over the Internet, if the offense is a class A or
514 felony violation;
515 (C) Section 76-5-301.1 , child kidnapping;
516 (D) Section 76-5-402 , rape;
517 (E) Section 76-5-402.1 , rape of a child;
518 (F) Section 76-5-402.2 , object rape;
519 (G) Section 76-5-402.3 , object rape of a child;
520 [(D)] (H) Section 76-5-403 , forcible sodomy;
521 [(E)] (I) Section 76-5-403.1 , sodomy on a child;
522 [(F) Section 76-5-405 , aggravated sexual assault;]
523 [(G) Section 76-5-301.1 , child kidnapping;]
524 [(H)] (J) Section 76-5-404.1 , sexual abuse of a child;
525 [(I)] (K) Subsection 76-5-404.1 (4), aggravated sexual abuse of a child;
526 [(J) Section 76-5a-3 , sexual exploitation of a minor;]
527 (L) Section 76-5-405 , aggravated sexual assault;
528 (M) Section 76-5a-3 , sexual exploitation of a minor; or
529 [(K)] (N) Section 76-7-102 , incest[;].
530 [(L) Section 76-5-402 , rape; or]
531 [(M) Section 76-5-402.2 , object rape.]
532 (d) Notwithstanding Subsections (10)(a), (b), and (c), a sex offender who is confined in
533 a secure facility or in a state mental hospital is not required to register annually.

534 (e) A sex offender that is required to register annually under this Subsection (10) shall
535 surrender the sex offender's license certificate or identification card as required under
536 Subsection 53-3-216 (3) or 53-3-807 (4) and may apply for a license certificate or identification
537 card as provided under Section 53-3-205 or 53-3-804 .
538 (11) An agency in the state that registers a sex offender on probation, a sex offender
539 who has been released from confinement to parole status or termination, or a sex offender
540 whose sentence has expired shall inform the offender of the duty to comply with:
541 (a) the continuing registration requirements of this section during the period of
542 registration required in Subsection (10), including:
543 (i) notification to the state agencies in the states where the registrant presently resides
544 and plans to reside when moving across state lines;
545 (ii) verification of address at least every 60 days pursuant to a parole agreement for
546 lifetime parolees; and
547 (iii) notification to the out-of-state agency where the offender is living, whether or not
548 the offender is a resident of that state; and
549 (b) the driver license certificate or identification card surrender requirement under
550 Subsection 53-3-216 (3) or 53-3-807 (4) and application provisions under Section 53-3-205 or
551 53-3-804 .
552 (12) A sex offender shall provide the department with the following information:
553 (a) all names or aliases the sex offender is or has been known by;
554 (b) the sex offender's name and residential address;
555 (c) a physical description, including the sex offender's age, height, weight, eye and hair
556 color;
557 (d) the type of vehicle or vehicles the sex offender drives;
558 (e) a current photograph of the sex offender; and
559 (f) each educational institution in Utah at which the sex offender is employed, carries
560 on a vocation, or is a student, and any change of enrollment or employment status of the sex
561 offender at any educational institution.

562 (13) The department shall:
563 (a) provide the following additional information when available:
564 (i) the crimes the sex offender was convicted of or adjudicated delinquent for; and
565 (ii) a description of the sex offender's primary and secondary targets; and
566 (b) ensure that the registration information collected regarding a sex offender's
567 enrollment or employment at an educational institution is:
568 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
569 where the institution is located if the educational institution is an institution of higher
570 education; or
571 (B) promptly made available to the district superintendent of the school district where
572 the offender is enrolled if the educational institution is an institution of primary education; and
573 (ii) entered into the appropriate state records or data system.
574 (14) (a) A sex offender who knowingly fails to register under this section is guilty of:
575 (i) a third degree felony and shall be sentenced to serve a term of incarceration for not
576 less than 90 days and also at least one year of probation if:
577 (A) the sex offender is required to register for a felony conviction of an offense listed
578 in Subsection (1)(f)(i); or
579 (B) the sex offender is required to register for the offender's lifetime under Subsection
580 (10)(c); or
581 (ii) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
582 not fewer than 90 days and also at least one year of probation if the sex offender is required to
583 register for a misdemeanor conviction of an offense listed in Subsection (1)(f)(i).
584 (b) Neither the court nor the Board of Pardons and Parole may release a person who
585 violates this section from serving the term required under Subsection (14)(a). This Subsection
586 (14)(b) supersedes any other provision of the law contrary to this section.
587 (15) Notwithstanding Title 63, Chapter 2, Government Records Access and
588 Management Act, information in Subsections (12) and (13) collected and released under this
589 section is public information.

590 (16) (a) If a sex offender is to be temporarily sent outside a secure facility in which he
591 is confined on any assignment, including, without limitation, firefighting or disaster control,
592 the official who has custody of the offender shall, within a reasonable time prior to removal
593 from the secure facility, notify the local law enforcement agencies where the assignment is to
594 be filled.
595 (b) This Subsection (16) does not apply to any person temporarily released under guard
596 from the institution in which he is confined.
597 (17) Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a
598 person convicted of any offense listed in Subsection (1)(f) is not relieved from the
599 responsibility to register as required under this section.
600 (18) Notwithstanding Section 42-1-1 , a sex offender:
601 (a) may not change his name:
602 (i) while under the jurisdiction of the department; and
603 (ii) until the registration requirements of this statute have expired; or
604 (b) may not change his name at any time, if registration is under Subsection (10)(c).
605 (19) The department may make rules necessary to implement this section, including:
606 (a) the method for dissemination of the information; and
607 (b) instructions to the public regarding the use of the information.
608 (20) Any information regarding the identity or location of a victim shall be redacted by
609 the department from information provided under Subsections (12) and (13).
610 (21) Nothing in this section shall be construed to create or impose any duty on any
611 person to request or obtain information regarding any sex offender from the department.
612 (22) The department shall post registry information on the Internet, and the website
613 shall contain a disclaimer informing the public of the following:
614 (a) the information contained on the site is obtained from sex offenders and the
615 department does not guarantee its accuracy;
616 (b) members of the public are not allowed to use the information to harass or threaten
617 sex offenders or members of their families; and

618 (c) harassment, stalking, or threats against sex offenders or their families are prohibited
619 and doing so may violate Utah criminal laws.
620 (23) The website shall be indexed by both the surname of the offender and by postal
621 codes.
622 (24) The department shall construct the website so that users, before accessing registry
623 information, must indicate that they have read the disclaimer, understand it, and agree to
624 comply with its terms.
625 (25) The department, its personnel, and any individual or entity acting at the request or
626 upon the direction of the department are immune from civil liability for damages for good faith
627 compliance with this section and will be presumed to have acted in good faith by reporting
628 information.
629 (26) The department shall redact information that, if disclosed, could reasonably
630 identify a victim.
631 (27) (a) Each sex offender required to register under Subsection (10), who is not
632 currently under the jurisdiction of the Department of Corrections, shall pay to the department
633 an annual fee of $75 each year the sex offender is subject to the registration requirements.
634 (b) The department shall deposit fees under this Subsection (27) in the General Fund as
635 a dedicated credit, to be used by the department for maintaining the sex offender registry under
636 this section and monitoring sex offender registration compliance, including the costs of:
637 (i) data entry;
638 (ii) processing registration packets;
639 (iii) updating registry information;
640 (iv) ensuring sex offender compliance with registration requirements under this
641 section; and
642 (v) apprehending offenders who are in violation of the sex offender registration
643 requirements under this section.
644 Section 9. Repealer.
645 This bill repeals:

646 Section 67-5-19, Adult content registry.
647 Section 76-10-1232, Data service providers -- Adult content registry.
648 Section 10. Effective date.
649 If approved by two-thirds of all the members elected to each house, this bill takes effect
650 upon approval by the governor, or the day following the constitutional time limit of Utah
651 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
652 the date of veto override.