H.B. 31

1

ENTICING A MINOR AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: R. Curt Webb
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 General Description:
11 This bill modifies the Criminal Code regarding the offense of enticing a minor.
12 Highlighted Provisions:
13 This bill:
14 . clarifies that the elements of the offense of enticing a minor do not include intent to
15 complete a sexual offense with a minor;
16 . modifies the definition of "text messaging"; and
17 . provides that the penalties for enticing a minor are based on the level of sexual
18 conduct the actor solicits, seduces, lures, or entices, or attempts to solicit, seduce,
19 lure, or entice a minor to engage in.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-4-401, as last amended by Laws of Utah 2008, Chapter 342
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-4-401 is amended to read:
30 76-4-401. Enticing a minor -- Elements -- Penalties.
31 (1) As used in this section:
32 (a) "Minor" means a person who is under the age of 18.
33 (b) "Text messaging" means a communication in the form of electronic text or one or
34 more electronic images sent by the actor from a telephone [or], computer, or other electronic
35 communication device to another person's telephone [or], computer, or other electronic
36 communication device by addressing the communication to the person's telephone number or
37 other electronic communication access code or number.
38 (2) (a) A person commits enticement of a minor when the person knowingly uses [or
39 attempts to use] the Internet or text messaging to solicit, seduce, lure, or entice a minor, or to
40 attempt to solicit, seduce, lure, or entice a minor, or another person that the actor believes to be
41 a minor, to engage in any sexual activity which is a violation of state criminal law.
42 (b) A person commits enticement of a minor when the person knowingly uses the
43 Internet or text messaging to:
44 (i) initiate contact with a minor or a person the actor believes to be a minor; and
45 (ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or written
46 means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the
47 minor or a person the actor believes to be the minor to engage in any sexual activity which is a
48 violation of state criminal law.
49 (3) It is not a defense to the crime of enticing a minor under Subsection (2), or an
50 attempt to commit this offense, that a law enforcement officer or an undercover operative who
51 is working with a law enforcement agency was involved in the detection or investigation of the
52 offense.
53 (4) [An enticement] Enticement of a minor under Subsection (2)(a) or (b) [with the
54 intent to commit] is punishable as follows:
55 (a) enticement to engage in sexual activity which would be a first degree felony for the
56 actor is a:
57 (i) second degree felony upon the first conviction for violation of this Subsection
58 (4)(a); and

59 (ii) first degree felony punishable by imprisonment for an indeterminate term of not
60 fewer than three years and which may be for life, upon a second or any subsequent conviction
61 for a violation of this Subsection (4)(a);
62 (b) enticement to engage in sexual activity which would be a second degree felony for
63 the actor is a third degree felony;
64 (c) enticement to engage in sexual activity which would be a third degree felony for the
65 actor is a class A misdemeanor;
66 (d) enticement to engage in sexual activity which would be a class A misdemeanor for
67 the actor is a class B misdemeanor; and
68 (e) enticement to engage in sexual activity which would be a class B misdemeanor for
69 the actor is a class C misdemeanor.
70 (5) (a) When a person who commits a felony violation of this section has been
71 previously convicted of an offense under Subsection (5)(b), the court may not in any way
72 shorten the prison sentence, and the court may not:
73 (i) grant probation;
74 (ii) suspend the execution or imposition of the sentence;
75 (iii) enter a judgment for a lower category of offense; or
76 (iv) order hospitalization.
77 (b) The sections referred to in Subsection (5)(a) are:
78 (i) Section 76-4-401 , enticing a minor;
79 (ii) Section 76-5-301.1 , child kidnapping;
80 (iii) Section 76-5-402 , rape;
81 (iv) Section 76-5-402.1 , rape of a child;
82 (v) Section 76-5-402.2 , object rape;
83 (vi) Section 76-5-402.3 , object rape of a child;
84 (vii) Subsection 76-5-403 (2), forcible sodomy;
85 (viii) Section 76-5-403.1 , sodomy on a child;
86 (ix) Section 76-5-404 , forcible sexual abuse;
87 (x) Section 76-5-404.1 , sexual abuse of a child and aggravated sexual abuse of a child;
88 (xi) Section 76-5-405 , aggravated sexual assault;
89 (xii) any offense in any other state or federal jurisdiction which constitutes or would

90 constitute a crime in Subsections [(4)] (5)(b)(i) through (xi); or
91 (xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in
92 Subsections [(4)] (5)(b)(i) through (xii).




Legislative Review Note
as of 11-14-12 12:54 PM

Office of Legislative Research and General Counsel

[Bill Documents]