This document includes House Committee Amendments incorporated into the bill on Wed, Feb 10, 2016 at 11:58 AM by cynthiahopkin.
This document includes House Floor Amendments incorporated into the bill on Mon, Feb 22, 2016 at 11:33 AM by lsjones.
This document includes House Floor Amendments incorporated into the bill on Mon, Feb 22, 2016 at 1:12 PM by lsjones.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2016 at 12:42 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding abuse of a minor.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the definition of sexual abuse of a minor regarding the age differential
13 between the offender and the victim Ĥ→ ; Ŝ→ [
13a ▸ modifies offender registration requirements regarding a first offense of sexual abuse
13b of a minor ←Ĥ Ŝ→ [
13c ▸ provides a cross reference regarding the current code provision that a misdemeanor
13d offense of unlawful sexual activity with a minor is not subject to the offender registry. ←Ŝ
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 Ŝ→ 76-5-401, as repealed and reenacted by Laws of Utah 1998, Chapter 82 ←Ŝ
20a1 76-5-401.1, as last amended by Laws of Utah 2014, Chapter 135
20a Ĥ→ 77-41-102, as last amended by Laws of Utah 2015, Chapter 210 ←Ĥ
21
22 Be it enacted by the Legislature of the state of Utah:
22a Ŝ→ Section 1. Section 76-5-401 is amended to read: ☆
22b ☆ 76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidence of age
22c raised by defendant.
22d (1) For purposes of this section "minor" is a person who is 14 years of age or older, but younger than
22e 16 years of age, at the time the sexual activity described in this section occurred.
22f (2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting
22g to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in
22h violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:
22i (a) has sexual intercourse with the minor;
22j (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or
22k anus of another person, regardless of the sex of either participant; or
22l (c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign
22m object, substance, instrument, or device, including a part of the human body, with the intent to cause
22n substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of
22o any person, regardless of the sex of any participant.
22p (3) Ŝ→ [
22q degree felony Ŝ→ [
22r (b) If ←Ŝ the defendant establishes by a preponderance of the evidence the mitigating factor that
22s the defendant is less than four years older than the minor at the time the sexual activity occurred, Ŝ→ [
22t
22u not subject to registration under Subsection 77-41-102(17)(iii).
23 [
24 76-5-401.1. Sexual abuse of a minor.
25 (1) For purposes of this section "minor" is a person who is 14 years of age or older, but
26 younger than 16 years of age, at the time the sexual activity described in this section occurred.
27 (2) A person commits sexual abuse of a minor if the person is [
27a four ←Ĥ years or
28 more older than the minor or holds a relationship of special trust as an adult teacher, employee,
29 or volunteer, as described in Subsection 76-5-404.1(1)(c)(xix) and, under circumstances not
30 amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section
31 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, aggravated sexual assault, in
32 violation of Section 76-5-405, unlawful sexual activity with a minor, in violation of Section
33 76-5-401, or an attempt to commit any of those offenses, the person touches the anus, buttocks,
34 or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise
35 takes indecent liberties with the minor, or causes a minor to take indecent liberties with the
36 actor or another person, with the intent to cause substantial emotional or bodily pain to any
37 person or with the intent to arouse or gratify the sexual desire of any person regardless of the
38 sex of any participant.
39 (3) (a) Ĥ→ [
39a misdemeanor Ĥ→ and is not subject to registration under Subsection 77-41-102(17)(iv) on a
39b first offense if the offender was younger than 21 years of age at the time of the offense [
39c
40 (3)(b)
41 (b) A violation of this section is a third degree felony if the actor at the time of the
42 commission of the offense:
43 (i) is 18 years of age or older;
44 (ii) held a position of special trust as a teacher or a volunteer at a school, as that
45 position is defined in Subsection 76-5-404.1(1)(c)(xix); and
46 (iii) committed the offense against an individual who at the time of the offense was
47 enrolled as a student at the school where the actor was employed or was acting as a volunteer.
47a Ĥ→ Section 2. Section 77-41-102 is amended to read:
47b 77-41-102. Definitions.
47c As used in this chapter:
47d (1) "Bureau" means the bureau of Criminal Identification of the Department of Public Safety
47e established in section 53-10-201.
47f (2) "Business day" means a day on which state offices are open for regular business.
47g (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal Identification
47h showing that the offender has met the requirements of Section 77-41-112.
47i (4) "Department" means the Department of Corrections. ☆
47j ☆ (5) "Division" means the Division of Juvenile Justice Services.
47k (6) "Employed" or "carries on a vocation" includes employment that is full time or part time,
47l whether financially compensated, volunteered, or for the purpose of government or educational benefit.
47m (7) "Indian Country" means:
47n (a) all land within the limits of any Indian reservation under the jurisdiction of the United States
47o government, regardless of the issuance of any patent, and includes rights-of-way running through the
47p reservation;
47q (b) all dependent Indian communities within the borders of the United States whether within the
47r original or subsequently acquired territory, and whether or not within the limits of a state; and
47s (c) all Indian allotments, including the Indian allotments to which the Indian titles have not been
47t extinguished, including rights-of-way running through the allotments.
47u (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any property under
47v the jurisdiction of the United States military, Canada, the United Kingdom, Australia, or New Zealand.
47w (9) "Kidnap offender" means any person other than a natural parent of the victim who:
47x (a) has been convicted in this state of a violation of:
47y (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
47z (ii) Section 76-5-301.1, child kidnapping;
47aa (iii) Section 76-5-302, aggravated kidnapping;
47ab (iv) Section 76-5-310, aggravated human trafficking, on or after May 10, 2011; or
47ac (v) attempting, soliciting, or conspiring to commit any felony offense listed in Subsections (9)(a)(i)
47ad through (iv);
47ae (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to commit a crime in
47af another jurisdiction, including any state, federal, or military court that is substantially equivalent to the
47ag offenses listed in Subsection (9)(a) and who is:
47ah (i) a Utah resident; or
47ai (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of 10 or more
47aj days, regardless of whether or not the offender intends to permanently reside in this state;
47ak (c) (i) is required to register as a kidnap offender in any other jurisdiction of original conviction,
47al who is required to register as a kidnap offender by any state, federal, or military court, or who would be
47am required to register as a kidnap offender if residing in the jurisdiction of the conviction regardless of the date
47an of the conviction or any previous registration requirements; and
47ao (ii) in any 12 month period, is in this state for a total of 10 or more days, regardless of whether or
47ap not the offender intends to permanently reside in this state;
47aq (d) is a nonresident regularly employed or working in this state, or who is a student in this state, and
47ar was convicted of one or more offenses listed in Subsection (9), or any substantially equivalent offense in
47as another jurisdiction, or as a result of the conviction, is required to register in the person's state of residence;
47at (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of one or more
47au offenses listed in Subsection (9); or ☆
47av ☆ (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a) and who has
47aw been committed to the division for secure confinement for that offense and remains in the division's custody
47ax 30 days prior to the person's 21st birthday.
47ay (10) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's
47az noncustodial parent.
47ba (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender as defined in
47bb Subsection (17).
47bc (12) "Online identifier" or "Internet identifier":
47bd (a) means any electronic mail, chat, instant messenger, social networking, or similar name used for
47be Internet communication; and
47bf (b) does not include date of birth, Social Security number, PIN number, or Internet passwords.
47bg (13) "Primary residence" means the location where the offender regularly resides, even if the
47bh offender intends to move to another location or return to another location at any future date.
47bi (14) "Register" means to comply with the requirements of this chapter and administrative rules of
47bj the department made under this chapter.
47bk (15) "Registration website" means the Sex and Kidnap Offender Notification and Registration
47bl website described in Section 77-41-110 and the information on the website.
47bm (16) "Secondary residence" means any real property that the offender owns or has a financial interest
47bn in, or any location where, in any 12 month period, the offender stays overnight a total of 10 or more nights
47bo when not staying at the offender's primary residence.
47bp (17) "Sex offender" means any person:
47bq (a) convicted in this state of:
47br (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
47bs (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10, 2011;
47bt (iii) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
47bu (iv) Section 76-5-401.1, sexual abuse of a minor Ĥ→ , except under Subsection
47bv 76-5-401.1(3)(a) ←Ĥ ;
47bv (v) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
47bw (vi) Section 76-5-402, rape;
47bx (vii) Section 76-5-402.1, rape of a child;
47by (viii) Section 76-5-402.2, object rape;
47bz (ix) Section 76-5-402.3, object rape of a child;
47ca (x) a felony violation of Section 76-5-403, forcible sodomy;
47cb (xi) Section 76-5-403.1, sodomy on a child;
47cc (xii) Section 76-5-404, forcible sexual abuse;
47cd (xiii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
47ce (xiv) Section 76-5-405, aggravated sexual assault;
47cf (xv) Section 76-5-412, custodial sexual relations, when the person in custody is younger than 18
47cg years of age, if the offense is committed on or after May 10, 2011; ☆
47ch ☆ (xvi) Section 76-5b-201, sexual exploitation of a minor;
47ci (xvii) Section 76-7-102, incest;
47cj (xviii) Section 76-9-702, lewdness, if the person has been convicted of the offense four or more
47ck times;
47cl (xix) Section 76-9-702.1, sexual battery, if the person has been convicted of the offense four or more
47cm times;
47cn (xx) any combination of convictions of Section 76-9-702, lewdness, and of Section 76-9-702.1,
47co sexual battery, that total four or more convictions;
47cp (xxi) Section 76-9-702.5, lewdness involving a child;
47cq (xxii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
47cr (xxiii) Section 76-10-1306, aggravated exploitation of prostitution; or
47cs (xxiv) attempting, soliciting, or conspiring to commit any felony offense listed in Subsection (17)(a);
47ct (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to commit a
47cu crime in another jurisdiction, including any state, federal, or military court that is substantially equivalent to
47cv the offenses listed in Subsection (17)(a) and who is:
47cw (i) a Utah resident; or
47cx (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of 10 or more
47cy days, regardless of whether the offender intends to permanently reside in this state;
47cz (c) (i) who is required to register as a sex offender in any other jurisdiction of original conviction,
47da who is required to register as a sex offender by any state, federal, or military court, or who would be required
47db to register as a sex offender if residing in the jurisdiction of the original conviction regardless of the date of
47dc the conviction or any previous registration requirements; and
47dd (ii) who, in any 12 month period, is in the state for a total of 10 or more days, regardless of whether
47de or not the offender intends to permanently reside in this state;
47df (d) who is a nonresident regularly employed or working in this state or who is a student in this state
47dg and was convicted of one or more offenses listed in Subsection (17)(a), or any substantially equivalent
47dh offense in any jurisdiction, or as a result of the conviction, is required to register in the person's jurisdiction
47di of residence;
47dj (e) who is found not guilty by reason of insanity in this state, or in any other jurisdiction of one or
47dk more offenses listed in Subsection (17)(a); or
47dl (f) who is adjudicated delinquent based on one or more offenses listed in Subsection (17)(a) and
47dm who has been committed to the division for secure confinement for that offense and remains in the division's
47dn custody 30 days prior to the person's 21st birthday.
47do (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the
47dp Influence and Reckless Driving.
47dq (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in any
47dr jurisdiction. ←Ĥ