This document includes House Committee Amendments incorporated into the bill on Wed, Mar 9, 2016 at 3:15 PM by lsjones.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code by amending provisions relating to sexual
10 offenses against minors and children.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that forcibly kissing the mouth of a person under the age of 18 is a criminal
14 act;
15 ▸ provides that the severity of the penalty is based on the age of the victim; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-9-702, as last amended by Laws of Utah 2015, Chapter 210
24 76-9-702.5, as last amended by Laws of Utah 2013, Chapter 278
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-9-702 is amended to read:
28 76-9-702. Lewdness.
29 (1) A person is guilty of lewdness if the person under circumstances not amounting to
30 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an
31 attempt to commit any of these offenses, performs any of the following acts in a public place or
32 under circumstances which the person should know will likely cause affront or alarm to, on, or
33 in the presence of another who is 14 years of age or older:
34 (a) an act of sexual intercourse or sodomy;
35 (b) exposes his or her genitals, the female breast below the top of the areola, the
36 buttocks, the anus, or the pubic area;
37 (c) masturbates; [
38 (d) Ĥ→ [
38a who is 14 years of age or
39 older but under the age of 18 Ĥ→ , with the intent to cause substantial emotional or bodily pain
39a to any person or with the intent to arouse or gratify the sexual desire of any person, without
39b consent of the other, regardless of the sex of any participant ←Ĥ ; or
40 [
41 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
42 guilty of a class B misdemeanor, except under Subsection (2)(b).
43 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
44 if at the time of the violation:
45 (i) the person is a sex offender as defined in Section 77-27-21.7;
46 (ii) the person has been previously convicted two or more times of violating Subsection
47 (1); or
48 (iii) the person has previously been convicted of a violation of Subsection (1) and has
49 also previously been convicted of a violation of Section 76-9-702.5.
50 (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102(17), a plea of
51 guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77,
52 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
53 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
54 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
55 (3) A woman's breast feeding, including breast feeding in any location where the
56 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
57 irrespective of whether or not the breast is covered during or incidental to feeding.
58 Section 2. Section 76-9-702.5 is amended to read:
59 76-9-702.5. Lewdness involving a child.
60 (1) A person is guilty of lewdness involving a child if the person under circumstances
61 not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a
62 child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses,
63 intentionally or knowingly does any of the following to, or in the presence of, a child who is
64 under 14 years of age:
65 (a) performs an act of sexual intercourse or sodomy;
66 (b) exposes his or her genitals, the female breast below the top of the areola, the
67 buttocks, the anus, or the pubic area:
68 (i) in a public place; or
69 (ii) in a private place:
70 (A) under circumstances the person should know will likely cause affront or alarm; or
71 (B) with the intent to arouse or gratify the sexual desire of the actor or the child;
72 (c) masturbates;
73 (d) under circumstances not amounting to sexual exploitation of a child under Section
74 76-5b-201, causes a child under the age of 14 years to expose his or her genitals, anus, or
75 breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor
76 or the child; [
77 (e) Ĥ→ [
77a under 14 years of age Ĥ→ , with the intent to cause substantial emotional or bodily pain to any
77b person or with the intent to arouse or gratify the sexual desire of any person, without consent
77c of the other, regardless of the sex of any participant ←Ĥ ; or
78 [
79 (2) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection
80 (2)(b).
81 (b) Lewdness involving a child is a third degree felony if at the time of the violation:
82 (i) the person is a sex offender as defined in Section 77-27-21.7; or
83 (ii) the person has previously been convicted of a violation of this section.
Legislative Review Note
Office of Legislative Research and General Counsel