1     
HUMAN TRAFFICKING REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding the crime of human trafficking of
10     a child.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that mistakenly believing a victim to be 18 years of age or older at the time
14     of the alleged offense is not a defense to the crime of human trafficking of a child.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          76-2-304.5, as last amended by Laws of Utah 2013, Chapters 34 and 196
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-2-304.5 is amended to read:
25          76-2-304.5. Mistake as to victim's age not a defense.
26          (1) It is not a defense to the crime of child kidnapping, a violation of Section
27     76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation
28     of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a
29     child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of

30     Subsection 76-5-404.1(4); or an attempt to commit any of these offenses, that the actor
31     mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense
32     or was unaware of the victim's true age.
33          (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
34     of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt
35     to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
36     of age or older at the time of the alleged offense or was unaware of the victim's true age.
37          (3) It is not a defense to the crime of aggravated human trafficking or aggravated
38     human smuggling, a violation of Section 76-5-310, or human trafficking of a child, a violation
39     of Section 76-5-308.5, that the actor mistakenly believed the victim to be 18 years of age or
40     older at the time of the alleged offense or was unaware of the victim's true age.
41          (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
42     of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
43     of age or older at the time of the alleged offense or was unaware of the victim's true age.
44          (5) It is not a defense to any of the following crimes that the actor mistakenly believed
45     the victim to be 18 years of age or older at the time of the alleged offense or was unaware of
46     the victim's true age:
47          (a) patronizing a prostitute, a violation of Section 76-10-1303;
48          (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or
49          (c) sexual solicitation, a violation of Section 76-10-1313.