Representative Merrill F. Nelson proposes the following substitute bill:




Chief Sponsor: Merrill F. Nelson

Senate Sponsor: Wayne A. Harper


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.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          76-5-401.1, as last amended by Laws of Utah 2014, Chapter 135

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-5-401.1 is amended to read:
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 [seven] four 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) A violation of this section is a class A misdemeanor, except under Subsection
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.