7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding an aggravating factor in
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that if the defendant in specified offenses exposes Ŝ→ [
13a Ŝ→ who is younger than 18 years of age ←Ŝ to
14 pornography, the courts and the Utah Board of Pardons and Parole shall consider
15 the defendant's act as an aggravating factor in their deliberations Ŝ→ ; and
15a ▸ provides definitions of pornography as the term is used in this bill ←Ŝ .
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-3-203.12, Utah Code Annotated 1953
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-3-203.12 is enacted to read:
26 76-3-203.12. Exposing minor to pornography in course of committing offense -
27 Aggravating factor.
28 (1) The sentencing judge or the Board of Pardons and Parole Ĥ→ [
28a as an
29 aggravating factor in their deliberations regarding the sentence or the terms of probation or
30 parole that in the course of the commission of an offense under Subsection (2), the defendant
31 exposed a victim Ŝ→ who is younger than 18 years of age ←Ŝ to pornography.
32 (2) The offenses referred to in Subsection (1) are:
33 (a) 76-5-301.1, child kidnapping;
34 (b) 76-5-401, unlawful sexual activity with a minor;
35 (c) 76-5-401.1, sexual abuse of a minor;
36 (d) 76-5-401.2, unlawful sexual conduct with 16- or 17- year-old;
37 (e) 76-5-404, forcible sexual abuse; and
38 (f) 76-5-404.1, sexual abuse and aggravated sexual abuse of a child.
39 (3) The sentencing judge or the Board of Pardons and Parole shall also consider
40 whether the penalty for the offense is already increased by other existing provisions of law.
40a Ŝ→ (4) As used in this section, pornography includes:
40b (a) child pornography, as defined in Section 76-5b-103;
40c (b) material that is harmful to minors, as defined in Section 76-10-1201; and
40d (c) pornographic material or performance, as defined in Section 76-10-1203. ←Ŝ
41 Ŝ→ [
42 lawful expression of free speech or other recognized rights secured by the Constitution or laws
43 of Utah or by the Constitution or laws of the United States.
44 Ŝ→ [
44a under any
45 other provision of Utah law.