This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 29, 2016 at 4:05 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 1, 2016 at 2:44 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Tue, Mar 8, 2016 at 12:31 PM by bbryner.
Senator Todd Weiler proposes the following substitute bill:


1     
SUBJECTING A MINOR TO SEXUAL MATERIAL

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Curtis Oda

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding an aggravating factor in
10     sentencing.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that if the defendant in specified offenses exposes Ŝ→ [the] a ←Ŝ victim
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:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          76-3-203.12, Utah Code Annotated 1953
23     

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→ [shall] may ←Ĥ consider
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→ [(4)] (5) ←Ŝ This section does not affect or limit any individual's constitutional right to
41a     the
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→ [(5)] (6) ←Ŝ This section does not affect or restrict the exercise of judicial discretion
44a     under any
45     other provision of Utah law.