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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 the victim 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.
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
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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 shall consider 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 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.
41 (4) This section does not affect or limit any individual's constitutional right to 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 (5) This section does not affect or restrict the exercise of judicial discretion under any
45 other provision of Utah law.