This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 9, 2017 at 9:07 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions to enhance penalties related to sexual offenses without the
10 consent of the victim when the actor is infected with Human Immunodeficiency Virus
11 Ŝ→ [
12 Highlighted Provisions:
13 This bill:
14 ▸ enacts provisions to enhance the classification of a sexual offense if the actor was
15 infected with Human Immunodeficiency Virus Ŝ→ [
16 Virus Ŝ→ , hepatitis B, or hepatitis C ←Ŝ .
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 76-3-203.12, Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-3-203.12 is enacted to read:
27 76-3-203.12. Enhanced penalty for sexual offenses committed by a person with
28 Human Immunodeficiency Virus Ŝ→ [
28a hepatitis B, or hepatitis C ←Ŝ .
29 (1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual
30 Offenses, is subject to an enhanced penalty if at the time of the sexual offense the person was
31 infected with Human Immunodeficiency Virus Ŝ→ [
31a Ŝ→ , hepatitis B, or hepatitis C ←Ŝ and the
32 person knew of the infection.
33 (2) (a) Except as provided in Subsection (2)(b), the enhancement of a penalty described
34 in Subsection (1) shall be an enhancement of one classification higher than the root offense for
35 which the person was convicted.
36 (b) A felony of the first degree is not enhanced under this section.