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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 Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C.
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, Acquired Immunodeficiency Virus,
16 hepatitis B, or hepatitis C.
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, Acquired Immunodeficiency Virus, hepatitis B, or
29 hepatitis C.
30 (1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual
31 Offenses, is subject to an enhanced penalty if at the time of the sexual offense the person was
32 infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B,
33 or hepatitis C and the person knew of the infection.
34 (2) (a) Except as provided in Subsection (2)(b), the enhancement of a penalty described
35 in Subsection (1) shall be an enhancement of one classification higher than the root offense for
36 which the person was convicted.
37 (b) A felony of the first degree is not enhanced under this section.