Representative Michael E. Noel proposes the following substitute bill:


1     
BIGAMY OFFENSE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: Kevin T. Van Tassell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding the offense of bigamy.
10     Highlighted Provisions:
11          This bill:
12          ▸     revises the definitions of bigamy and child bigamy.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          This bill provides a special effective date.
17     Utah Code Sections Affected:
18     AMENDS:
19          76-7-101, as last amended by Laws of Utah 1997, Chapter 296
20          76-7-101.5, as enacted by Laws of Utah 2003, Chapter 6
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 76-7-101 is amended to read:
24          76-7-101. Bigamy -- Penalty -- Defense.
25          (1) A person is guilty of bigamy when, knowing [he] the person has a husband or wife
26     or knowing the other person has a husband or wife, the person purports to marry [another
27     person or cohabits with another] and cohabitates with the other person.
28          (2) Bigamy is a third degree felony [of the third degree].
29          (3) Bigamy is a second degree felony if the accused is also convicted during the same
30     prosecution of the following:
31          (a) inducing marriage or bigamy under false pretenses;
32          (b) fraud:
33          (c) domestic abuse;
34          (d) child abuse;
35          (e) sexual abuse;
36          (f) human trafficking; or
37          (g) human smuggling.
38          [(3)] (4) It [shall be] is a defense to bigamy that:
39          (a) the accused reasonably believed [he] the accused and the other person were legally
40     eligible to [remarry.] marry;
41          (b) the accused is a person who, under reasonable fear of coercion or bodily harm, left
42     a bigamous relationship as defined in Subsection (1); or
43          (c) the accused is a minor who left a bigamous relationship as defined in Subsection
44     (1).
45          Section 2. Section 76-7-101.5 is amended to read:
46          76-7-101.5. Child bigamy -- Penalty.
47          (1) An actor 18 years of age or older is guilty of child bigamy when, knowing he or she
48     has a wife or husband, or knowing that a person under 18 years of age has a wife or husband,
49     the actor carries out the following with the person who is under 18 years of age:
50          (a) purports to marry the person who is under 18 years of age; [or] and
51          (b) [cohabits] cohabitates with the person who is under 18 years of age.
52          (2) A violation of Subsection (1) is a second degree felony.
53          Section 3. Effective date.
54          If approved by two-thirds of all the members elected to each house, this bill takes effect
55     upon approval by the governor, or the day following the constitutional time limit of Utah
56     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
57     the date of veto override.