1     
CYBER EXPLOITATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to criminal sexual offenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines the crimes of sexual extortion and aggravated sexual extortion;
13          ▸     provides criminal penalties for the crimes of sexual extortion and aggravated sexual
14     extortion;
15          ▸     provides that aggravated sexual extortion is a registerable offense under the Sex and
16     Kidnap Offender Registry; and
17          ▸     defines terms.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          77-41-102, as last amended by Laws of Utah 2016, Chapter 372
25          77-41-106, as last amended by Laws of Utah 2015, Chapter 210
26     ENACTS:
27          76-5b-204, Utah Code Annotated 1953

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 76-5b-204 is enacted to read:
31          76-5b-204. Sexual extortion -- Penalties.
32          (1) As used in this section:
33          (a) "Adult" means an individual 18 years of age or older.
34          (b) "Child" means any individual under the age of 18.
35          (c) "Distribute" means the same as that term is defined in Section 76-5b-203.
36          (d) "Intimate image" means the same as that term is defined in Section 76-5b-203.
37          (e) "Position of special trust" means the same as that term is defined in Section
38     76-5-401.1.
39          (f) "Sexually explicit conduct" means the same as that term is defined in Subsection
40     76-5b-203(1)(c).
41          (g) "Simulated sexually explicit conduct" means the same as that term is defined in
42     Section 76-5b-203.
43          (h) "Vulnerable adult" means the same ast that term is defined in Section 76-5-111.
44          (2) An individual commits the offense of sexual extortion if the individual:
45          (a) with an intent to coerce a victim to engage in sexual contact, in sexually explicit
46     conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an
47     image, video, or other recording of any individual naked or engaged in sexually explicit
48     conduct, communicates in person or by electronic means a threat:
49          (i) to the victim's person, property, or reputation; or
50          (ii) to distribute an intimate image or video of the victim; or
51          (b) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct,
52     or in simulated sexually explicit conduct, or to produce, provide, or distribute any image,
53     video, or other recording of any individual naked or engaged in sexually explicit conduct.
54          (3) (a) Sexual extortion is a third degree felony.
55          (b) Aggravated sexual extortion of an adult is a second degree felony.
56          (c) Aggravated sexual extortion of a child or a vulnerable adult is a first degree felony.
57          (4) An individual commits aggravated sexual extortion when, in conjunction with the
58     offense described in Subsection (2), any of the following circumstances have been charged and

59     admitted or found true in the action for the offense:
60          (a) the victim is a child or vulnerable adult;
61          (b) the offense was committed by the use of a dangerous weapon, as defined in Section
62     76-1-601, or by violence, intimidation, menace, fraud, or threat of physical harm, or was
63     committed during the course of a kidnapping;
64          (c) the individual caused bodily injury or severe psychological injury to the victim
65     during or as a result of the offense;
66          (d) the individual was a stranger to the victim or became a friend of the victim for the
67     purpose of committing the offense;
68          (e) the individual, before sentencing for the offense, was previously convicted of any
69     sexual offense;
70          (f) the individual occupied a position of special trust in relation to the victim;
71          (g) the individual encouraged, aided, allowed, or benefitted from acts of prostitution or
72     sexual acts by the victim with any other individual, or sexual performance by the victim before
73     any other individual, human trafficking, or human smuggling; or
74          (h) the individual caused the penetration, however slight, of the genital or anal opening
75     of the victim by any part or parts of the human body, or by any other object.
76          (5) An individual commits a separate offense under this section:
77          (a) for each victim the individual subjects to the offense outlined in Subsection (2); and
78          (b) for each separate time the individual subjects a victim to the offense outlined
79     Subsection (2).
80          (6) This section does not preclude an individual from being charged and convicted of a
81     separate criminal act if the individual commits the separate criminal act while the individual
82     violates or attempts to violate this section.
83          Section 2. Section 77-41-102 is amended to read:
84          77-41-102. Definitions.
85          As used in this chapter:
86          (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
87     Safety established in section 53-10-201.
88          (2) "Business day" means a day on which state offices are open for regular business.
89          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal

90     Identification showing that the offender has met the requirements of Section 77-41-112.
91          (4) "Department" means the Department of Corrections.
92          (5) "Division" means the Division of Juvenile Justice Services.
93          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
94     time, whether financially compensated, volunteered, or for the purpose of government or
95     educational benefit.
96          (7) "Indian Country" means:
97          (a) all land within the limits of any Indian reservation under the jurisdiction of the
98     United States government, regardless of the issuance of any patent, and includes rights-of-way
99     running through the reservation;
100          (b) all dependent Indian communities within the borders of the United States whether
101     within the original or subsequently acquired territory, and whether or not within the limits of a
102     state; and
103          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
104     not been extinguished, including rights-of-way running through the allotments.
105          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
106     property under the jurisdiction of the United States military, Canada, the United Kingdom,
107     Australia, or New Zealand.
108          (9) "Kidnap offender" means any person other than a natural parent of the victim who:
109          (a) has been convicted in this state of a violation of:
110          (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
111          (ii) Section 76-5-301.1, child kidnapping;
112          (iii) Section 76-5-302, aggravated kidnapping;
113          (iv) Section 76-5-310, aggravated human trafficking, on or after May 10, 2011; or
114          (v) attempting, soliciting, or conspiring to commit any felony offense listed in
115     Subsections (9)(a)(i) through (iv);
116          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
117     commit a crime in another jurisdiction, including any state, federal, or military court that is
118     substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
119          (i) a Utah resident; or
120          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of

121     10 or more days, regardless of whether or not the offender intends to permanently reside in this
122     state;
123          (c) (i) is required to register as a kidnap offender in any other jurisdiction of original
124     conviction, who is required to register as a kidnap offender by any state, federal, or military
125     court, or who would be required to register as a kidnap offender if residing in the jurisdiction of
126     the conviction regardless of the date of the conviction or any previous registration
127     requirements; and
128          (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
129     whether or not the offender intends to permanently reside in this state;
130          (d) is a nonresident regularly employed or working in this state, or who is a student in
131     this state, and was convicted of one or more offenses listed in Subsection (9), or any
132     substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
133     required to register in the person's state of residence;
134          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
135     one or more offenses listed in Subsection (9); or
136          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
137     and who has been committed to the division for secure confinement for that offense and
138     remains in the division's custody 30 days prior to the person's 21st birthday.
139          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
140     minor's noncustodial parent.
141          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
142     as defined in Subsection (17).
143          (12) "Online identifier" or "Internet identifier":
144          (a) means any electronic mail, chat, instant messenger, social networking, or similar
145     name used for Internet communication; and
146          (b) does not include date of birth, social security number, PIN number, or Internet
147     passwords.
148          (13) "Primary residence" means the location where the offender regularly resides, even
149     if the offender intends to move to another location or return to another location at any future
150     date.
151          (14) "Register" means to comply with the requirements of this chapter and

152     administrative rules of the department made under this chapter.
153          (15) "Registration website" means the Sex and Kidnap Offender Notification and
154     Registration website described in Section 77-41-110 and the information on the website.
155          (16) "Secondary residence" means any real property that the offender owns or has a
156     financial interest in, or any location where, in any 12-month period, the offender stays
157     overnight a total of 10 or more nights when not staying at the offender's primary residence.
158          (17) "Sex offender" means any person:
159          (a) convicted in this state of:
160          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
161          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
162     2011;
163          (iii) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
164          (iv) Section 76-5-401.1, sexual abuse of a minor, except under Subsection
165     76-5-401.1(3)(a);
166          (v) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
167          (vi) Section 76-5-402, rape;
168          (vii) Section 76-5-402.1, rape of a child;
169          (viii) Section 76-5-402.2, object rape;
170          (ix) Section 76-5-402.3, object rape of a child;
171          (x) a felony violation of Section 76-5-403, forcible sodomy;
172          (xi) Section 76-5-403.1, sodomy on a child;
173          (xii) Section 76-5-404, forcible sexual abuse;
174          (xiii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
175          (xiv) Section 76-5-405, aggravated sexual assault;
176          (xv) Section 76-5-412, custodial sexual relations, when the person in custody is
177     younger than 18 years of age, if the offense is committed on or after May 10, 2011;
178          (xvi) Section 76-5b-201, sexual exploitation of a minor;
179          (xvii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
180          [(xvii)] (xviii) Section 76-7-102, incest;
181          [(xviii)] (xix) Section 76-9-702, lewdness, if the person has been convicted of the
182     offense four or more times;

183          [(xix)] (xx) Section 76-9-702.1, sexual battery, if the person has been convicted of the
184     offense four or more times;
185          [(xx)] (xxi) any combination of convictions of Section 76-9-702, lewdness, and of
186     Section 76-9-702.1, sexual battery, that total four or more convictions;
187          [(xxi)] (xxii) Section 76-9-702.5, lewdness involving a child;
188          [(xxii)] (xxiii) a felony or class A misdemeanor violation of Section 76-9-702.7,
189     voyeurism;
190          [(xxiii)] (xxiv) Section 76-10-1306, aggravated exploitation of prostitution; or
191          [(xxiv)] (xxv) attempting, soliciting, or conspiring to commit any felony offense listed
192     in Subsection (17)(a);
193          (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
194     commit a crime in another jurisdiction, including any state, federal, or military court that is
195     substantially equivalent to the offenses listed in Subsection (17)(a) and who is:
196          (i) a Utah resident; or
197          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
198     10 or more days, regardless of whether the offender intends to permanently reside in this state;
199          (c) (i) who is required to register as a sex offender in any other jurisdiction of original
200     conviction, who is required to register as a sex offender by any state, federal, or military court,
201     or who would be required to register as a sex offender if residing in the jurisdiction of the
202     original conviction regardless of the date of the conviction or any previous registration
203     requirements; and
204          (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
205     regardless of whether or not the offender intends to permanently reside in this state;
206          (d) who is a nonresident regularly employed or working in this state or who is a student
207     in this state and was convicted of one or more offenses listed in Subsection (17)(a), or any
208     substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
209     to register in the person's jurisdiction of residence;
210          (e) who is found not guilty by reason of insanity in this state, or in any other
211     jurisdiction of one or more offenses listed in Subsection (17)(a); or
212          (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
213     (17)(a) and who has been committed to the division for secure confinement for that offense and

214     remains in the division's custody 30 days prior to the person's 21st birthday.
215          (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
216     Driving Under the Influence and Reckless Driving.
217          (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
218     any jurisdiction.
219          Section 3. Section 77-41-106 is amended to read:
220          77-41-106. Registerable offenses.
221          Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
222          (1) any offense listed in Subsection 77-41-102(9) or (17) if, at the time of the
223     conviction, the offender has previously been convicted of an offense listed in Subsection
224     77-41-102(9) or (17) or has previously been required to register as a sex offender for an offense
225     committed as a juvenile;
226          (2) a conviction for any of the following offenses, including attempting, soliciting, or
227     conspiring to commit any felony of:
228          (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
229     the victim;
230          (b) Section 76-5-402, rape;
231          (c) Section 76-5-402.1, rape of a child;
232          (d) Section 76-5-402.2, object rape;
233          (e) Section 76-5-402.3, object rape of a child;
234          (f) Section 76-5-403.1, sodomy on a child;
235          (g) Subsection 76-5-404.1(4), aggravated sexual abuse of a child; or
236          (h) Section 76-5-405, aggravated sexual assault;
237          (3) Section 76-4-401, a felony violation of enticing a minor over the Internet;
238          (4) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent
239     of the victim;
240          (5) Section 76-5-403, forcible sodomy;
241          (6) Section 76-5-404.1, sexual abuse of a child;
242          (7) Section 76-5b-201, sexual exploitation of a minor; [or]
243          (8) Subsection 76-5b-204(4), aggravated sexual extortion; or
244          [(8)] (9) Section 76-10-1306, aggravated exploitation of prostitution, on or after May

245     10, 2011.






Legislative Review Note
Office of Legislative Research and General Counsel