1     
VICTIM TARGETING PENALTY ENHANCEMENTS

2     
2018 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel W. Thatcher

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House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Criminal Code regarding sentencing for offenses committed
10     against individuals selected because of certain personal attributes.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for an enhanced penalty for a criminal offense if the offender acted against
14     an individual because of the offender's perception of the individual's ancestry,
15     disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual
16     orientation;
17          ▸     provides the same enhancement provisions if the criminal offense damages property
18     and the offender acted against the property because of the offender's perception of
19     the property owner's ancestry, disability, ethnicity, gender, gender identity, national
20     origin, race, religion, or sexual orientation; and
21          ▸     provides that this bill does not affect an individual's constitutional right of free
22     speech or any other constitutional rights.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     ENACTS:
29          76-3-203.13, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 76-3-203.13 is enacted to read:
33          76-3-203.13. Victim targeting penalty enhancement -- Penalties.
34          (1) An actor is subject to enhanced penalties under Subsection (2) if the actor
35     intentionally selects:
36          (a) the individual against whom the offense is committed in whole or in part because of
37     the actor's belief or perception regarding an individual's ancestry, disability, ethnicity, gender,
38     gender identity, national origin, race, religion, or sexual orientation, or the association of that
39     individual with another individual or group of individuals who have one or more of these
40     characteristics, regardless of whether the actor's belief or perception is correct; or
41          (b) the property damaged or otherwise affected by the offense in whole or in part
42     because of the actor's belief or perception regarding the ancestry, disability, ethnicity, gender,
43     gender identity, national origin, race, religion, or sexual orientation of the property's owner,
44     possessor, or occupant, or the association or relationship of the property's owner, possessor, or
45     occupant with another individual or group of individuals having one or more of these
46     characteristics, regardless of whether the actor's belief or perception is correct.
47          (2) If the trier of fact finds beyond a reasonable doubt that an actor has committed a
48     crime and selected the individual or property in the manner described in Subsection (1), the
49     actor is subject to an enhanced penalty for the offense as follows:
50          (a) a class C misdemeanor is a class B misdemeanor;
51          (b) a class B misdemeanor is a class A misdemeanor;
52          (c) a class A misdemeanor is a third degree felony;
53          (d) a third degree felony is a third degree felony punishable by an indeterminate term of
54     imprisonment for not less than one year nor more than five years; and
55          (e) a second degree felony is a second degree felony punishable by an indeterminate
56     term of imprisonment for not less than two years nor more than fifteen years.
57          (3) If the trier of fact finds beyond a reasonable doubt that the actor has committed a
58     first degree felony and selected the individual or property in the manner described in

59     Subsection (1), the sentencing judge or the Board of Pardons and Parole shall consider:
60          (a) the actor's selection of the individual or property as an aggravating factor; and
61          (b) whether the penalty for the first degree felony is increased under another provision
62     of state law.
63          (4) This section does not apply to:
64          (a) the actor's selection of a victim because of the victim's gender in the commission of
65     a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
66          (b) a class B or class C misdemeanor enhanced under Subsection 76-3-203.3(2).
67          (5) This section does not prevent the court from imposing alternative sanctions as the
68     court finds appropriate.
69          (6) This section does not affect or limit any individual's constitutional right to the
70     lawful expression of free speech or other recognized rights secured by the Utah Constitution or
71     the laws of the state, or by the United States Constitution or the laws of the United States.
72          (7) Subsection (1)(a) does not create a special or protected class for any purpose other
73     than a criminal penalty enhancement under this section.






Legislative Review Note
Office of Legislative Research and General Counsel