1     
AMENDMENTS TO CRIMINAL PROVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Karen Mayne

6     

7     LONG TITLE
8     General Description:
9          This bill modifies criminal offenses and penalties in the Utah Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the definition of "health professional" as the term relates to certain sexual
13     offenses;
14          ▸     modifies certain criminal offenses and penalties relating to:
15               •     dealing in material harmful to minors between a young adult and adolescent;
16               •     obstruction of alcoholic beverage control investigations;
17               •     registration as a sex offender;
18               •     rendering a dead body unavailable for postmortem investigation;
19               •     repeated violations of the Minimum Wage Act; and
20               •     theft;
21          ▸     repeals the criminal offenses of adultery and sodomy;
22          ▸     provides immunity from prosecution for the offenses of prostitution and sexual
23     solicitation under certain circumstances; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:

30     AMENDS:
31          26-2-18.5, as enacted by Laws of Utah 2009, Chapter 223
32          31A-22-726, as last amended by Laws of Utah 2015, Chapter 283
33          32B-4-505, as enacted by Laws of Utah 2010, Chapter 276
34          34-40-204, as last amended by Laws of Utah 1997, Chapter 375
35          53G-6-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
36          62A-15-602, as last amended by Laws of Utah 2018, Chapter 322
37          76-3-406, as last amended by Laws of Utah 2017, Chapter 397
38          76-5-403, as last amended by Laws of Utah 2013, Chapter 81
39          76-5-404, as last amended by Laws of Utah 2018, Chapter 192
40          76-5-406, as last amended by Laws of Utah 2018, Chapter 176
41          76-5-407, as last amended by Laws of Utah 2000, Chapter 128
42          76-6-412, as last amended by Laws of Utah 2018, Chapter 265
43          76-7-302, as last amended by Laws of Utah 2018, Chapter 282
44          76-7-305, as last amended by Laws of Utah 2018, Chapter 282
45          76-10-1206, as last amended by Laws of Utah 2009, Chapter 345
46          76-10-1302, as last amended by Laws of Utah 2017, Chapter 433
47          76-10-1313, as last amended by Laws of Utah 2018, Chapter 308
48          77-41-107, as last amended by Laws of Utah 2015, Chapter 210
49     REPEALS:
50          76-7-103, as last amended by Laws of Utah 1991, Chapter 241
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 26-2-18.5 is amended to read:
54          26-2-18.5. Rendering a dead body unavailable for postmortem investigation.
55          (1) As used in this section:
56          (a) "Medical examiner" [is as] means the same as that term is defined in Section
57     26-4-2.

58          (b) "Unavailable for postmortem investigation" [is as] means the same as that term is
59     defined in Section 26-4-2.
60          (2) It is unlawful for a person to engage in any conduct that makes a dead body
61     unavailable for postmortem investigation, unless, before engaging in that conduct, the person
62     obtains a permit from the medical examiner to render the dead body unavailable for
63     postmortem investigation, under Section 26-4-29[.], if the person intends to make the body
64     unavailable for postmortem investigation.
65          (3) A person who violates Subsection (2) is guilty of a [class B misdemeanor] third
66     degree felony.
67          (4) If a person engages in conduct that constitutes both a violation of this section and a
68     violation of Section 76-9-704, the provisions and penalties of Section 76-9-704 [supercede]
69     supersede the provisions and penalties of this section.
70          Section 2. Section 31A-22-726 is amended to read:
71          31A-22-726. Abortion coverage restriction in health benefit plan and on health
72     insurance exchange.
73          (1) As used in this section, "permitted abortion coverage" means coverage for abortion:
74          (a) that is necessary to avert:
75          (i) the death of the woman on whom the abortion is performed; or
76          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
77     of the woman on whom the abortion is performed;
78          (b) of a fetus that has a defect that is documented by a physician or physicians to be
79     uniformly diagnosable and uniformly lethal; or
80          (c) where the woman is pregnant as a result of:
81          (i) rape, as described in Section 76-5-402;
82          (ii) rape of a child, as described in Section 76-5-402.1; or
83          (iii) incest, as described in Subsection 76-5-406[(10)] (2)(j) or Section 76-7-102.
84          (2) A person may not offer coverage for an abortion in a health benefit plan, unless the
85     coverage is a type of permitted abortion coverage.

86          [(3) A person may not offer a health benefit plan that provides coverage for an abortion
87     in a health insurance exchange created under Title 63N, Chapter 11, Health System Reform
88     Act, unless the coverage is a type of permitted abortion coverage.]
89          [(4)] (3) A person may not offer a health benefit plan that provides coverage for an
90     abortion in a health insurance exchange created under the federal Patient Protection and
91     Affordable Care Act, 111 P.L. 148, unless the coverage is a type of permitted abortion
92     coverage.
93          Section 3. Section 32B-4-505 is amended to read:
94          32B-4-505. Obstructing a search, official proceeding, or investigation.
95          (1) A person who is in the premises or has charge over premises may not refuse or fail
96     to admit to the premises or obstruct the entry of any of the following who demands entry when
97     acting under this title:
98          (a) a commissioner;
99          (b) an authorized representative of the commission or department; or
100          (c) a law enforcement officer.
101          (2) A person who is in the premises or has charge of the premises may not interfere
102     with any of the following who is conducting an investigation under this title at the premises:
103          (a) a commissioner;
104          (b) an authorized representative of the commission or department; or
105          (c) a law enforcement officer.
106          (3) A person is guilty of a [second degree felony] class A misdemeanor if, believing
107     that an official proceeding or investigation is pending or about to be instituted under this title,
108     that person:
109          (a) alters, destroys, conceals, or removes a record with a purpose to impair [its] the
110     record's verity or availability in the proceeding or investigation; or
111          (b) makes, presents, or uses anything that the person knows to be false with a purpose
112     to deceive any of the following who may be engaged in a proceeding or investigation under this
113     title:

114          (i) a commissioner;
115          (ii) an authorized representative of the commission or department;
116          (iii) a law enforcement officer; or
117          (iv) other person.
118          Section 4. Section 34-40-204 is amended to read:
119          34-40-204. Criminal penalty -- Enforcement.
120          (1) [(a) Repeated violation of this chapter is a class B misdemeanor.]
121          [(b) "Repeated violations" does not include] As used in this section, "violation"
122     includes separate violations as to individual employees arising out of the same investigation or
123     enforcement action.
124          (2) (a) A violation of this chapter is an infraction.
125          (b) A second violation of this chapter is a class C misdemeanor.
126          (c) A third or subsequent violation of this chapter is a class B misdemeanor.
127          [(2) Upon the third violation by the same employer within a three-year period, the]
128          (3) Upon an employer's violation of this section, the commission may prosecute a
129     criminal action in the name of the state.
130          [(3)] (4) The county attorney, district attorney, or attorney general shall provide
131     assistance in prosecutions under this section at the request of the commission.
132          Section 5. Section 53G-6-707 is amended to read:
133          53G-6-707. Interstate compact students -- Inclusion in attendance count --
134     Foreign exchange students -- Annual report -- Requirements for exchange student
135     agencies.
136          (1) A school district or charter school may include the following students in the
137     district's or school's membership and attendance count for the purpose of apportionment of
138     state money:
139          (a) a student enrolled under an interstate compact, established between the State Board
140     of Education and the state education authority of another state, under which a student from one
141     compact state would be permitted to enroll in a public school in the other compact state on the

142     same basis as a resident student of the receiving state; or
143          (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
144     on Placement of Children.
145          (2) A school district or charter school may:
146          (a) enroll foreign exchange students that do not qualify for state money; and
147          (b) pay for the costs of those students with other funds available to the school district
148     or charter school.
149          (3) Due to the benefits to all students of having the opportunity to become familiar
150     with individuals from diverse backgrounds and cultures, school districts are encouraged to
151     enroll foreign exchange students, as provided in Subsection (2), particularly in schools with
152     declining or stable enrollments where the incremental cost of enrolling the foreign exchange
153     student may be minimal.
154          (4) The board shall make an annual report to the Legislature on the number of
155     exchange students and the number of interstate compact students sent to or received from
156     public schools outside the state.
157          (5) (a) A local school board or charter school governing board shall require each
158     approved exchange student agency to provide it with a sworn affidavit of compliance prior to
159     the beginning of each school year.
160          (b) The affidavit shall include the following assurances:
161          (i) that the agency has complied with all applicable policies of the board;
162          (ii) that a household study, including a background check of all adult residents, has
163     been made of each household where an exchange student is to reside, and that the study was of
164     sufficient scope to provide reasonable assurance that the exchange student will receive proper
165     care and supervision in a safe environment;
166          (iii) that host parents have received training appropriate to their positions, including
167     information about enhanced criminal penalties under Subsection 76-5-406[(10)](2)(j) for
168     persons who are in a position of special trust;
169          (iv) that a representative of the exchange student agency shall visit each student's place

170     of residence at least once each month during the student's stay in Utah;
171          (v) that the agency will cooperate with school and other public authorities to ensure
172     that no exchange student becomes an unreasonable burden upon the public schools or other
173     public agencies;
174          (vi) that each exchange student will be given in the exchange student's native language
175     names and telephone numbers of agency representatives and others who could be called at any
176     time if a serious problem occurs; and
177          (vii) that alternate placements are readily available so that no student is required to
178     remain in a household if conditions appear to exist which unreasonably endanger the student's
179     welfare.
180          (6) (a) A local school board or charter school governing board shall provide each
181     approved exchange student agency with a list of names and telephone numbers of individuals
182     not associated with the agency who could be called by an exchange student in the event of a
183     serious problem.
184          (b) The agency shall make a copy of the list available to each of its exchange students
185     in the exchange student's native language.
186          (7) Notwithstanding Subsection 53F-2-303(3)(a), a school district or charter school
187     shall enroll a foreign exchange student if the foreign exchange student:
188          (a) is sponsored by an agency approved by the State Board of Education;
189          (b) attends the same school during the same time period that another student from the
190     school is:
191          (i) sponsored by the same agency; and
192          (ii) enrolled in a school in a foreign country; and
193          (c) is enrolled in the school for one year or less.
194          Section 6. Section 62A-15-602 is amended to read:
195          62A-15-602. Definitions.
196          As used in this part, Part 7, Commitment of Persons Under Age 18 to Division of
197     Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah

198     Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and Part
199     12, Essential Treatment and Intervention Act:
200          (1) "Adult" means an individual 18 years of age or older.
201          (2) "Approved treatment facility or program" means a treatment provider that meets the
202     standards described in Subsection 62A-15-103(2)(a)(v).
203          (3) "Commitment to the custody of a local mental health authority" means that an adult
204     is committed to the custody of the local mental health authority that governs the mental health
205     catchment area where the adult resides or is found.
206          (4) "Community mental health center" means an entity that provides treatment and
207     services to a resident of a designated geographical area, that operates by or under contract with
208     a local mental health authority, and that complies with state standards for community mental
209     health centers.
210          (5) "Designated examiner" means:
211          (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
212     specially qualified by training or experience in the diagnosis of mental or related illness; or
213          (b) a licensed mental health professional designated by the division as specially
214     qualified by training and who has at least five years' continual experience in the treatment of
215     mental illness.
216          (6) "Designee" means a physician who has responsibility for medical functions
217     including admission and discharge, an employee of a local mental health authority, or an
218     employee of a person that has contracted with a local mental health authority to provide mental
219     health services under Section 17-43-304.
220          (7) "Essential treatment" and "essential treatment and intervention" mean court-ordered
221     treatment at a local substance abuse authority or an approved treatment facility or program for
222     the treatment of an adult's substance use disorder.
223          (8) "Harmful sexual conduct" means the following conduct upon an individual without
224     the individual's consent, including the nonconsensual circumstances described in Subsections
225     76-5-406[(1) through (12)] (2)(a) through (l):

226          (a) sexual intercourse;
227          (b) penetration, however slight, of the genital or anal opening of the individual;
228          (c) any sexual act involving the genitals or anus of the actor or the individual and the
229     mouth or anus of either individual, regardless of the gender of either participant; or
230          (d) any sexual act causing substantial emotional injury or bodily pain.
231          (9) "Institution" means a hospital or a health facility licensed under Section 26-21-8.
232          (10) "Local substance abuse authority" means the same as that term is defined in
233     Section 62A-15-102 and described in Section 17-43-201.
234          (11) "Mental health facility" means the Utah State Hospital or other facility that
235     provides mental health services under contract with the division, a local mental health
236     authority, a person that contracts with a local mental health authority, or a person that provides
237     acute inpatient psychiatric services to a patient.
238          (12) "Mental health officer" means an individual who is designated by a local mental
239     health authority as qualified by training and experience in the recognition and identification of
240     mental illness, to:
241          (a) apply for and provide certification for a temporary commitment; or
242          (b) assist in the arrangement of transportation to a designated mental health facility.
243          (13) "Mental illness" means:
244          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
245     behavioral, or related functioning; or
246          (b) the same as that term is defined in:
247          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
248     published by the American Psychiatric Association; or
249          (ii) the current edition of the International Statistical Classification of Diseases and
250     Related Health Problems.
251          (14) "Patient" means an individual who is:
252          (a) under commitment to the custody or to the treatment services of a local mental
253     health authority; or

254          (b) undergoing essential treatment and intervention.
255          (15) "Physician" means an individual who is:
256          (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
257          (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
258     Practice Act.
259          (16) "Serious bodily injury" means bodily injury that involves a substantial risk of
260     death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
261     protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
262          (17) "Substantial danger" means that due to mental illness, an individual is at serious
263     risk of:
264          (a) suicide;
265          (b) serious bodily self-injury;
266          (c) serious bodily injury because the individual is incapable of providing the basic
267     necessities of life, including food, clothing, or shelter;
268          (d) causing or attempting to cause serious bodily injury to another individual; or
269          (e) engaging in harmful sexual conduct.
270          (18) "Treatment" means psychotherapy, medication, including the administration of
271     psychotropic medication, or other medical treatments that are generally accepted medical or
272     psychosocial interventions for the purpose of restoring the patient to an optimal level of
273     functioning in the least restrictive environment.
274          Section 7. Section 76-3-406 is amended to read:
275          76-3-406. Crimes for which probation, suspension of sentence, lower category of
276     offense, or hospitalization may not be granted.
277          (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
278     Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
279     76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
280     suspended, the court may not enter a judgment for a lower category of offense, and
281     hospitalization may not be ordered, the effect of which would in any way shorten the prison

282     sentence for [any person] an individual who commits a capital felony or a first degree felony
283     involving:
284          (a) Section 76-5-202, aggravated murder;
285          (b) Section 76-5-203, murder;
286          (c) Section 76-5-301.1, child kidnaping;
287          (d) Section 76-5-302, aggravated kidnaping;
288          (e) Section 76-5-402, rape, if the [person] individual is sentenced under Subsection
289     76-5-402(3)(b), (3)(c), or (4);
290          (f) Section 76-5-402.1, rape of a child;
291          (g) Section 76-5-402.2, object rape, if the [person] individual is sentenced under
292     Subsection 76-5-402.2(1)(b), (1)(c), or (2);
293          (h) Section 76-5-402.3, object rape of a child;
294          (i) Section 76-5-403, forcible sodomy, if the [person] individual is sentenced under
295     Subsection 76-5-403[(4)] (3)(b), [(4)] (3)(c), or [(5)] (4);
296          (j) Section 76-5-403.1, sodomy on a child;
297          (k) Section 76-5-404, forcible sexual abuse, if the [person] individual is sentenced
298     under Subsection 76-5-404(2)(b) or (3);
299          (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
300          (m) Section 76-5-405, aggravated sexual assault; or
301          (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
302          (2) The provisions of this section do not apply if the sentencing court finds that the
303     defendant was under the age of 18 at the time of the offense and could have been adjudicated in
304     the juvenile court but for the delayed reporting or delayed filing of the Information, unless the
305     offenses are before the court pursuant to Section 78A-6-701, 78A-6-702, or 78A-6-703.
306          Section 8. Section 76-5-403 is amended to read:
307          76-5-403. Forcible sodomy.
308          (1) [A person commits sodomy when the actor engages in any sexual act with a person
309     who is 14 years of age or older involving the genitals of one person and mouth or anus of

310     another person, regardless of the sex of either participant.] As used in this section, "sodomy"
311     means engaging in any sexual act with an individual who is 14 years of age or older involving
312     the genitals of one individual and the mouth or anus of another individual, regardless of the sex
313     of either participant.
314          (2) [A person] An individual commits forcible sodomy when the actor commits
315     sodomy upon another without the other's consent.
316          [(3) Sodomy is a class B misdemeanor.]
317          [(4)] (3) Forcible sodomy is a first degree felony, punishable by a term of
318     imprisonment of:
319          (a) except as provided in Subsection [(4)] (3)(b) or (c), not less than five years and
320     which may be for life;
321          (b) except as provided in Subsection [(4)] (3)(c) or [(5)] (4), 15 years and which may
322     be for life, if the trier of fact finds that:
323          (i) during the course of the commission of the forcible sodomy the defendant caused
324     serious bodily injury to another; or
325          (ii) at the time of the commission of the rape, the defendant was younger than 18 years
326     of age and was previously convicted of a grievous sexual offense; or
327          (c) life without parole, if the trier of fact finds that at the time of the commission of the
328     forcible sodomy the defendant was previously convicted of a grievous sexual offense.
329          [(5)] (4) If, when imposing a sentence under Subsection [(4)] (3)(b), a court finds that a
330     lesser term than the term described in Subsection [(4)] (3)(b) is in the interests of justice and
331     states the reasons for this finding on the record, the court may impose a term of imprisonment
332     of not less than:
333          (a) 10 years and which may be for life; or
334          (b) six years and which may be for life.
335          [(6)] (5) The provisions of Subsection [(5)] (4) do not apply when [a person] an
336     individual is sentenced under Subsection [(4)] (3)(a) or (c).
337          [(7)] (6) Imprisonment under Subsection [(4)] (3)(b), [(4)] (3)(c), or [(5)] (4) is

338     mandatory in accordance with Section 76-3-406.
339          Section 9. Section 76-5-404 is amended to read:
340          76-5-404. Forcible sexual abuse.
341          (1) An individual commits forcible sexual abuse if the victim is 14 years of age or
342     older and, under circumstances not amounting to rape, object rape, forcible sodomy, or
343     attempted rape or forcible sodomy, the actor touches the anus, buttocks, pubic area, or any part
344     of the genitals of another, or touches the breast of a female, or otherwise takes indecent
345     liberties with another, with intent to cause substantial emotional or bodily pain to any
346     individual or with the intent to arouse or gratify the sexual desire of any individual, without the
347     consent of the other, regardless of the sex of any participant.
348          (2) Forcible sexual abuse is:
349          (a) except as provided in Subsection (2)(b), a felony of the second degree, punishable
350     by a term of imprisonment of not less than one year nor more than 15 years; or
351          (b) except as provided in Subsection (3), a felony of the first degree, punishable by a
352     term of imprisonment for 15 years and which may be for life, if the trier of fact finds that
353     during the course of the commission of the forcible sexual abuse the defendant caused serious
354     bodily injury to another.
355          (3) If, when imposing a sentence under Subsection (2)(b), a court finds that a lesser
356     term than the term described in Subsection (2)(b) is in the interests of justice and states the
357     reasons for this finding on the record, the court may impose a term of imprisonment of not less
358     than:
359          (a) 10 years and which may be for life; or
360          (b) six years and which may be for life.
361          (4) Imprisonment under Subsection (2)(b) or (3) is mandatory in accordance with
362     Section 76-3-406.
363          Section 10. Section 76-5-406 is amended to read:
364          76-5-406. Sexual offenses against the victim without consent of victim --
365     Circumstances.

366          (1) As used in this section:
367          (a) "Health professional" means an individual who is licensed or who holds the
368     individual out to be licensed, or who otherwise provides professional physical or mental health
369     services, diagnosis, treatment, or counseling, including an athletic trainer, physician,
370     osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist,
371     social service worker, clinical social worker, certified social worker, marriage and family
372     therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse
373     specialist, or substance abuse counselor.
374          (b) "Religious counselor" means a minister, priest, rabbi, bishop, or other recognized
375     member of the clergy.
376          (c) "To retaliate" includes threats of physical force, kidnapping, or extortion.
377          (2) An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of
378     a child, object rape, attempted object rape, object rape of a child, attempted object rape of a
379     child, [sodomy, attempted sodomy,] forcible sodomy, attempted forcible sodomy, sodomy on a
380     child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse,
381     sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child,
382     attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the
383     victim under any of the following circumstances:
384          [(1)] (a) the victim expresses lack of consent through words or conduct;
385          [(2)] (b) the actor overcomes the victim through the actual application of physical force
386     or violence;
387          [(3)] (c) the actor is able to overcome the victim through concealment or by the
388     element of surprise;
389          [(4) (a) (i)] (d) (i) the actor coerces the victim to submit by threatening to retaliate in
390     the immediate future against the victim or any other person, and the victim perceives at the
391     time that the actor has the ability to execute this threat; or
392          (ii) the actor coerces the victim to submit by threatening to retaliate in the future
393     against the victim or any other person, and the victim believes at the time that the actor has the

394     ability to execute this threat;
395          [(b) as used in this Subsection (4), "to retaliate" includes threats of physical force,
396     kidnapping, or extortion;]
397          [(5)] (e) the actor knows the victim is unconscious, unaware that the act is occurring, or
398     physically unable to resist;
399          [(6)] (f) the actor knows or reasonably should know that the victim has a mental
400     disease or defect, which renders the victim unable to:
401          [(a)] (i) appraise the nature of the act;
402          [(b)] (ii) resist the act;
403          [(c)] (iii) understand the possible consequences to the victim's health or safety; or
404          [(d)] (iv) appraise the nature of the relationship between the actor and the victim[.];
405          [(7)] (g) the actor knows that the victim submits or participates because the victim
406     erroneously believes that the actor is the victim's spouse;
407          [(8)] (h) the actor intentionally impaired the power of the victim to appraise or control
408     his or her conduct by administering any substance without the victim's knowledge;
409          [(9)] (i) the victim is younger than 14 years of age;
410          [(10)] (j) the victim is younger than 18 years of age and at the time of the offense the
411     actor was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a
412     position of special trust in relation to the victim as defined in Section 76-5-404.1;
413          [(11)] (k) the victim is 14 years of age or older, but younger than 18 years of age, and
414     the actor is more than three years older than the victim and entices or coerces the victim to
415     submit or participate, under circumstances not amounting to the force or threat required under
416     Subsection [(2) or (4)] (2)(b) or (d); or
417          [(12)] (l) the actor is a health professional or religious counselor, [as those terms are
418     defined in this Subsection (12),] the act is committed under the guise of providing professional
419     diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed
420     that the act was for medically or professionally appropriate diagnosis, counseling, or treatment
421     to the extent that resistance by the victim could not reasonably be expected to have been

422     manifested[; for purposes of this Subsection (12):]
423          [(a) "health professional" means an individual who is licensed or who holds himself or
424     herself out to be licensed, or who otherwise provides professional physical or mental health
425     services, diagnosis, treatment, or counseling including, but not limited to, a physician,
426     osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist,
427     social service worker, clinical social worker, certified social worker, marriage and family
428     therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse
429     specialist, or substance abuse counselor; and]
430          [(b) "religious counselor" means a minister, priest, rabbi, bishop, or other recognized
431     member of the clergy].
432          Section 11. Section 76-5-407 is amended to read:
433          76-5-407. Applicability of part -- "Penetration" or "touching" sufficient to
434     constitute offense.
435          (1) The provisions of this part do not apply to consensual conduct between [persons]
436     individuals married to each other.
437          (2) In any prosecution for:
438          (a) the following offenses, any sexual penetration, however slight, is sufficient to
439     constitute the relevant element of the offense:
440          (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving
441     sexual intercourse;
442          (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section
443     76-5-401.2, involving sexual intercourse; or
444          (iii) rape, a violation of Section 76-5-402; or
445          (b) the following offenses, any touching, however slight, is sufficient to constitute the
446     relevant element of the offense:
447          (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving
448     acts of sodomy;
449          (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section

450     76-5-401.2, involving acts of sodomy;
451          [(iii) sodomy, a violation of Subsection 76-5-403(1);]
452          [(iv)] (iii) forcible sodomy, a violation of Subsection 76-5-403(2);
453          [(v)] (iv) rape of a child, a violation of Section 76-5-402.1; or
454          [(vi)] (v) object rape of a child, a violation of Section 76-5-402.3.
455          (3) In any prosecution for the following offenses, any touching, even if accomplished
456     through clothing, is sufficient to constitute the relevant element of the offense:
457          (a) sodomy on a child, a violation of Section 76-5-403.1; or
458          (b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section
459     76-5-404.1.
460          Section 12. Section 76-6-412 is amended to read:
461          76-6-412. Theft -- Classification of offenses -- Action for treble damages.
462          (1) Theft of property and services as provided in this chapter is punishable:
463          (a) as a second degree felony if the:
464          (i) value of the property or services is or exceeds $5,000;
465          (ii) property stolen is a firearm or an operable motor vehicle; or
466          (iii) property is stolen from the person of another;
467          (b) as a third degree felony if:
468          (i) the value of the property or services is or exceeds $1,500 but is less than $5,000;
469          (ii) the value of the property or services is or exceeds $500 and the actor has been twice
470     before convicted of any of the following offenses, if each prior offense was committed within
471     10 years [of] before the date of the current conviction or the date of the offense upon which the
472     current conviction is based and at least one of those convictions is for a class A misdemeanor:
473          (A) any theft, any robbery, or any burglary with intent to commit theft;
474          (B) any offense under Title 76, Chapter 6, Part 5, Fraud; or
475          (C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);
476          [(iii) in a case not amounting to a second degree felony, the property taken is a stallion,
477     mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine,

478     poultry, or a fur-bearing animal raised for commercial purposes; or]
479          [(iv)] (iii) (A) the value of property or services is or exceeds $500 but is less than
480     $1,500;
481          (B) the theft occurs on a property where the offender has committed any theft within
482     the past five years; and
483          (C) the offender has received written notice from the merchant prohibiting the offender
484     from entering the property pursuant to Subsection 78B-3-108(4);
485          [(v)] (iv) the actor has been previously convicted of a felony violation of any of the
486     offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if the prior offense was
487     committed within 10 years before the date of the current conviction or the date of the offense
488     upon which the current conviction is based;
489          (c) as a class A misdemeanor if:
490          (i) the value of the property stolen is or exceeds $500 but is less than $1,500;
491          (ii) (A) the value of property or services is less than $500;
492          (B) the theft occurs on a property where the offender has committed any theft within
493     the past five years; and
494          (C) the offender has received written notice from the merchant prohibiting the offender
495     from entering the property pursuant to Subsection 78B-3-108(4); or
496          (iii) the actor has been twice before convicted of any of the offenses listed in
497     Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10
498     years [of] before the date of the current conviction or the date of the offense upon which the
499     current conviction is based; or
500          (d) as a class B misdemeanor if the value of the property stolen is less than $500 and
501     the theft is not an offense under Subsection (1)(c).
502          (2) Any individual who violates Subsection 76-6-408(1) or Subsection 76-6-413(1), or
503     commits theft of [property described in Subsection 76-6-412(1)(b)(iii)] a stallion, mare, colt,
504     gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a
505     fur-bearing animal raised for commercial purposes, is civilly liable for three times the amount

506     of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney
507     fees.
508          Section 13. Section 76-7-302 is amended to read:
509          76-7-302. Circumstances under which abortion authorized.
510          (1) As used in this section, "viable" means that the unborn child has reached a stage of
511     fetal development when the unborn child is potentially able to live outside the womb, as
512     determined by the attending physician to a reasonable degree of medical certainty.
513          (2) An abortion may be performed in this state only by a physician.
514          (3) An abortion may be performed in this state only under the following circumstances:
515          (a) the unborn child is not viable; or
516          (b) the unborn child is viable, if:
517          (i) the abortion is necessary to avert:
518          (A) the death of the woman on whom the abortion is performed; or
519          (B) a serious risk of substantial and irreversible impairment of a major bodily function
520     of the woman on whom the abortion is performed;
521          (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
522     patient's medical record that the fetus has a defect that is uniformly diagnosable and uniformly
523     lethal; or
524          (iii) (A) the woman is pregnant as a result of:
525          (I) rape, as described in Section 76-5-402;
526          (II) rape of a child, as described in Section 76-5-402.1; or
527          (III) incest, as described in Subsection 76-5-406[(10)] (2)(j) or Section 76-7-102; and
528          (B) before the abortion is performed, the physician who performs the abortion:
529          (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to
530     law enforcement; and
531          (II) complies with the requirements of Section 62A-4a-403.
532          (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
533     necessary to perform the abortion in another location due to a medical emergency.

534          Section 14. Section 76-7-305 is amended to read:
535          76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
536     -- Exceptions.
537          (1) A person may not perform an abortion, unless, before performing the abortion, the
538     physician who will perform the abortion obtains a voluntary and informed written consent from
539     the woman on whom the abortion is performed, that is consistent with:
540          (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
541     Current Opinions; and
542          (b) the provisions of this section.
543          (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
544     informed only if, at least 72 hours before the abortion:
545          (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
546     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
547     physician's assistant presents the information module to the pregnant woman;
548          (b) the pregnant woman views the entire information module and presents evidence to
549     the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
550     information module;
551          (c) after receiving the evidence described in Subsection (2)(b), the individual described
552     in Subsection (2)(a):
553          (i) documents that the pregnant woman viewed the entire information module;
554          (ii) gives the pregnant woman, upon her request, a copy of the documentation
555     described in Subsection (2)(c)(i); and
556          (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
557     who is to perform the abortion, upon request of that physician or the pregnant woman;
558          (d) after the pregnant woman views the entire information module, the physician who
559     is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
560     practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
561     physician's assistant, in a face-to-face consultation in any location in the state, orally informs

562     the woman of:
563          (i) the nature of the proposed abortion procedure;
564          (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
565     fetus;
566          (iii) the risks and alternatives to the abortion procedure or treatment;
567          (iv) the options and consequences of aborting a medication-induced abortion, if the
568     proposed abortion procedure is a medication-induced abortion;
569          (v) the probable gestational age and a description of the development of the unborn
570     child at the time the abortion would be performed;
571          (vi) the medical risks associated with carrying her child to term; and
572          (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
573     woman, upon her request; and
574          (e) after the pregnant woman views the entire information module, a staff member of
575     the abortion clinic or hospital provides to the pregnant woman:
576          (i) on a document that the pregnant woman may take home:
577          (A) the address for the department's website described in Section 76-7-305.5; and
578          (B) a statement that the woman may request, from a staff member of the abortion clinic
579     or hospital where the woman viewed the information module, a printed copy of the material on
580     the department's website; and
581          (ii) a printed copy of the material on the department's website described in Section
582     76-7-305.5, if requested by the pregnant woman.
583          (3) Before performing an abortion, the physician who is to perform the abortion shall:
584          (a) in a face-to-face consultation, provide the information described in Subsection
585     (2)(d), unless the attending physician or referring physician is the individual who provided the
586     information required under Subsection (2)(d); and
587          (b) (i) obtain from the pregnant woman a written certification that the information
588     required to be provided under Subsection (2) and this Subsection (3) was provided in
589     accordance with the requirements of Subsection (2) and this Subsection (3); and

590          (ii) obtain a copy of the statement described in Subsection (2)(c)(i).
591          (4) When a serious medical emergency compels the performance of an abortion, the
592     physician shall inform the woman prior to the abortion, if possible, of the medical indications
593     supporting the physician's judgment that an abortion is necessary.
594          (5) If an ultrasound is performed on a woman before an abortion is performed, the
595     individual who performs the ultrasound, or another qualified individual, shall:
596          (a) inform the woman that the ultrasound images will be simultaneously displayed in a
597     manner to permit her to:
598          (i) view the images, if she chooses to view the images; or
599          (ii) not view the images, if she chooses not to view the images;
600          (b) simultaneously display the ultrasound images in order to permit the woman to:
601          (i) view the images, if she chooses to view the images; or
602          (ii) not view the images, if she chooses not to view the images;
603          (c) inform the woman that, if she desires, the person performing the ultrasound, or
604     another qualified person shall provide a detailed description of the ultrasound images,
605     including:
606          (i) the dimensions of the unborn child;
607          (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
608          (iii) the presence of external body parts or internal organs, if present and viewable; and
609          (d) provide the detailed description described in Subsection [(6)] (5)(c), if the woman
610     requests it.
611          (6) The information described in Subsections (2), (3), and (5) is not required to be
612     provided to a pregnant woman under this section if the abortion is performed for a reason
613     described in:
614          (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
615     concur, in writing, that the abortion is necessary to avert:
616          (i) the death of the woman on whom the abortion is performed; or
617          (ii) a serious risk of substantial and irreversible impairment of a major bodily function

618     of the woman on whom the abortion is performed; or
619          (b) Subsection 76-7-302(3)(b)(ii).
620          (7) In addition to the criminal penalties described in this part, a physician who violates
621     the provisions of this section:
622          (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
623     and
624          (b) shall be subject to:
625          (i) suspension or revocation of the physician's license for the practice of medicine and
626     surgery in accordance with Section 58-67-401 or 58-68-401; and
627          (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
628          (8) A physician is not guilty of violating this section for failure to furnish any of the
629     information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
630          (a) the physician can demonstrate by a preponderance of the evidence that the
631     physician reasonably believed that furnishing the information would have resulted in a severely
632     adverse effect on the physical or mental health of the pregnant woman;
633          (b) in the physician's professional judgment, the abortion was necessary to avert:
634          (i) the death of the woman on whom the abortion is performed; or
635          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
636     of the woman on whom the abortion is performed;
637          (c) the pregnancy was the result of rape or rape of a child, as defined in Sections
638     76-5-402 and 76-5-402.1;
639          (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406[(10)]
640     (2)(j) and Section 76-7-102; or
641          (e) at the time of the abortion, the pregnant woman was 14 years of age or younger.
642          (9) A physician who complies with the provisions of this section and Section
643     76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
644     informed consent under Section 78B-3-406.
645          (10) (a) The department shall provide an ultrasound, in accordance with the provisions

646     of Subsection (5)(b), at no expense to the pregnant woman.
647          (b) A local health department shall refer a pregnant woman who requests an ultrasound
648     described in Subsection (10)(a) to the department.
649          (11) A physician is not guilty of violating this section if:
650          (a) the information described in Subsection (2) is provided less than 72 hours before
651     the physician performs the abortion; and
652          (b) in the physician's professional judgment, the abortion was necessary in a case
653     where:
654          (i) a ruptured membrane, documented by the attending or referring physician, will
655     cause a serious infection; or
656          (ii) a serious infection, documented by the attending or referring physician, will cause a
657     ruptured membrane.
658          Section 15. Section 76-10-1206 is amended to read:
659          76-10-1206. Dealing in material harmful to a minor -- Penalties -- Exemptions for
660     internet service providers and hosting companies.
661          (1) A person is guilty of dealing in material harmful to minors when, knowing or
662     believing that [a person] an individual is a minor, or having negligently failed to determine the
663     proper age of a minor, the person intentionally:
664          (a) distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or [a
665     person the actor] an individual whom the person believes to be a minor, any material harmful
666     to minors;
667          (b) produces, performs, or directs any performance, before a minor or [a person the
668     actor] an individual whom the person believes to be a minor, that is harmful to minors; or
669          (c) participates in any performance, before a minor or [a person the actor] an individual
670     whom the person believes to be a minor, that is harmful to minors.
671          (2) (a) [Each] Except as provided in Subsection (2)(b), each separate offense under this
672     section committed by a person 18 years of age or older is a third degree felony punishable by:
673          (i) a minimum mandatory fine of not less than $1,000, plus $10 for each article

674     exhibited up to the maximum allowed by law; and
675          (ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
676          (b) Each separate offense under this section committed by a person 18 years of age or
677     older against a minor 16 years of age or older, but younger than 18 years of age, is a class A
678     misdemeanor if the person is less than seven years older than the minor at the time of the
679     offense.
680          [(b)] (c) Each separate offense under this section committed by a person 16 or 17 years
681     of age is a class A misdemeanor.
682          [(c)] (d) Each separate offense under this section committed by a person younger than
683     16 years of age is a class B misdemeanor.
684          [(d)] (e) Subsection (2)(a) supersedes Section 77-18-1.
685          (3) (a) [If] Except for a defendant described in Subsection (2)(b), if a defendant 18
686     years of age or older has been previously convicted or adjudicated to be under the jurisdiction
687     of the juvenile court under this section, each separate subsequent offense is a second degree
688     felony punishable by:
689          (i) a minimum mandatory fine of not less than $5,000, plus $10 for each article
690     exhibited up to the maximum allowed by law; and
691          (ii) incarceration, without suspension of sentence, for a term of not less than one year.
692          (b) If a defendant described in Subsection (2)(b) or a defendant younger than 18 years
693     of age has been previously convicted or adjudicated to be under the jurisdiction of the juvenile
694     court under this section, each separate subsequent offense is a third degree felony.
695          (c) Subsection (3)(a) supersedes Section 77-18-1.
696          (d) (i) This section does not apply to an Internet service provider, as defined in Section
697     76-10-1230, a provider of an electronic communications service as defined in 18 U.S.C. Sec.
698     2510, a telecommunications service, information service, or mobile service as defined in 47
699     U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or
700     a cable operator as defined in 47 U.S.C. Sec. 522, if:
701          (A) the distribution of pornographic material by the Internet service provider occurs

702     only incidentally through the provider's function of:
703          (I) transmitting or routing data from one person to another person; or
704          (II) providing a connection between one person and another person;
705          (B) the provider does not intentionally aid or abet in the distribution of the
706     pornographic material; and
707          (C) the provider does not knowingly receive from or through a person who distributes
708     the pornographic material a fee greater than the fee generally charged by the provider, as a
709     specific condition for permitting the person to distribute the pornographic material.
710          (ii) This section does not apply to a hosting company, as defined in Section
711     76-10-1230, if:
712          (A) the distribution of pornographic material by the hosting company occurs only
713     incidentally through the hosting company's function of providing data storage space or data
714     caching to a person;
715          (B) the hosting company does not intentionally engage, aid, or abet in the distribution
716     of the pornographic material; and
717          (C) the hosting company does not knowingly receive from or through a person who
718     distributes the pornographic material a fee greater than the fee generally charged by the
719     provider, as a specific condition for permitting the person to distribute, store, or cache the
720     pornographic material.
721          (4) A service provider, as defined in Section 76-10-1230, is not negligent under this
722     section if it complies with Section 76-10-1231.
723          (5) A person 18 years of age or older who knowingly solicits, requests, commands,
724     encourages, or intentionally aids another person younger than 18 years of age to engage in
725     conduct in violation of Subsection (1) is guilty of a third degree felony and is subject to the
726     penalties under Subsection (2)(a).
727          Section 16. Section 76-10-1302 is amended to read:
728          76-10-1302. Prostitution.
729          (1) An individual is guilty of prostitution when the individual:

730          (a) engages, offers, or agrees to engage in any sexual activity with another individual
731     for a fee, or the functional equivalent of a fee;
732          (b) takes steps in arranging a meeting through any form of advertising, agreeing to
733     meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
734     or the functional equivalent of a fee; or
735          (c) loiters in or within view of any public place for the purpose of being hired to
736     engage in sexual activity.
737          (2) (a) Except as provided in Subsection (2)(b) [or] and Section 76-10-1309,
738     prostitution is a class B misdemeanor.
739          (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
740     time, and on all subsequent convictions, of a subsequent offense of prostitution under this
741     section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
742     a class A misdemeanor.
743          (3) (a) As used in this Subsection (3):
744          (i) "Child" means the same as that term is defined in Section 76-10-1301.
745          (ii) "Child engaged in prostitution" means a child who engages in conduct described in
746     Subsection (1).
747          (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
748     commit or engage in any sexual activity with another person for a fee or the functional
749     equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
750          (iv) "Division" means the Division of Child and Family Services created in Section
751     62A-4a-103.
752          (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
753          (b) Upon encountering a child engaged in prostitution or sexual solicitation, a law
754     enforcement officer shall:
755          (i) conduct an investigation;
756          (ii) refer the child to the division;
757          (iii) if an arrest is made, bring the child to a receiving center, if available; and

758          (iv) contact the child's parent or guardian, if practicable.
759          (c) When law enforcement has referred the child to the division under Subsection
760     (3)(b)(ii):
761          (i) the division shall provide services to the child under Title 62A, Chapter 4a, Child
762     and Family Services; and
763          (ii) the child may not be subjected to delinquency proceedings under Title 62A,
764     Chapter 7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704.
765          (4) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
766     the individual engages in a violation of Subsection (1) at or near the time the individual
767     witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
768     following offenses, and the individual reports the offense or attempt to law enforcement in
769     good faith:
770          (a) assault, Section 76-5-102;
771          (b) aggravated assault, Section 76-5-103;
772          (c) mayhem, Section 76-5-105;
773          (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
774     homicide, or homicide by assault under Title 76, Chapter 5, Part 2, Criminal Homicide;
775          (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
776     aggravated human trafficking, human smuggling or aggravated human smuggling, or human
777     trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and
778     Smuggling;
779          (f) rape, Section 76-5-402;
780          (g) rape of a child, Section 76-5-402.1;
781          (h) object rape, Section 76-5-402.2;
782          (i) object rape of a child, Section 76-5-402.3;
783          (j) forcible sodomy, Section 76-5-403;
784          (k) sodomy on a child, Section 76-5-403.1;
785          (l) forcible sexual abuse, Section 76-5-404;

786          (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
787          (n) aggravated sexual assault, Section 76-5-405;
788          (o) sexual exploitation of a minor, Section 76-5b-201;
789          (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
790          (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2,
791     Burglary and Criminal Trespass;
792          (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or
793          (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
794          Section 17. Section 76-10-1313 is amended to read:
795          76-10-1313. Sexual solicitation -- Penalty.
796          (1) An individual is guilty of sexual solicitation when the individual:
797          (a) offers or agrees to commit any sexual activity with another individual for a fee, or
798     the functional equivalent of a fee;
799          (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
800     individual to commit any sexual activity; or
801          (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
802     or to pay another individual to commit any sexual activity for a fee or the functional equivalent
803     of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any
804     of the following acts:
805          (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the
806     female breast below the top of the areola;
807          (ii) masturbation;
808          (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the
809     female breast; or
810          (iv) any act of lewdness.
811          (2) An intent to engage in sexual activity for a fee may be inferred from an individual's
812     engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
813     any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.

814          (3) [(a) Sexual solicitation is a class A misdemeanor, except under Subsection (4).]
815          [(b) An] Except as provided in Section 76-10-1309 and Subsections (4) and (5), an
816     individual who is convicted [a second time] of sexual solicitation under this section or under a
817     local ordinance adopted in compliance with Section 76-10-1307 is guilty of a class A
818     misdemeanor[, except as provided in Section 76-10-1309].
819          (4) An individual who is convicted a third time under this section or a local ordinance
820     adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
821          (5) If an individual commits an act of sexual solicitation and the individual solicited is
822     a child, the offense is a third degree felony if the solicitation does not amount to human
823     trafficking or human smuggling, a violation of Section 76-5-308, or aggravated human
824     trafficking or aggravated human smuggling, a violation of Section 76-5-310.
825          (6) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
826     the individual engages in a violation of Subsection (1) at or near the time the individual
827     witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses
828     described in Subsection 76-10-1302(4), and the individual reports the offense or attempt to law
829     enforcement in good faith.
830          Section 18. Section 77-41-107 is amended to read:
831          77-41-107. Penalties.
832          (1) An offender who knowingly fails to register under this chapter or provides false or
833     incomplete information is guilty of:
834          (a) a third degree felony and shall be sentenced to serve a term of incarceration for not
835     less than [90] 30 days and also at least one year of probation if:
836          (i) the offender is required to register for a felony conviction or adjudicated delinquent
837     for what would be a felony if the juvenile were an adult of an offense listed in Subsection
838     77-41-102(9)(a) or (17)(a); or
839          (ii) the offender is required to register for the offender's lifetime under Subsection
840     77-41-105(3)(c); or
841          (b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for

842     not fewer than [90] 30 days and also at least one year of probation if the offender is required to
843     register for a misdemeanor conviction or is adjudicated delinquent for what would be a
844     misdemeanor if the juvenile were an adult of an offense listed in Subsection 77-41-102(9)(a) or
845     (17)(a).
846          (2) (a) Neither the court nor the Board of Pardons and Parole may release [a person] an
847     individual who violates this chapter from serving the term required under Subsection (1).
848          (b) This Subsection (2) supersedes any other provision of the law contrary to this
849     chapter.
850          (3) The offender shall register for an additional year for every year in which the
851     offender does not comply with the registration requirements of this chapter.
852          Section 19. Repealer.
853          This bill repeals:
854          Section 76-7-103, Adultery.