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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to human trafficking.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions and definitions related to human trafficking;
13 ▸ makes human trafficking an offense subject to registration as a sex offender;
14 ▸ provides for human trafficking training for law enforcement officers;
15 ▸ amends and enacts provisions related to a safe harbor for children engaged in
16 commercial sex or sexual solicitation;
17 ▸ provides certain procedures for law enforcement when there is suspicion that a child
18 may be involved in human trafficking;
19 ▸ amends provisions related to vacatur of adjudication as related to a juvenile's court
20 records; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 53-10-404, as last amended by Laws of Utah 2014, Chapter 331
29 62A-4a-105, as last amended by Laws of Utah 2018, Chapter 281
30 76-5-308, as last amended by Laws of Utah 2017, Chapter 447
31 76-5-308.5, as last amended by Laws of Utah 2016, Chapter 231
32 76-5-309, as last amended by Laws of Utah 2019, Chapter 26
33 76-5-310, as last amended by Laws of Utah 2015, Chapter 160
34 76-5-311, as enacted by Laws of Utah 2019, Chapter 26
35 76-5-401, as last amended by Laws of Utah 2019, Chapter 364
36 76-5-401.1, as last amended by Laws of Utah 2018, Chapters 192 and 394
37 76-5-608, as last amended by Laws of Utah 2018, Chapter 57
38 76-9-1003, as last amended by Laws of Utah 2013, Chapter 196
39 76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
40 76-10-1313, as last amended by Laws of Utah 2019, Chapters 189 and 200
41 77-41-102, as last amended by Laws of Utah 2019, Chapters 136 and 364
42 77-41-105, as last amended by Laws of Utah 2019, Chapter 382
43 77-41-106, as last amended by Laws of Utah 2017, Chapter 434
44 78A-6-1114, as enacted by Laws of Utah 2019, Chapter 200
45 78B-7-502, as enacted by Laws of Utah 2019, Chapter 365
46 ENACTS:
47 76-10-1315, Utah Code Annotated 1953
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53-10-404 is amended to read:
51 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
52 (1) As used in this section, "person" refers to any person as described under Section
53 53-10-403.
54 (2) (a) A person under Section 53-10-403 or any person [
55
56 Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA specimen and shall
57 reimburse the agency responsible for obtaining the DNA specimen $150 for the cost of
58 obtaining the DNA specimen unless:
59 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
60 agency under Section 53-10-404.5; or
61 (ii) the agency determines the person lacks the ability to pay.
62 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
63 determining if the person is able to pay the fee.
64 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
65 determine an inmate's ability to pay.
66 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
67 the inmate's county trust fund account and may allow a negative balance in the account until
68 the $150 is paid in full.
69 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
70 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
71 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
72 saliva DNA specimen.
73 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
74 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
75 (b) The responsible agency shall determine the method of collecting the DNA
76 specimen. Unless the responsible agency determines there are substantial reasons for using a
77 different method of collection or the person refuses to cooperate with the collection, the
78 preferred method of collection shall be obtaining a saliva specimen.
79 (c) The responsible agency may use reasonable force, as established by its guidelines
80 and procedures, to collect the DNA sample if the person refuses to cooperate with the
81 collection.
82 (d) If the judgment places the person on probation, the person shall submit to the
83 obtaining of a DNA specimen as a condition of the probation.
84 (e) (i) Under this section a person is required to provide one DNA specimen and pay
85 the collection fee as required under this section.
86 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
87 previously provided is not adequate for analysis.
88 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
89 collected under this section.
90 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
91 any outstanding amount of a fee due under this section from any person who owes any portion
92 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
93 53-10-407.
94 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
95 possible and transferred to the Department of Public Safety:
96 (i) after a conviction or a finding of jurisdiction by the juvenile court;
97 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
98 person for any offense under Subsection 53-10-403(1)(c); and
99 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
100 as provided under Subsection 53-10-403(1)(d)(ii).
101 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
102 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
103 after the booking of a person for any felony offense, as provided under Subsection
104 53-10-403(1)(d)(i).
105 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
106 for analysis, the agency shall, as soon as possible:
107 (i) obtain and transmit an additional DNA specimen; or
108 (ii) request that another agency that has direct access to the person and that is
109 authorized to collect DNA specimens under this section collect the necessary second DNA
110 specimen and transmit it to the Department of Public Safety.
111 (d) Each agency that is responsible for collecting DNA specimens under this section
112 shall establish:
113 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
114 obtains; and
115 (ii) a procedure to account for the management of all fees it collects under this section.
116 (5) (a) The Department of Corrections is the responsible agency whenever the person is
117 committed to the custody of or is under the supervision of the Department of Corrections.
118 (b) The juvenile court is the responsible agency regarding a minor under Subsection
119 53-10-403(3), but if the minor has been committed to the legal custody of the Division of
120 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
121 minor has not previously been obtained by the juvenile court under Section 78A-6-117.
122 (c) The sheriff operating a county jail is the responsible agency regarding the collection
123 of DNA specimens from persons who:
124 (i) have pled guilty to or have been convicted of an offense listed under Subsection
125 53-10-403(2) but who have not been committed to the custody of or are not under the
126 supervision of the Department of Corrections;
127 (ii) are incarcerated in the county jail:
128 (A) as a condition of probation for a felony offense; or
129 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
130 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
131 for any offense under Subsection 53-10-403(1)(c).; and
132 (iv) are booked at the county jail:
133 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
134 offense on or after May 13, 2014, through December 31, 2014, under Subsection
135 53-10-404(4)(b); or
136 (B) on or after January 1, 2015, for any felony offense.
137 (d) Each agency required to collect a DNA specimen under this section shall:
138 (i) designate employees to obtain the saliva DNA specimens required under this
139 section; and
140 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
141 training and that the specimens are obtained in accordance with generally accepted protocol.
142 (6) (a) As used in this Subsection (6), "department" means the Department of
143 Corrections.
144 (b) Priority of obtaining DNA specimens by the department is:
145 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
146 of or under the supervision of the department before these persons are released from
147 incarceration, parole, or probation, if their release date is prior to that of persons under
148 [
149 (ii) second, the department shall obtain DNA specimens from persons who are
150 committed to the custody of the department or who are placed under the supervision of the
151 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
152 than prior to release from incarceration if the person is imprisoned, or prior to the termination
153 of probation if the person is placed on probation.
154 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
155 is:
156 (i) first, persons on probation;
157 (ii) second, persons on parole; and
158 (iii) third, incarcerated persons.
159 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
160 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
161 specimens from persons in the custody of or under the supervision of the Department of
162 Corrections as of July 1, 2002, prior to their release.
163 (7) (a) As used in this Subsection (7):
164 (i) "Court" means the juvenile court.
165 (ii) "Division" means the Division of Juvenile Justice Services.
166 (b) Priority of obtaining DNA specimens by the court from minors under Section
167 53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of
168 the division shall be:
169 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
170 jurisdiction, prior to termination of the court's jurisdiction over these minors; and
171 (ii) second, to obtain specimens from minors who are found to be within the court's
172 jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the
173 court's jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction
174 over the minor.
175 (c) Priority of obtaining DNA specimens by the division from minors under Section
176 53-10-403 who are committed to the legal custody of the division shall be:
177 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
178 division's legal custody and who have not previously provided a DNA specimen under this
179 section, prior to termination of the division's legal custody of these minors; and
180 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
181 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
182 division, if possible, but not later than prior to termination of the court's jurisdiction over the
183 minor.
184 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
185 Justice Services, and all law enforcement agencies in the state shall by policy establish
186 procedures for obtaining saliva DNA specimens, and shall provide training for employees
187 designated to collect saliva DNA specimens.
188 (b) (i) The department may designate correctional officers, including those employed
189 by the adult probation and parole section of the department, to obtain the saliva DNA
190 specimens required under this section.
191 (ii) The department shall ensure that the designated employees receive appropriate
192 training and that the specimens are obtained in accordance with accepted protocol.
193 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
194 Section 2. Section 62A-4a-105 is amended to read:
195 62A-4a-105. Division responsibilities.
196 (1) The division shall:
197 (a) administer services to minors and families, including:
198 (i) child welfare services;
199 (ii) domestic violence services; and
200 (iii) all other responsibilities that the Legislature or the executive director may assign
201 to the division;
202 (b) provide the following services:
203 (i) financial and other assistance to an individual adopting a child with special needs
204 under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
205 child as a legal ward of the state;
206 (ii) non-custodial and in-home services, including:
207 (A) services designed to prevent family break-up; and
208 (B) family preservation services;
209 (iii) reunification services to families whose children are in substitute care in
210 accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
211 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
212 or neglect of a child in that family;
213 (v) shelter care in accordance with the requirements of this chapter and Title 78A,
214 Chapter 6, Juvenile Court Act;
215 (vi) domestic violence services, in accordance with the requirements of federal law;
216 (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
217 and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
218 Part 3, Abuse, Neglect, and Dependency Proceedings;
219 (viii) substitute care for dependent, abused, neglected, and delinquent children;
220 (ix) services for minors who are victims of human trafficking or human smuggling as
221 described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
222 solicitation as defined in [
223 (x) training for staff and providers involved in the administration and delivery of
224 services offered by the division in accordance with this chapter;
225 (c) establish standards for all:
226 (i) contract providers of out-of-home care for minors and families;
227 (ii) facilities that provide substitute care for dependent, abused, neglected, and
228 delinquent children placed in the custody of the division; and
229 (iii) direct or contract providers of domestic violence services described in Subsection
230 (1)(b)(vi);
231 (d) have authority to:
232 (i) contract with a private, nonprofit organization to recruit and train foster care
233 families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
234 (ii) approve facilities that meet the standards established under Subsection (1)(c) to
235 provide substitute care for dependent, abused, neglected, and delinquent children placed in the
236 custody of the division;
237 (e) cooperate with the federal government in the administration of child welfare and
238 domestic violence programs and other human service activities assigned by the department;
239 (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
240 division records to the same extent that the division is required to protect division records,
241 cooperate with and share all appropriate information in the division's possession regarding an
242 Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
243 with the Indian tribe that is affiliated with the Indian child;
244 (g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
245 enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
246 runaway children, and status offenders, in accordance with the requirements of this chapter,
247 unless administration is expressly vested in another division or department of the state;
248 (h) cooperate with the Workforce Development Division in the Department of
249 Workforce Services in meeting the social and economic needs of an individual who is eligible
250 for public assistance;
251 (i) compile relevant information, statistics, and reports on child and family service
252 matters in the state;
253 (j) prepare and submit to the department, the governor, and the Legislature reports of
254 the operation and administration of the division in accordance with the requirements of
255 Sections 62A-4a-117 and 62A-4a-118;
256 (k) provide social studies and reports for the juvenile court in accordance with Section
257 78A-6-605;
258 (l) within appropriations from the Legislature, provide or contract for a variety of
259 domestic violence services and treatment methods;
260 (m) ensure regular, periodic publication, including electronic publication, regarding the
261 number of children in the custody of the division who:
262 (i) have a permanency goal of adoption; or
263 (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
264 and promote adoption of those children;
265 (n) subject to Subsection (2)(b), refer an individual receiving services from the division
266 to the local substance abuse authority or other private or public resource for a court-ordered
267 drug screening test; and
268 (o) perform other duties and functions required by law.
269 (2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
270 (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
271 with all public and private licensed child welfare agencies and institutions to develop and
272 administer a broad range of services and support;
273 (ii) take the initiative in all matters involving the protection of abused or neglected
274 children, if adequate provisions have not been made or are not likely to be made; and
275 (iii) make expenditures necessary for the care and protection of the children described
276 in this Subsection (2)(a), within the division's budget.
277 (b) When an individual is referred to a local substance abuse authority or other private
278 or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
279 order the individual to pay all costs of the tests unless:
280 (i) the cost of the drug screening is specifically funded or provided for by other federal
281 or state programs;
282 (ii) the individual is a participant in a drug court; or
283 (iii) the court finds that the individual is impecunious.
284 (3) Except to the extent provided by rule, the division is not responsible for
285 investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
286 (4) The division may not require a parent who has a child in the custody of the division
287 to pay for some or all of the cost of any drug testing the parent is required to undergo.
288 Section 3. Section 76-5-308 is amended to read:
289 76-5-308. Human trafficking -- Human smuggling.
290 (1) An actor commits human trafficking for [
291 exploitation if the actor recruits, harbors, transports, obtains, patronizes, or solicits a person
292 through the use of force, fraud, or coercion, which may include:
293 (a) threatening serious harm to, or physical restraint against, that person or a third
294 person;
295 (b) destroying, concealing, removing, confiscating, or possessing any passport,
296 immigration document, or other government-issued identification document;
297 (c) abusing or threatening abuse of the law or legal process against the person or a third
298 person;
299 (d) using a condition of a person being a debtor due to a pledge of the debtor's personal
300 services or the personal services of a person under the control of the debtor as a security for
301 debt where the reasonable value of the services is not applied toward the liquidation of the debt
302 or the length and nature of those services are not respectively limited and defined;
303 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
304 cause a person to believe that if the person did not enter into or continue in a condition of
305 servitude, that person or a third person would suffer serious harm or physical restraint, or
306 would be threatened with abuse of legal process; or
307 (f) creating or exploiting a relationship where the person is dependent on the actor.
308 (2) (a) Human trafficking for [
309
310 obtained through force, fraud, or coercion as described in Subsection (1).
311 (b) Human trafficking for [
312 commercial sexual activity, which may include the following conduct when the person acts
313 under force, fraud, or coercion as described in Subsection (1):
314 (i) sexually explicit performance;
315 (ii) prostitution;
316 (iii) participation in the production of pornography;
317 (iv) performance in strip clubs; and
318 (v) exotic dancing or display.
319 (3) A person commits human smuggling by transporting or procuring the transportation
320 for one or more persons for a commercial purpose, knowing or having reason to know that the
321 person or persons transported or to be transported are not:
322 (a) citizens of the United States;
323 (b) permanent resident aliens; or
324 (c) otherwise lawfully in this state or entitled to be in this state.
325 Section 4. Section 76-5-308.5 is amended to read:
326 76-5-308.5. Human trafficking of a child -- Penalties.
327 (1) "Commercial sexual activity with a child" means any sexual act with a child, on
328 account of which anything of value is given to or received by any person.
329 (2) An actor commits human trafficking of a child if the actor recruits, harbors,
330 transports, obtains, patronizes, or solicits a child for sexual exploitation or forced labor.
331 (3) (a) Human trafficking of a child for [
332
333 obtained through force, fraud, and coercion as described in Section 7-5-308.
334 (b) Human trafficking of a child for sexual exploitation includes all forms of
335 commercial sexual activity with a child, including sexually explicit performance, prostitution,
336 participation in the production of pornography, performance in a strip club, and exotic dancing
337 or display.
338 (4) Human trafficking of a child in violation of this section is a first degree felony.
339 Section 5. Section 76-5-309 is amended to read:
340 76-5-309. Human trafficking and human smuggling -- Penalties.
341 (1) Human trafficking for [
342 exploitation are each a second degree felony, except under Section 76-5-310.
343 (2) Human smuggling under Section 76-5-308 of one or more persons is a third degree
344 felony, except under Section 76-5-310.
345 (3) Human trafficking for [
346 trafficking of a child, and human smuggling are each a separate offense from any other crime
347 committed in relationship to the commission of either of these offenses.
348 (4) Under circumstances not amounting to aggravated sexual abuse of a child, a
349 violation of Subsection 76-5-404.1(4)(h), a person who benefits, receives, or exchanges
350 anything of value from knowing participation in:
351 (a) human trafficking for [
352 of Section 76-5-308 is guilty of a second degree felony;
353 (b) human smuggling is guilty of a third degree felony; and
354 (c) human trafficking of a child is guilty of a first degree felony.
355 (5) A person commits a separate offense of human trafficking, human trafficking of a
356 child, or human smuggling for each person who is smuggled or trafficked under Section
357 76-5-308, 76-5-308.5, or 76-5-310.
358 Section 6. Section 76-5-310 is amended to read:
359 76-5-310. Aggravated human trafficking and aggravated human smuggling --
360 Penalties.
361 (1) An actor commits aggravated human trafficking for [
362 sexual exploitation or aggravated human smuggling if, in the course of committing [
363
364
365 (a) results in the death of the trafficked or smuggled person;
366 (b) results in serious bodily injury of the trafficked or smuggled person;
367 (c) involves:
368 (i) rape under Section 76-5-402;
369 (ii) rape of a child under Section 76-5-402.1;
370 (iii) object rape under Section 76-5-402.2;
371 (iv) object rape of a child under Section 76-5-402.3;
372 (v) forcible sodomy under Section 76-5-403;
373 (vi) sodomy on a child under Section 76-5-403.1;
374 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
375 (viii) aggravated sexual assault under 76-5-405;
376 (d) involves 10 or more victims in a single episode of human trafficking or human
377 smuggling; or
378 (e) involves a victim [
379 30 consecutive days.
380 (2) An actor commits aggravated human smuggling if the actor commits human
381 smuggling under Section 76-5-308 and any human being whom the person engages in
382 smuggling is:
383 (a) a child; and
384 (b) not accompanied by a family member who is 18 years of age or older.
385 (3) (a) Aggravated human trafficking is a first degree felony.
386 (b) Aggravated human smuggling is a second degree felony.
387 (c) Aggravated human trafficking and aggravated human smuggling are each a separate
388 offense from any other crime committed in relationship to the commission of either of these
389 offenses.
390 Section 7. Section 76-5-311 is amended to read:
391 76-5-311. Human trafficking of a vulnerable adult -- Penalties.
392 (1) As used in this section:
393 (a) "Commercial sexual activity with a vulnerable adult" means any sexual act with a
394 vulnerable adult for which anything of value is given to or received by any individual.
395 (b) "Vulnerable adult" means the same as that term is defined in Subsection
396 76-5-111(1).
397 (2) An actor commits human trafficking of a vulnerable adult if the actor:
398 (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
399 forced labor; or
400 (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
401 the actor knew or should have known of the victim's vulnerability.
402 (3) (a) Human trafficking of a vulnerable adult for [
403
404 [
405 [
406 [
407 [
408 [
409 (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms
410 of commercial sexual activity with a vulnerable adult involving:
411 (i) sexually explicit performances;
412 (ii) prostitution;
413 (iii) participation in the production of pornography;
414 (iv) performance in a strip club; or
415 (v) exotic dancing or display.
416 (4) Human trafficking of a vulnerable adult in violation of this section is a first degree
417 felony.
418 Section 8. Section 76-5-401 is amended to read:
419 76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties --
420 Evidence of age raised by defendant.
421 (1) For purposes of this section "minor" is a person who is 14 years of age or older, but
422 younger than 16 years of age, at the time the sexual activity described in this section occurred.
423 (2) A person 18 years old or older commits unlawful sexual activity with a minor if,
424 under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in
425 violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or
426 aggravated sexual assault, in violation of Section 76-5-405, the actor:
427 (a) has sexual intercourse with the minor;
428 (b) engages in any sexual act with the minor involving the genitals of one person and
429 the mouth or anus of another person, regardless of the sex of either participant; or
430 (c) causes the penetration, however slight, of the genital or anal opening of the minor
431 by any foreign object, substance, instrument, or device, including a part of the human body,
432 with the intent to cause substantial emotional or bodily pain to any person or with the intent to
433 arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
434 (3) (a) Except under Subsection (3)(b) or (c), a violation of Subsection (2) is a third
435 degree felony.
436 (b) If the defendant establishes by a preponderance of the evidence the mitigating
437 factor that the defendant is less than four years older than the minor at the time the sexual
438 activity occurred, the offense is a class B misdemeanor. An offense under this Subsection
439 (3)(b) is not subject to registration under Subsection [
440 77-41-102(17)(a)(vii).
441 (c) If the defendant establishes by a preponderance of the evidence the mitigating factor
442 that the defendant was younger than 21 years old at the time the sexual activity occurred, the
443 offense is a class A misdemeanor. An offense under this Subsection (3)(c) is not subject to
444 registration under Subsection [
445 Section 9. Section 76-5-401.1 is amended to read:
446 76-5-401.1. Sexual abuse of a minor.
447 (1) For purposes of this section "minor" is an individual who is 14 years of age or
448 older, but younger than 16 years of age, at the time the sexual activity described in this section
449 occurred.
450 (2) An individual commits sexual abuse of a minor if the individual is four years or
451 more older than the minor and, under circumstances not amounting to rape, in violation of
452 Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation
453 of Section 76-5-403, aggravated sexual assault, in violation of Section 76-5-405, unlawful
454 sexual activity with a minor, in violation of Section 76-5-401, or an attempt to commit any of
455 those offenses, the individual touches the anus, buttocks, pubic area, or any part of the genitals
456 of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with
457 the minor, with the intent to cause substantial emotional or bodily pain to any individual or
458 with the intent to arouse or gratify the sexual desire of any individual regardless of the sex of
459 any participant.
460 (3) A violation of this section is a class A misdemeanor and is not subject to
461 registration under Subsection [
462 the offender was younger than 21 years of age at the time of the offense.
463 Section 10. Section 76-5-608 is amended to read:
464 76-5-608. Law enforcement -- Training -- Sexual assault, sexual abuse, and
465 human trafficking.
466 (1) The department and the Utah Prosecution Council shall develop training in
467 trauma-informed responses and investigations of sexual assault and sexual abuse, which
468 include, but are not limited to, the following:
469 (a) recognizing the symptoms of trauma;
470 (b) understanding the impact of trauma on a victim;
471 (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
472 (d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
473 sensitive, and nonjudgmental manner;
474 (e) understanding cultural perceptions and common myths of sexual assault and sexual
475 abuse; and
476 (f) techniques of writing reports in accordance with Subsection (5).
477 (2) (a) The department and the Utah Prosecution Council shall offer the training in
478 Subsection (1) to all certified law enforcement officers in the state [
479 (b) The training for all law enforcement officers may be offered through an online
480 course, developed by the department and the Utah Prosecution Council.
481 (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards
482 and Training division to all persons seeking certification as a peace officer[
483
484 (4) (a) The department and the Utah Prosecution Council shall develop and offer an
485 advanced training course [
486 or sexual abuse.
487 (b) The advanced training course shall include:
488 (i) all criteria listed in Subsection (1); and
489 (ii) interviewing techniques in accordance with the curriculum standards in Subsection
490 (5).
491 (5) The department shall consult with the Utah Prosecution Council to develop the
492 specific training requirements of this section, including curriculum standards for report writing
493 and response to sexual assault and sexual abuse, including trauma-informed and
494 victim-centered interview techniques, which have been demonstrated to minimize
495 retraumatizing victims.
496 (6) The Office of the Attorney General shall develop and offer training for law
497 enforcement officers in investigating human trafficking offenses.
498 (7) The training described in Subsection (6) shall be offered to all law enforcement
499 officers in the state by July 1, 2020.
500 (8) The training described in Subsection (6) shall be offered by the Peace Officer
501 Standards and Training division to all persons seeking certification as a peace officer, in
502 conjunction with the training described in Subsection (1), beginning July 1, 2021.
503 (9) The Office of the Attorney General, the department, and the Utah Prosecution
504 Council shall consult with one another to provide the training described in Subsection (6)
505 jointly with the training described in Subsection (1) as reasonably practicable.
506 Section 11. Section 76-9-1003 is amended to read:
507 76-9-1003. Detention or arrest -- Determination of immigration status.
508 (1) (a) Except as provided in Subsection (1)(b), (c), or (d), any law enforcement officer
509 who, acting in the enforcement of any state law or local ordinance, conducts any lawful stop,
510 detention, or arrest of a person as specified in Subsection (1)(a)(i) or (ii), and the person is
511 unable to provide to the law enforcement officer a document listed in Subsection 76-9-1004(1)
512 and the officer is otherwise unable to verify the identity of the person, the officer:
513 (i) shall request verification of the citizenship or the immigration status of the person
514 under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection (1)(b), (c), or (d), if the
515 person is arrested for an alleged offense that is a class A misdemeanor or a felony; and
516 (ii) may attempt to verify the immigration status of the person, except as exempted
517 under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except
518 that if the person is arrested and booked for a class B or C misdemeanor, the arresting law
519 enforcement officer or the law enforcement agency booking the person shall attempt to verify
520 the immigration status of the person.
521 (b) In individual cases, the law enforcement officer may forego the verification of
522 immigration status under Subsection (1)(a) if the determination could hinder or obstruct a
523 criminal investigation.
524 (c) Subsection (1)(a) does not apply to a law enforcement officer who is acting as a
525 school resource officer for any elementary or secondary school.
526 (d) Subsection (1)(a) does not apply to a county or municipality when it has only one
527 law enforcement officer on duty and response support from another law enforcement agency is
528 not available.
529 (2) When a law enforcement officer makes a lawful stop, detention, or arrest under
530 Subsection (1) of the operator of a vehicle, and while investigating or processing the primary
531 offense, the officer makes observations that give the officer reasonable suspicion that the
532 operator or any of the passengers in the vehicle are violating Section 76-5-308, 76-5-310, or
533 76-10-2901, which concern smuggling, human trafficking, and transporting illegal aliens, the
534 officer shall, to the extent possible within a reasonable period of time:
535 (a) detain the occupants of the vehicle to investigate the suspected violations; and
536 (b) inquire regarding the immigration status of the occupants of the vehicle.
537 (3) When a person under Subsection (1) is arrested or booked into a jail, juvenile
538 detention facility, or correctional facility, the arresting officer or the booking officer shall
539 ensure that a request for verification of immigration status of the arrested or booked person is
540 submitted as promptly as is reasonably possible.
541 (4) The law enforcement agency that has custody of a person verified to be an illegal
542 alien shall request that the United States Department of Homeland Security issue a detainer
543 requesting transfer of the illegal alien into federal custody.
544 (5) A law enforcement officer may not consider race, color, or national origin in
545 implementing this section, except to the extent permitted by the constitutions of the United
546 States and this state.
547 Section 12. Section 76-10-1302 is amended to read:
548 76-10-1302. Prostitution.
549 (1) An individual except for a child under Section 76-10-1315 is guilty of prostitution
550 when the individual:
551 (a) engages, offers, or agrees to engage in any sexual activity with another individual
552 for a fee, or the functional equivalent of a fee;
553 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
554 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
555 or the functional equivalent of a fee; or
556 (c) loiters in or within view of any public place for the purpose of being hired to
557 engage in sexual activity.
558 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
559 a class B misdemeanor.
560 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
561 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
562 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
563 a class A misdemeanor.
564 [
565 [
566 [
567
568 [
569
570
571 [
572
573 [
574 [
575
576 [
577
578 [
579 [
580 [
581 [
582
583
584 [
585
586 [
587 if the individual engages in a violation of Subsection (1) at or near the time the individual
588 witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
589 following offenses, and the individual reports the offense or attempt to law enforcement in
590 good faith:
591 (a) assault, Section 76-5-102;
592 (b) aggravated assault, Section 76-5-103;
593 (c) mayhem, Section 76-5-105;
594 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
595 homicide, or homicide by assault under Title 76, Chapter 5, Part 2, Criminal Homicide;
596 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
597 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
598 trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and
599 Smuggling;
600 (f) rape, Section 76-5-402;
601 (g) rape of a child, Section 76-5-402.1;
602 (h) object rape, Section 76-5-402.2;
603 (i) object rape of a child, Section 76-5-402.3;
604 (j) forcible sodomy, Section 76-5-403;
605 (k) sodomy on a child, Section 76-5-403.1;
606 (l) forcible sexual abuse, Section 76-5-404;
607 (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
608 (n) aggravated sexual assault, Section 76-5-405;
609 (o) sexual exploitation of a minor, Section 76-5b-201;
610 (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
611 (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2,
612 Burglary and Criminal Trespass;
613 (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or
614 (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
615 Section 13. Section 76-10-1313 is amended to read:
616 76-10-1313. Sexual solicitation -- Penalty.
617 (1) An individual except for a child under Section 76-10-1315 is guilty of sexual
618 solicitation when the individual:
619 (a) offers or agrees to commit any sexual activity with another individual for a fee, or
620 the functional equivalent of a fee;
621 (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
622 individual to commit any sexual activity; or
623 (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
624 or to pay another individual to commit any sexual activity for a fee or the functional equivalent
625 of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any
626 of the following acts:
627 (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the
628 female breast below the top of the areola;
629 (ii) masturbation;
630 (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the
631 female breast; or
632 (iv) any act of lewdness.
633 (2) An intent to engage in sexual activity for a fee may be inferred from an individual's
634 engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
635 any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
636 (3) Except as provided in Section 76-10-1309 and Subsections (4) and (5), an
637 individual who is convicted of sexual solicitation under this section or under a local ordinance
638 adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor.
639 (4) An individual who is convicted a third time under this section or a local ordinance
640 adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
641 (5) If an individual commits an act of sexual solicitation and the individual solicited is
642 a child, the offense is a third degree felony if the solicitation does not amount to:
643 (a) a violation of Section 76-5-308, human trafficking or human smuggling; or
644 (b) a violation of Section 76-5-310, aggravated human trafficking or aggravated human
645 smuggling.
646 (6) (a) Upon encountering a child engaged in commercial sex or sexual solicitation, a
647 law enforcement officer shall follow the procedure described in Subsection [
648 76-10-1315(2).
649 (b) A child engaged in commercial sex or sexual solicitation shall be referred to the
650 Division of Child and Family Services for services and may not be subjected to delinquency
651 proceedings.
652 (7) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
653 the individual engages in a violation of Subsection (1) at or near the time the individual
654 witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses
655 described in Subsection [
656 or attempt to law enforcement in good faith.
657 Section 14. Section 76-10-1315 is enacted to read:
658 76-10-1315. Safe harbor for children as victims in commercial sex or sexual
659 solicitation.
660 (1) As used in this section:
661 (a) "Child engaged in commercial sex" means a child who:
662 (i) engages, offers, or agrees to engage in any sexual activity with another individual
663 for a fee, or the functional equivalent of a fee;
664 (ii) takes steps in arranging a meeting through any form of advertising, agreeing to
665 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
666 or the functional equivalent of a fee; or
667 (iii) loiters in or within view of any public place for the purpose of being hired to
668 engage in sexual activity.
669 (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
670 commit or engage in any sexual activity with another person for a fee or the functional
671 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
672 (c) "Division" means the Division of Child and Family Services created in Section
673 62A-4a-103.
674 (d) "Receiving center" means the same as that term is defined in Section 62A-7-101.
675 (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
676 enforcement officer shall:
677 (a) conduct an investigation regarding possible human trafficking of the child pursuant
678 to Sections 76-5-308 and 76-5-308.5;
679 (b) refer the child to the division;
680 (c) bring the child to a receiving center, if available; and
681 (d) contact the child's parent or guardian, if practicable.
682 (3) When law enforcement refers a child to the division under Subsection (2)(b) the
683 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
684 Services.
685 (4) A child may not be subjected to delinquency proceedings for prostitution under
686 Section 76-10-1302, or sex solicitation under Section 76-10-1313.
687 Section 15. Section 77-41-102 is amended to read:
688 77-41-102. Definitions.
689 As used in this chapter:
690 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
691 Safety established in section 53-10-201.
692 (2) "Business day" means a day on which state offices are open for regular business.
693 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
694 Identification showing that the offender has met the requirements of Section 77-41-112.
695 (4) "Department" means the Department of Corrections.
696 (5) "Division" means the Division of Juvenile Justice Services.
697 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
698 time, whether financially compensated, volunteered, or for the purpose of government or
699 educational benefit.
700 (7) "Indian Country" means:
701 (a) all land within the limits of any Indian reservation under the jurisdiction of the
702 United States government, regardless of the issuance of any patent, and includes rights-of-way
703 running through the reservation;
704 (b) all dependent Indian communities within the borders of the United States whether
705 within the original or subsequently acquired territory, and whether or not within the limits of a
706 state; and
707 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
708 not been extinguished, including rights-of-way running through the allotments.
709 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
710 property under the jurisdiction of the United States military, Canada, the United Kingdom,
711 Australia, or New Zealand.
712 (9) "Kidnap offender" means any individual other than a natural parent of the victim
713 who:
714 (a) has been convicted in this state of a violation of:
715 (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
716 (ii) Section 76-5-301.1, child kidnapping;
717 (iii) Section 76-5-302, aggravated kidnapping;
718 (iv) Section 76-5-308, human trafficking for labor and human smuggling;
719 (v) Section 76-5-308, human smuggling, when the individual smuggled is under 18
720 years of age;
721 (vi) Section 76-5-308.5, human trafficking of a child for labor;
722 [
723 smuggling, on or after May 10, 2011; [
724 (viii) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
725 [
726 Subsections (9)(a)(i) through [
727 (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
728 commit a crime in another jurisdiction, including any state, federal, or military court that is
729 substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
730 (i) a Utah resident; or
731 (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
732 10 or more days, regardless of whether or not the offender intends to permanently reside in this
733 state;
734 (c) (i) is required to register as a kidnap offender in any other jurisdiction of original
735 conviction, who is required to register as a kidnap offender by any state, federal, or military
736 court, or who would be required to register as a kidnap offender if residing in the jurisdiction of
737 the conviction regardless of the date of the conviction or any previous registration
738 requirements; and
739 (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
740 whether or not the offender intends to permanently reside in this state;
741 (d) is a nonresident regularly employed or working in this state, or who is a student in
742 this state, and was convicted of one or more offenses listed in Subsection (9), or any
743 substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
744 required to register in the individual's state of residence;
745 (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
746 one or more offenses listed in Subsection (9); or
747 (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
748 and who has been committed to the division for secure confinement for that offense and
749 remains in the division's custody 30 days prior to the individual's 21st birthday.
750 (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
751 minor's noncustodial parent.
752 (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
753 as defined in Subsection (17).
754 (12) "Online identifier" or "Internet identifier":
755 (a) means any electronic mail, chat, instant messenger, social networking, or similar
756 name used for Internet communication; and
757 (b) does not include date of birth, social security number, PIN number, or Internet
758 passwords.
759 (13) "Primary residence" means the location where the offender regularly resides, even
760 if the offender intends to move to another location or return to another location at any future
761 date.
762 (14) "Register" means to comply with the requirements of this chapter and
763 administrative rules of the department made under this chapter.
764 (15) "Registration website" means the Sex and Kidnap Offender Notification and
765 Registration website described in Section 77-41-110 and the information on the website.
766 (16) "Secondary residence" means any real property that the offender owns or has a
767 financial interest in, or any location where, in any 12-month period, the offender stays
768 overnight a total of 10 or more nights when not staying at the offender's primary residence.
769 (17) "Sex offender" means any individual:
770 (a) convicted in this state of:
771 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
772 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
773 2011;
774 (iii) Section 76-5-308, human trafficking for sexual exploitation;
775 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
776 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
777 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
778 [
779 in Subsection 76-5-401(3)(b) or (c);
780 [
781 Subsection 76-5-401.1(3);
782 [
783 [
784 [
785 [
786 [
787 [
788 [
789 [
790 [
791 a child;
792 [
793 [
794 custody is younger than 18 years of age, if the offense is committed on or after May 10, 2011;
795 [
796 [
797 [
798 [
799 offense four or more times;
800 [
801 the offense four or more times;
802 [
803 Section 76-9-702.1, sexual battery, that total four or more convictions;
804 [
805 [
806 voyeurism;
807 [
808 [
809 in this Subsection (17)(a);
810 (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
811 commit a crime in another jurisdiction, including any state, federal, or military court that is
812 substantially equivalent to the offenses listed in Subsection (17)(a) and who is:
813 (i) a Utah resident; or
814 (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
815 10 or more days, regardless of whether the offender intends to permanently reside in this state;
816 (c) (i) who is required to register as a sex offender in any other jurisdiction of original
817 conviction, who is required to register as a sex offender by any state, federal, or military court,
818 or who would be required to register as a sex offender if residing in the jurisdiction of the
819 original conviction regardless of the date of the conviction or any previous registration
820 requirements; and
821 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
822 regardless of whether or not the offender intends to permanently reside in this state;
823 (d) who is a nonresident regularly employed or working in this state or who is a student
824 in this state and was convicted of one or more offenses listed in Subsection (17)(a), or any
825 substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
826 to register in the individual's jurisdiction of residence;
827 (e) who is found not guilty by reason of insanity in this state, or in any other
828 jurisdiction of one or more offenses listed in Subsection (17)(a); or
829 (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
830 (17)(a) and who has been committed to the division for secure confinement for that offense and
831 remains in the division's custody 30 days prior to the individual's 21st birthday.
832 (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
833 Driving Under the Influence and Reckless Driving.
834 (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
835 any jurisdiction.
836 Section 16. Section 77-41-105 is amended to read:
837 77-41-105. Registration of offenders -- Offender responsibilities.
838 (1) (a) An offender who enters this state from another jurisdiction is required to register
839 under Subsection (3) and Subsection 77-41-102(9) or (17).
840 (b) The offender shall register with the department within 10 days after the day on
841 which the offender enters the state, regardless of the offender's length of stay.
842 (2) (a) An offender required to register under Subsection 77-41-102(9) or (17) who is
843 under supervision by the department shall register in person with Division of Adult Probation
844 and Parole.
845 (b) An offender required to register under Subsection 77-41-102(9) or (17) who is no
846 longer under supervision by the department shall register in person with the police department
847 or sheriff's office that has jurisdiction over the area where the offender resides.
848 (3) (a) Except as provided in Subsections (3)(b), (c), and (4), [
849 an offender shall, for the duration of the sentence and for 10 years after termination of sentence
850 or custody of the division, register each year during the month of the offender's date of birth,
851 during the month that is the sixth month after the offender's birth month, and within three
852 business days after the day on which there is a change of the offender's primary residence, any
853 secondary residences, place of employment, vehicle information, or educational information
854 required to be submitted under Subsection (7).
855 (b) Except as provided in Subsections (3)(c)(iii), (4), and (5), [
856 an offender who is convicted in another jurisdiction of an offense listed in Subsection
857 77-41-102(9)(a) or (17)(a), a substantially similar offense, another offense that requires
858 registration in the jurisdiction of conviction, or an offender who is ordered by a court of
859 another jurisdiction to register as an offender shall:
860 (i) register for the time period, and in the frequency, required by the jurisdiction where
861 the offender was convicted or ordered to register if:
862 (A) that jurisdiction's registration period or registration frequency requirement for the
863 offense that the offender was convicted of is greater than the registration period required under
864 Subsection (3)(a), or is more frequent than every six months; or
865 (B) that jurisdiction's court order requires registration for greater than the registration
866 period required under Subsection (3)(a) or more frequently than every six months; or
867 (ii) register in accordance with the requirements of Subsection (3)(a), if the
868 jurisdiction's registration period or frequency requirement for the offense that the offender was
869 convicted of is less than the registration period required under Subsection (3)(a), or is less
870 frequent than every six months.
871 (c) (i) An offender convicted as an adult of an offense listed in Section 77-41-106
872 shall, for the offender's lifetime, register each year during the month of the offender's birth,
873 during the month that is the sixth month after the offender's birth month, and also within three
874 business days after the day on which there is a change of the offender's primary residence, any
875 secondary residences, place of employment, vehicle information, or educational information
876 required to be submitted under Subsection (7).
877 (ii) Except as provided in Subsection (3)(c)(iii), the registration requirement described
878 in Subsection (3)(c)(i) is not subject to exemptions and may not be terminated or altered during
879 the offender's lifetime, unless a petition is granted under Section 77-41-112.
880 (iii) If the sentencing court determines that the offense does not involve force or
881 coercion, lifetime registration under Subsection (3)(c)(i) does not apply to an offender who
882 commits the offense when the offender is under 21 years of age. For an offense listed in
883 Section 77-41-106, an offender who commits the offense when the offender is under 21 years
884 of age shall register for the registration period required under Subsection (3)(a), unless a
885 petition is granted under Section 77-41-112.
886 (d) For the purpose of establishing venue for a violation of this Subsection (3), the
887 violation is considered to be committed:
888 (i) at the most recent registered primary residence of the offender or at the location of
889 the offender, if the actual location of the offender at the time of the violation is not known; or
890 (ii) at the location of the offender at the time the offender is apprehended.
891 (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
892 confined in a secure facility or in a state mental hospital is not required to register during the
893 period of confinement.
894 (5) (a) Except as provided in Subsection (5)(b), in the case of an offender adjudicated in
895 another jurisdiction as a juvenile and required to register under this chapter, the offender shall
896 register in the time period and in the frequency consistent with the requirements of Subsection
897 (3).
898 (b) If the jurisdiction of the offender's adjudication does not publish the offender's
899 information on a public website, the department shall maintain, but not publish the offender's
900 information on the registration website.
901 (6) A sex offender who violates Section 77-27-21.8 regarding being in the presence of
902 a child while required to register under this chapter shall register for an additional five years
903 subsequent to the registration period otherwise required under this chapter.
904 (7) An offender shall provide the department or the registering entity with the
905 following information:
906 (a) all names and aliases by which the offender is or has been known;
907 (b) the addresses of the offender's primary and secondary residences;
908 (c) a physical description, including the offender's date of birth, height, weight, eye and
909 hair color;
910 (d) the make, model, color, year, plate number, and vehicle identification number of a
911 vehicle or vehicles the offender owns or regularly drives;
912 (e) a current photograph of the offender;
913 (f) a set of fingerprints, if one has not already been provided;
914 (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
915 already been provided;
916 (h) telephone numbers and any other designations used by the offender for routing or
917 self-identification in telephonic communications from fixed locations or cellular telephones;
918 (i) Internet identifiers and the addresses the offender uses for routing or
919 self-identification in Internet communications or postings;
920 (j) the name and Internet address of all websites on which the offender is registered
921 using an online identifier, including all online identifiers used to access those websites;
922 (k) a copy of the offender's passport, if a passport has been issued to the offender;
923 (l) if the offender is an alien, all documents establishing the offender's immigration
924 status;
925 (m) all professional licenses that authorize the offender to engage in an occupation or
926 carry out a trade or business, including any identifiers, such as numbers;
927 (n) each educational institution in Utah at which the offender is employed, carries on a
928 vocation, or is a student, and a change of enrollment or employment status of the offender at an
929 educational institution;
930 (o) the name, the telephone number, and the address of a place where the offender is
931 employed or will be employed;
932 (p) the name, the telephone number, and the address of a place where the offender
933 works as a volunteer or will work as a volunteer; and
934 (q) the offender's social security number.
935 (8) (a) An offender may change the offender's name in accordance with Title 42,
936 Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.
937 (b) Notwithstanding Section 42-1-2, an offender shall provide notice to the department
938 at least 30 days before the day on which the hearing for the name change is held.
939 (c) The court shall provide a copy of the order granting the offender's name change to
940 the department within 10 days after the day on which the court issues the order.
941 (d) If the court orders an offender's name changed, the department shall publish on the
942 registration website the offender's former name, and the offender's changed name as an alias.
943 (9) Notwithstanding Subsections (7)(i) and (j) and 77-41-103(1)(c), an offender is not
944 required to provide the department with:
945 (a) the offender's online identifier and password used exclusively for the offender's
946 employment on equipment provided by an employer and used to access the employer's private
947 network; or
948 (b) online identifiers for the offender's financial accounts, including a bank, retirement,
949 or investment account.
950 Section 17. Section 77-41-106 is amended to read:
951 77-41-106. Registerable offenses.
952 Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
953 (1) any offense listed in Subsection 77-41-102(9) or (17) if, at the time of the
954 conviction, the offender has previously been convicted of an offense listed in Subsection
955 77-41-102(9) or (17) or has previously been required to register as a sex offender for an offense
956 committed as a juvenile;
957 (2) a conviction for any of the following offenses, including attempting, soliciting, or
958 conspiring to commit any felony of:
959 (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
960 the victim;
961 (b) Section 76-5-402, rape;
962 (c) Section 76-5-402.1, rape of a child;
963 (d) Section 76-5-402.2, object rape;
964 (e) Section 76-5-402.3, object rape of a child;
965 (f) Section 76-5-403.1, sodomy on a child;
966 (g) Subsection 76-5-404.1(4), aggravated sexual abuse of a child; or
967 (h) Section 76-5-405, aggravated sexual assault;
968 (3) Section 76-5-308, human trafficking for sexual exploitation;
969 (4) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
970 (5) Section 76-5-310, aggravated human trafficking for sexual exploitation;
971 (6) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
972 [
973 [
974 parent of the victim;
975 [
976 [
977 [
978 [
979 [
980 10, 2011.
981 Section 18. Section 78A-6-1114 is amended to read:
982 78A-6-1114. Vacatur of adjudications.
983 (1) (a) A person who has been adjudicated under this chapter may petition the court for
984 vacatur of the person's juvenile court [
985 [
986 (i) [
987 76-10-1302, prostitution, Section 76-10-1304, aiding prostitution, or Section 76-10-1313, sex
988 solicitation; or
989 (ii) [
990 in while subject to force, fraud, or coercion, as defined in Section 76-5-308.
991 (b) The petitioner shall include in the petition the relevant juvenile court incident
992 number and any agencies known or alleged to have any documents related to the offense for
993 which vacatur is being sought.
994 (c) The petitioner shall include with the petition the original criminal history report
995 obtained from the Bureau of Criminal Identification in accordance with the provisions of
996 Section 53-10-108.
997 (d) The petitioner shall send a copy of the petition to the county attorney or, if within a
998 prosecution district, the district attorney.
999 (e) (i) Upon the filing of a petition, the court shall:
1000 (A) set a date for a hearing;
1001 (B) notify the county attorney or district attorney and the agency with custody of the
1002 records at least 30 days prior to the hearing of the pendency of the petition; and
1003 (C) notify the county attorney or district attorney and the agency with records the
1004 petitioner is asking the court to vacate of the date of the hearing.
1005 (ii) The court shall provide a victim with the opportunity to request notice of a petition
1006 for vacatur. A victim shall receive notice of a petition for vacatur at least 30 days prior to the
1007 hearing if, prior to the entry of a vacatur order, the victim or, in the case of a child or a person
1008 who is incapacitated or deceased, the victim's next of kin or authorized representative, submits
1009 a written and signed request for notice to the court in the judicial district in which the crime
1010 occurred or judgment was entered. The notice shall include a copy of the petition and statutes
1011 and rules applicable to the petition.
1012 (2) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
1013 and any other person who may have relevant information about the petitioner may testify.
1014 (b) (i) In deciding whether to grant a petition for vacatur, the court shall consider
1015 whether the petitioner acted subject to force, fraud, or coercion, as defined in Section 76-5-308,
1016 at the time of the conduct giving rise to the adjudication.
1017 (ii) If the court finds by a preponderance of the evidence that the petitioner was subject
1018 to force, fraud, or coercion, as defined in Section 76-5-308 at the time of the conduct giving
1019 rise to the adjudication, the court shall grant vacatur. If the court does not find sufficient
1020 evidence, the court shall deny vacatur.
1021 (iii) If the petition is for vacatur of any adjudication under Section 76-10-1302,
1022 prostitution, Section 76-10-1304, aiding prostitution, or Section 76-10-1313, sex solicitation,
1023 the court shall presumptively grant vacatur unless the petitioner acted as a purchaser of any
1024 sexual activity.
1025 (c) If vacatur is granted, the court shall order sealed all of the petitioner's records under
1026 the control of the juvenile court and any of the petitioner's records under the control of any
1027 other agency or official pertaining to the [
1028 identified in the petition, including relevant related records contained in the Management
1029 Information System created by Section 62A-4a-1003 and the Licensing Information System
1030 created by Section 62A-4a-1005.
1031 (3) (a) The petitioner shall be responsible for service of the order of vacatur to all
1032 affected state, county, and local entities, agencies, and officials.
1033 (b) To avoid destruction or sealing of the records in whole or in part, the agency or
1034 entity receiving the vacatur order shall only vacate all references to the petitioner's name in the
1035 records pertaining to the [
1036 (4) Upon the entry of the order granting vacatur, the proceedings in the [
1037
1038 petitioner may properly reply accordingly upon any inquiry in the matter. Inspection of the
1039 records may thereafter only be permitted by the court upon petition by the person who is the
1040 subject of the records, and only to persons named in the petition.
1041 (5) The court may not vacate a juvenile court record if the record contains an
1042 adjudication of:
1043 (a) Section 76-5-202, aggravated murder; or
1044 (b) Section 76-5-203, murder.
1045 Section 19. Section 78B-7-502 is amended to read:
1046 78B-7-502. Definitions.
1047 As used in this part:
1048 (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
1049 (2) "Dating partner" means the same as that term is defined in Section 78B-7-402.
1050 (3) "Ex parte sexual violence protective order" means an order issued without notice to
1051 the respondent in accordance with the requirements of this part.
1052 (4) "Protective order" means:
1053 (a) a sexual violence protective order; or
1054 (b) an ex parte sexual violence protective order.
1055 (5) "Sexual violence" means the commission or the attempt to commit:
1056 (a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
1057 Title 76, Chapter 5b, Part 2, Sexual Exploitation;
1058 (b) human trafficking for [
1059 (c) aggravated human trafficking for forced sexual exploitation under Section
1060 76-5-310.
1061 (6) "Sexual violence protective order" means an order issued after notice and a hearing
1062 in accordance with the requirements of this part.