7 LONG TITLE
8 General Description:
9 This bill adds definitions of certain relationships to the Utah Criminal Code.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines consanguinity and affinity, as used in the Utah Criminal Code and the
13 Cohabitant Abuse Act; and
14 ▸ makes technical corrections.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 76-1-601, as last amended by Laws of Utah 2019, Chapter 211
22 78B-7-102, as last amended by Laws of Utah 2018, Chapter 255
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-1-601 is amended to read:
26 76-1-601. Definitions.
27 Unless otherwise provided, as used in this title:
28 (1) "Act" means a voluntary bodily movement and includes speech.
29 (2) "Actor" means a person whose criminal responsibility is in issue in a criminal
31 (3) "Affinity" means a relationship by marriage.
35 (6) "Consanguinity" means a relationship by blood to the first or second degree,
36 including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew.
38 (a) any item capable of causing death or serious bodily injury; or
39 (b) a facsimile or representation of the item, if:
40 (i) the actor's use or apparent intended use of the item leads the victim to reasonably
41 believe the item is likely to cause death or serious bodily injury; or
42 (ii) the actor represents to the victim verbally or in any other manner that he is in
43 control of such an item.
45 (a) rape, Section 76-5-402;
46 (b) rape of a child, Section 76-5-402.1;
47 (c) object rape, Section 76-5-402.2;
48 (d) object rape of a child, Section 76-5-402.3;
49 (e) forcible sodomy, Subsection 76-5-403(2);
50 (f) sodomy on a child, Section 76-5-403.1;
51 (g) aggravated sexual abuse of a child, Subsection 76-5-404.1(4);
52 (h) aggravated sexual assault, Section 76-5-405;
53 (i) any felony attempt to commit an offense described in Subsections [
54 through (h); or
55 (j) an offense in another state, territory, or district of the United States that, if
56 committed in Utah, would constitute an offense described in Subsections [
60 actor is capable of acting.
62 partnership, or unincorporated association.
64 control over tangible property.
66 (a) the state, or an agency, bureau, office, department, division, board, commission,
67 institution, laboratory, or other instrumentality of the state;
68 (b) a political subdivision of the state, including a county, municipality, interlocal
69 entity, local district, special service district, school district, or school board;
70 (c) an agency, bureau, office, department, division, board, commission, institution,
71 laboratory, or other instrumentality of a political subdivision of the state; or
72 (d) another entity that:
73 (i) performs a public function; and
74 (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
76 regardless of the source from which they are derived, that:
77 (i) are owned, held, or administered by an entity described in Subsections [
78 through (c); or
79 (ii) are in the possession of an entity described in Subsection [
80 purpose of performing a public function.
81 (b) "Public money" or "public funds" includes money, funds, or accounts described in
82 Subsection [
83 to an independent contractor of the public entity.
84 (c) "Public money" or "public funds" remains public money or public funds while in
85 the possession of an independent contractor of a public entity for the purpose of providing a
86 program or service for, or on behalf of, the public entity.
88 (a) an elected official of a public entity;
89 (b) an individual appointed to, or serving an unexpired term of, an elected official of a
90 public entity;
91 (c) a judge of a court of record or not of record, including justice court judges; or
92 (d) a member of the Board of Pardons and Parole.
94 (i) a public officer;
95 (ii) an appointed official, employee, consultant, or independent contractor of a public
96 entity; or
97 (iii) a person hired or paid by a public entity to perform a government function.
98 (b) Public servant includes a person described in Subsection [
99 person's election, appointment, contracting, or other selection, regardless of whether the person
100 has begun to officially occupy the position of a public servant.
102 permanent disfigurement, protracted loss or impairment of the function of any bodily member
103 or organ, or creates a substantial risk of death.
105 bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or
106 temporary loss or impairment of the function of any bodily member or organ.
108 electronic storage or transmission, or any other method of recording information or fixing
109 information in a form capable of being preserved.
110 Section 2. Section 78B-7-102 is amended to read:
111 78B-7-102. Definitions.
112 As used in this chapter:
113 (1) "Abuse" means intentionally or knowingly causing or attempting to cause a
114 cohabitant physical harm or intentionally or knowingly placing a cohabitant in reasonable fear
115 of imminent physical harm.
116 (2) "Affinity" means the same as that term is defined in Section 76-1-601.
118 person who is 16 years of age or older who:
122 grandparent, sibling, or any other person related to the person by consanguinity or affinity to
123 the second degree;
129 (b) "Cohabitant" does not include:
132 under 18 years of age.
133 (4) "Consanguinity" means the same as that term is defined in Section 76-1-601.
138 respondent in accordance with this chapter.
142 agency having general police power and charged with making arrests in connection with
143 enforcement of the criminal statutes and ordinances of this state or any political subdivision.
145 Officer Classifications.
147 (a) an order issued pursuant to this chapter subsequent to a hearing on the petition, of
148 which the petitioner and respondent have been given notice in accordance with this chapter; or
149 (b) an order issued under Subsection 77-36-5.1(6).