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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:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
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
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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
30 action.
31 (3) "Affinity" means a relationship by marriage.
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33 condition.
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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.
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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.
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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 [
57 (i).
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60 actor is capable of acting.
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62 partnership, or unincorporated association.
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64 control over tangible property.
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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.
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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.
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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.
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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.
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102 permanent disfigurement, protracted loss or impairment of the function of any bodily member
103 or organ, or creates a substantial risk of death.
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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.
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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.
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118 person who is 16 years of age or older who:
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122 grandparent, sibling, or any other person related to the person by consanguinity or affinity to
123 the second degree;
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129 (b) "Cohabitant" does not include:
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132 under 18 years of age.
133 (4) "Consanguinity" means the same as that term is defined in Section 76-1-601.
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136 77-36-1.
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138 respondent in accordance with this chapter.
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140 78B-7-302.
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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.
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145 Officer Classifications.
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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).