This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 26, 2022 at 9:09 AM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 7, 2022 at 12:00 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies Title 76, Chapters 5 and 5b by redrafting offense statutes into a new
10 structure and clarifies existing law.
11 Highlighted Provisions:
12 This bill:
13 ▸ reorders language in offense statutes into a standardized format;
14 ▸ adds "semen" to list of bodily fluids to offenses concerning propelling an object or
15 substance;
16 ▸ clarifies language that certain employees and volunteers are included in the offense
17 concerning the propelling of an object or substance at a correctional or peace
18 officer;
19 ▸ reorganizes the offenses of child abuse, aggravated child abuse, and child
20 abandonment into three separate statutes;
21 ▸ removes the defense concerning reasonable discipline or management of a child
22 from the offense of aggravated child abuse;
23 ▸ removes the defense concerning treatment options for a child's medical condition
24 from the offense of child abandonment;
25 ▸ removes the defense concerning use of physical restraint or force on a child from
26 the offense of child abandonment;
27 ▸ reorganizes the offenses of abuse of a vulnerable adult, aggravated abuse of a
28 vulnerable adult, personal dignity exploitation of a vulnerable adult, and financial exploitation
29 of a vulnerable adult into four separate statutes;
30 ▸ removes the exemption concerning reliance on nonmedical healing from the
31 offenses of personal dignity exploitation of a vulnerable adult and financial
32 exploitation of a vulnerable adult;
33 ▸ modifies provisions of the criminal homicide statute to clarify that criminal
34 homicide is not a stand-alone offense but a general term for the collective
35 enumerated homicide offenses;
36 ▸ defines "criminal homicide";
37 ▸ for clarity, reenacts special mitigation provisions within respective offense statutes
38 and directs a court to enter the respective judgment of conviction if special
39 mitigation is established;
40 ▸ for clarity, reenacts imperfect self-defense provisions and directs a court to enter the
41 respective judgment of conviction if the defense is established;
42 ▸ amends special mitigation provisions to clarify that the jury must, consistent with
43 Utah Constitution, Article I, Section 10, unanimously find that the elements of the
44 offense are proven beyond a reasonable doubt;
45 ▸ repeals statute defining "targeting a law enforcement officer" and reenacts within
46 relevant provision;
47 ▸ for the offenses of unlawful sexual activity with a minor and unlawful adolescent
48 sexual activity, amends limiting offenses to include an attempt of a limiting offense;
49 ▸ for the offense of forcible sexual assault, amends limiting offenses to include an
50 attempted object rape;
51 ▸ reorganizes the offenses of sexual abuse of a child and aggravated sexual abuse of a
52 child by enacting aggravated sexual abuse as a stand-alone statute;
53 ▸ repeals and reenacts within relevant offense statutes provisions qualifying
54 commission of sexual penetration and touch;
55 ▸ reorganizes the offenses of custodial sexual relations and custodial sexual
56 misconduct by enacting custodial sexual misconduct as a stand-alone statute;
57 ▸ reorganizes the offenses of custodial sexual relations or misconduct with youth
58 receiving state services and custodial sexual misconduct with a youth receiving state
59 services by enacting custodial sexual misconduct with a youth receiving state services as a
60 stand-alone statute;
61 ▸ repeals statute defining "indecent liberties" and reenacts within relevant provision;
62 ▸ creates three new sections from the human trafficking and smuggling sections;
63 ▸ repeals section regarding lesser included offenses of kidnapping and unlawful
64 detention;
65 ▸ removes mentally incompetent language from kidnapping statute and replaces it
66 with dependent adult;
67 ▸ adds caretaker to the list of persons without whose consent a dependent adult may
68 not be held against their will;
69 ▸ narrows the definition of conviction for custodial interference; and
70 ▸ makes technical and conforming changes.
71 Money Appropriated in this Bill:
72 None
73 Other Special Clauses:
74 This bill provides revisor instructions.
74a Ŝ→ This bill provides a coordination clause. ←Ŝ
75 Utah Code Sections Affected:
76 AMENDS:
77 76-1-301, as last amended by Laws of Utah 2019, Chapter 26
78 76-2-304.5, as last amended by Laws of Utah 2016, Chapter 194
79 76-2-401, as last amended by Laws of Utah 2000, Chapter 126
80 76-2-402, as last amended by Laws of Utah 2019, Chapter 201
81 76-2-404, as last amended by Laws of Utah 2021, Chapters 150 and 260
82 76-2-408, as last amended by Laws of Utah 2021, Chapter 150
83 76-3-202, as last amended by Laws of Utah 2018, Chapter 334
84 76-3-203.2, as last amended by Laws of Utah 2011, Chapter 91
85 76-3-203.5, as last amended by Laws of Utah 2013, Chapter 278
86 76-3-203.6, as last amended by Laws of Utah 2020, Chapter 346
87 76-3-203.7, as last amended by Laws of Utah 2007, Chapter 339
88 76-3-203.8, as last amended by Laws of Utah 2004, Chapter 276
89 76-3-203.10, as enacted by Laws of Utah 2010, Chapter 359
90 76-3-203.13, as enacted by Laws of Utah 2018, Chapter 394
91 76-3-406, as last amended by Laws of Utah 2021, Chapters 260 and 262
92 76-4-401, as last amended by Laws of Utah 2019, Chapter 200
93 76-5-101, as last amended by Laws of Utah 2003, Chapter 171
94 76-5-102, as last amended by Laws of Utah 2015, Chapter 430
95 76-5-102.3, as last amended by Laws of Utah 2017, Chapter 123
96 76-5-102.4, as last amended by Laws of Utah 2017, Chapters 62 and 123
97 76-5-102.5, as enacted by Laws of Utah 1974, Chapter 32
98 76-5-102.6, as last amended by Laws of Utah 2019, Chapter 36
99 76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
100 76-5-102.8, as last amended by Laws of Utah 2010, Chapter 222
101 76-5-102.9, as enacted by Laws of Utah 2013, Chapter 153
102 76-5-103, as last amended by Laws of Utah 2017, Chapters 388 and 454
103 76-5-103.5, as last amended by Laws of Utah 2020, Chapter 346
104 76-5-104, as last amended by Laws of Utah 1997, Chapter 83
105 76-5-105, as enacted by Laws of Utah 1973, Chapter 196
106 76-5-106, as last amended by Laws of Utah 1995, Chapter 300
107 76-5-106.5, as last amended by Laws of Utah 2020, Chapter 142
108 76-5-107, as last amended by Laws of Utah 2015, Chapter 430
109 76-5-107.1, as last amended by Laws of Utah 2021, Chapter 262
110 76-5-107.3, as last amended by Laws of Utah 2013, Chapter 39
111 76-5-107.5, as last amended by Laws of Utah 2011, Chapter 340
112 76-5-108, as last amended by Laws of Utah 2021, Chapter 262
113 76-5-109, as last amended by Laws of Utah 2017, Chapter 388
114 76-5-110, as last amended by Laws of Utah 2021, Chapter 262
115 76-5-111, as last amended by Laws of Utah 2019, Chapter 281
116 76-5-112, as enacted by Laws of Utah 1999, Chapter 66
117 76-5-112.5, as last amended by Laws of Utah 2020, Chapter 132
118 76-5-113, as last amended by Laws of Utah 2010, Chapter 276
119 76-5-201, as last amended by Laws of Utah 2010, Chapter 13
120 76-5-202, as last amended by Laws of Utah 2018, Chapter 343
121 76-5-203, as last amended by Laws of Utah 2009, Chapters 125 and 206
122 76-5-205, as last amended by Laws of Utah 2018, Chapter 372
123 76-5-205.5, as last amended by Laws of Utah 2019, Chapter 312
124 76-5-206, as last amended by Laws of Utah 2010, Chapter 157
125 76-5-207, as last amended by Laws of Utah 2017, Chapter 283
126 76-5-207.5, as last amended by Laws of Utah 2012, Chapter 193
127 76-5-208, as last amended by Laws of Utah 2008, Chapter 152
128 76-5-209, as enacted by Laws of Utah 1995, Chapter 291
129 76-5-301, as last amended by Laws of Utah 2001, Chapter 301
130 76-5-301.1, as last amended by Laws of Utah 2013, Chapter 81
131 76-5-302, as last amended by Laws of Utah 2020, Chapter 298
132 76-5-303, as last amended by Laws of Utah 2021, Chapter 343
133 76-5-303.5, as enacted by Laws of Utah 2010, Chapter 374
134 76-5-304, as last amended by Laws of Utah 2019, Chapter 106
135 76-5-305, as last amended by Laws of Utah 2019, Chapter 26
136 76-5-307, as last amended by Laws of Utah 2013, Chapters 196 and 278
137 76-5-308, as last amended by Laws of Utah 2020, Chapter 108
138 76-5-308.5, as last amended by Laws of Utah 2020, Chapter 108
139 76-5-309, as last amended by Laws of Utah 2021, Chapter 241
140 76-5-310, as last amended by Laws of Utah 2021, Chapter 241
141 76-5-311, as last amended by Laws of Utah 2020, Chapter 108
142 76-5-401, as last amended by Laws of Utah 2020, Chapter 108
143 76-5-401.1, as last amended by Laws of Utah 2020, Chapter 108
144 76-5-401.2, as last amended by Laws of Utah 2018, Chapters 192 and 394
145 76-5-401.3, as last amended by Laws of Utah 2021, Chapter 262
146 76-5-402, as last amended by Laws of Utah 2013, Chapter 81
147 76-5-402.1, as last amended by Laws of Utah 2017, Chapter 290
148 76-5-402.2, as last amended by Laws of Utah 2013, Chapter 81
149 76-5-402.3, as last amended by Laws of Utah 2017, Chapter 290
150 76-5-403, as last amended by Laws of Utah 2019, Chapter 189
151 76-5-403.1, as last amended by Laws of Utah 2017, Chapter 290
152 76-5-404, as last amended by Laws of Utah 2019, Chapter 189
153 76-5-404.1, as last amended by Laws of Utah 2019, Chapter 146
154 76-5-405, as last amended by Laws of Utah 2013, Chapter 81
155 76-5-406.3, as enacted by Laws of Utah 1996, Chapter 40
156 76-5-406.5, as last amended by Laws of Utah 2004, Chapter 213
157 76-5-407, as last amended by Laws of Utah 2019, Chapters 189 and 378
158 76-5-412, as last amended by Laws of Utah 2018, Chapter 192
159 76-5-413, as last amended by Laws of Utah 2021, Chapter 262
160 76-5-701, as enacted by Laws of Utah 2019, Chapter 398
161 76-5-702, as last amended by Laws of Utah 2020, Chapter 354
162 76-5-704, as enacted by Laws of Utah 2019, Chapter 398
163 76-5b-103, as last amended by Laws of Utah 2013, Chapter 290
164 76-5b-201, as last amended by Laws of Utah 2021, Chapter 262
165 76-5b-202, as enacted by Laws of Utah 2011, Chapter 320
166 76-5b-203, as last amended by Laws of Utah 2021, Chapters 55 and 95
167 76-5b-203.5, as enacted by Laws of Utah 2021, Chapter 95
168 76-5b-204, as enacted by Laws of Utah 2017, Chapter 434
169 76-5b-205, as enacted by Laws of Utah 2021, Chapter 134
170 76-6-102, as last amended by Laws of Utah 2013, Chapter 272
171 76-6-203, as last amended by Laws of Utah 1989, Chapter 170
172 76-6-302, as last amended by Laws of Utah 2003, Chapter 62
173 76-7-101, as last amended by Laws of Utah 2021, Chapter 159
174 76-7-305, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
175 76-8-309, as last amended by Laws of Utah 2018, Chapter 25
176 76-8-316, as last amended by Laws of Utah 2013, Chapter 432
177 76-8-318, as enacted by Laws of Utah 2019, Chapter 478
178 76-9-101, as last amended by Laws of Utah 2021, Chapter 94 and last amended by
179 Coordination Clause, Laws of Utah 2021, Chapter 260
180 76-9-702, as last amended by Laws of Utah 2018, Chapter 192
181 76-9-702.1, as last amended by Laws of Utah 2015, Chapter 210
182 76-9-804, as enacted by Laws of Utah 2009, Chapter 313
183 76-9-1003, as last amended by Laws of Utah 2020, Chapter 108
184 76-10-1302, as last amended by Laws of Utah 2020, Chapters 108, 214 and last
185 amended by Coordination Clause, Laws of Utah 2020, Chapter 214
186 76-10-1306, as last amended by Laws of Utah 2017, Chapter 433
187 76-10-1313, as last amended by Laws of Utah 2020, Chapter 108
188 76-10-1315, as last amended by Laws of Utah 2021, Chapter 262
189 76-10-1504, as last amended by Laws of Utah 2016, Chapter 399
190 76-10-1602, as last amended by Laws of Utah 2019, Chapters 200 and 363
191 ENACTS:
192 76-1-101.6, Utah Code Annotated 1953
193 76-5-109.2, Utah Code Annotated 1953
194 76-5-109.3, Utah Code Annotated 1953
195 76-5-111.2, Utah Code Annotated 1953
196 76-5-111.3, Utah Code Annotated 1953
197 76-5-111.4, Utah Code Annotated 1953
198 76-5-308.1, Utah Code Annotated 1953
199 76-5-308.3, Utah Code Annotated 1953
200 76-5-310.1, Utah Code Annotated 1953
201 76-5-404.3, Utah Code Annotated 1953
202 76-5-412.2, Utah Code Annotated 1953
203 76-5-413.2, Utah Code Annotated 1953
204 RENUMBERS AND AMENDS:
205 76-1-101.5, (Renumbered from 76-1-601, as last amended by Laws of Utah 2020,
206 Chapter 287)
207 76-5-114, (Renumbered from 76-5-109.1, as last amended by Laws of Utah 2009,
208 Chapter 70)
209 REPEALS:
210 76-5-210, as enacted by Laws of Utah 2017, Chapter 454
211 76-5-306, as last amended by Laws of Utah 2012, Chapter 39
212 76-5-416, as last amended by Laws of Utah 2019, Chapter 378
212a Ŝ→ Utah Code Sections Affected by Coordination Clause:
212b 76-5-201, as last amended by Laws of Utah 2010, Chapter 13 ←Ŝ
213
214 Be it enacted by the Legislature of the state of Utah:
215 Section 1. Section 76-1-101.5, which is renumbered from Section 76-1-601 is
216 renumbered and amended to read:
217 [
218 Unless otherwise provided, as used in this title:
219 (1) "Act" means a voluntary bodily movement and includes speech.
220 (2) "Actor" means a person whose criminal responsibility is in issue in a criminal
221 action.
222 (3) "Affinity" means a relationship by marriage.
223 (4) "Bodily injury" means physical pain, illness, or any impairment of physical
224 condition.
225 (5) "Conduct" means an act or omission.
226 (6) "Consanguinity" means a relationship by blood to the first or second degree,
227 including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew.
228 (7) "Dangerous weapon" means:
229 (a) any item capable of causing death or serious bodily injury; or
230 (b) a facsimile or representation of the item, if:
231 (i) the actor's use or apparent intended use of the item leads the victim to reasonably
232 believe the item is likely to cause death or serious bodily injury; or
233 (ii) the actor represents to the victim verbally or in any other manner that [
234 is in control of such an item.
235 (8) "Grievous sexual offense" means:
236 (a) rape, Section 76-5-402;
237 (b) rape of a child, Section 76-5-402.1;
238 (c) object rape, Section 76-5-402.2;
239 (d) object rape of a child, Section 76-5-402.3;
240 (e) forcible sodomy, Subsection 76-5-403(2);
241 (f) sodomy on a child, Section 76-5-403.1;
242 (g) aggravated sexual abuse of a child, [
243 (h) aggravated sexual assault, Section 76-5-405;
244 (i) any felony attempt to commit an offense described in Subsections (8)(a) through
245 (h); or
246 (j) an offense in another state, territory, or district of the United States that, if
247 committed in Utah, would constitute an offense described in Subsections (8)(a) through (i).
248 (9) "Offense" means a violation of any penal statute of this state.
249 (10) "Omission" means a failure to act when there is a legal duty to act and the actor is
250 capable of acting.
251 (11) "Person" means an individual, public or private corporation, government,
252 partnership, or unincorporated association.
253 (12) "Possess" means to have physical possession of or to exercise dominion or control
254 over tangible property.
255 (13) "Public entity" means:
256 (a) the state, or an agency, bureau, office, department, division, board, commission,
257 institution, laboratory, or other instrumentality of the state;
258 (b) a political subdivision of the state, including a county, municipality, interlocal
259 entity, local district, special service district, school district, or school board;
260 (c) an agency, bureau, office, department, division, board, commission, institution,
261 laboratory, or other instrumentality of a political subdivision of the state; or
262 (d) another entity that:
263 (i) performs a public function; and
264 (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
265 (14) (a) "Public money" or "public funds" means money, funds, or accounts, regardless
266 of the source from which they are derived, that:
267 (i) are owned, held, or administered by an entity described in Subsections (13)(a)
268 through (c); or
269 (ii) are in the possession of an entity described in Subsection (13)(d)(i) for the purpose
270 of performing a public function.
271 (b) "Public money" or "public funds" includes money, funds, or accounts described in
272 Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an
273 independent contractor of the public entity.
274 (c) "Public money" or "public funds" remains public money or public funds while in
275 the possession of an independent contractor of a public entity for the purpose of providing a
276 program or service for, or on behalf of, the public entity.
277 (15) "Public officer" means:
278 (a) an elected official of a public entity;
279 (b) an individual appointed to, or serving an unexpired term of, an elected official of a
280 public entity;
281 (c) a judge of a court of record or not of record, including justice court judges; or
282 (d) a member of the Board of Pardons and Parole.
283 (16) (a) "Public servant" means:
284 (i) a public officer;
285 (ii) an appointed official, employee, consultant, or independent contractor of a public
286 entity; or
287 (iii) a person hired or paid by a public entity to perform a government function.
288 (b) Public servant includes a person described in Subsection (16)(a) upon the person's
289 election, appointment, contracting, or other selection, regardless of whether the person has
290 begun to officially occupy the position of a public servant.
291 (17) "Serious bodily injury" means bodily injury that creates or causes serious
292 permanent disfigurement, protracted loss or impairment of the function of any bodily member
293 or organ, or creates a substantial risk of death.
294 (18) "Substantial bodily injury" means bodily injury, not amounting to serious bodily
295 injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary
296 loss or impairment of the function of any bodily member or organ.
297 (19) "Writing" or "written" includes any handwriting, typewriting, printing, electronic
298 storage or transmission, or any other method of recording information or fixing information in
299 a form capable of being preserved.
300 Section 2. Section 76-1-101.6 is enacted to read:
301 76-1-101.6. Application of definitions to title.
302 (1) For formatting purposes, sections in this title that contain a criminal offense include
303 an express provision that states that the title definitions in Section 76-1-101.5 apply to that
304 section.
305 (2) Although a provision described in Subsection (1) is not included in non-offense
306 sections in Title 76 or in other titles, title definitions apply to all statutes within a title unless
307 otherwise expressly provided.
308 Section 3. Section 76-1-301 is amended to read:
309 76-1-301. Offenses for which prosecution may be commenced at any time.
310 (1) As used in this section:
311 (a) "Aggravating offense" means any offense incident to which a homicide was
312 committed as described in Subsection 76-5-202[
313 76-5-202(2)(b).
314 (b) "Predicate offense" means an offense described in [
315 76-5-203(1)(a) if a person other than a party as defined in Section 76-2-202 was killed in the
316 course of the commission, attempted commission, or immediate flight from the commission or
317 attempted commission of the offense.
318 (2) Notwithstanding any other provisions of this code, prosecution for the following
319 offenses may be commenced at any time:
320 (a) capital felony;
321 (b) aggravated murder;
322 (c) murder;
323 (d) manslaughter;
324 (e) child abuse homicide;
325 (f) aggravated kidnapping;
326 (g) child kidnapping;
327 (h) rape;
328 (i) rape of a child;
329 (j) object rape;
330 (k) object rape of a child;
331 (l) forcible sodomy;
332 (m) sodomy on a child;
333 (n) sexual abuse of a child;
334 (o) aggravated sexual abuse of a child;
335 (p) aggravated sexual assault;
336 (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
337 (r) aggravated human trafficking or aggravated human smuggling in violation of
338 Section 76-5-310;
339 (s) aggravated exploitation of prostitution involving a child, under Section 76-10-1306;
340 or
341 (t) human trafficking of a child, under Section 76-5-308.5.
342 Section 4. Section 76-2-304.5 is amended to read:
343 76-2-304.5. Mistake as to victim's age not a defense.
344 (1) It is not a defense to the crime of child kidnapping, a violation of Section
345 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation
346 of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a
347 child, a violation of Section [
347a abuse of a child, a
348 violation of Subsection Ŝ→ [
348a offenses, that the
349 actor mistakenly believed the victim to be 14 years [
350 alleged offense or was unaware of the victim's true age.
351 (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
352 of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt
353 to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
354 [
355 (3) It is not a defense to the crime of aggravated human trafficking [
356 Section 76-5-310, aggravated human smuggling, a violation of Section [
357 or human trafficking of a child, a violation of Section 76-5-308.5, that the actor mistakenly
358 believed the victim to be 18 years [
359 unaware of the victim's true age.
360 (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
361 of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
362 [
363 (5) It is not a defense to any of the following crimes that the actor mistakenly believed
364 the victim to be 18 years [
365 of the victim's true age:
366 (a) patronizing a prostitute, a violation of Section 76-10-1303;
367 (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or
368 (c) sexual solicitation, a violation of Section 76-10-1313.
369 Section 5. Section 76-2-401 is amended to read:
370 76-2-401. Justification as defense -- When allowed.
371 (1) Conduct which is justified is a defense to prosecution for any offense based on the
372 conduct. The defense of justification may be claimed:
373 (a) when the actor's conduct is in defense of persons or property under the
374 circumstances described in Sections 76-2-402 through 76-2-406 of this part;
375 (b) when the actor's conduct is reasonable and in fulfillment of his duties as a
376 governmental officer or employee;
377 (c) when the actor's conduct is reasonable discipline of minors by parents, guardians,
378 teachers, or other persons in loco parentis, as limited by Subsection (2);
379 (d) when the actor's conduct is reasonable discipline of persons in custody under the
380 laws of the state; or
381 (e) when the actor's conduct is justified for any other reason under the laws of this
382 state.
383 (2) The defense of justification under Subsection (1)(c) is not available if the offense
384 charged involves causing serious bodily injury, as defined in Section [
385 serious physical injury, as defined in Section 76-5-109, or the death of the minor.
386 Section 6. Section 76-2-402 is amended to read:
387 76-2-402. Force in defense of person -- Forcible felony defined.
388 (1) As used in this section:
389 (a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder,
390 manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child,
391 object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child,
392 and aggravated sexual assault as defined in [
393 Individual, and arson, robbery, and burglary as defined in [
394 Against Property.
395 (b) "Forcible felony" includes any other felony offense that involves the use of force or
396 violence against an individual that poses a substantial danger of death or serious bodily injury.
397 (c) "Forcible felony" does not include burglary of a vehicle, as defined in Section
398 76-6-204, unless the vehicle is occupied at the time unlawful entry is made or attempted.
399 (2) (a) An individual is justified in threatening or using force against another individual
400 when and to the extent that the individual reasonably believes that force or a threat of force is
401 necessary to defend the individual or another individual against the imminent use of unlawful
402 force.
403 (b) An individual is justified in using force intended or likely to cause death or serious
404 bodily injury only if the individual reasonably believes that force is necessary to prevent death
405 or serious bodily injury to the individual or another individual as a result of imminent use of
406 unlawful force, or to prevent the commission of a forcible felony.
407 (3) (a) An individual is not justified in using force under the circumstances specified in
408 Subsection (2) if the individual:
409 (i) initially provokes the use of force against another individual with the intent to use
410 force as an excuse to inflict bodily harm upon the other individual;
411 (ii) is attempting to commit, committing, or fleeing after the commission or attempted
412 commission of a felony , unless the use of force is a reasonable response to factors unrelated to
413 the commission, attempted commission, or fleeing after the commission of that felony ; or
414 (iii) was the aggressor or was engaged in a combat by agreement, unless the individual
415 withdraws from the encounter and effectively communicates to the other individual the intent
416 to withdraw from the encounter and, notwithstanding, the other individual continues or
417 threatens to continue the use of unlawful force.
418 (b) For purposes of Subsection (3)(a)(iii) the following do not, alone, constitute
419 "combat by agreement":
420 (i) voluntarily entering into or remaining in an ongoing relationship; or
421 (ii) entering or remaining in a place where one has a legal right to be.
422 (4) Except as provided in Subsection (3)(a)(iii):
423 (a) an individual does not have a duty to retreat from the force or threatened force
424 described in Subsection (2) in a place where that individual has lawfully entered or remained;
425 and
426 (b) the failure of an individual to retreat under the provisions of Subsection (4)(a) is not
427 a relevant factor in determining whether the individual who used or threatened force acted
428 reasonably.
429 (5) In determining imminence or reasonableness under Subsection (2), the trier of fact
430 may consider:
431 (a) the nature of the danger;
432 (b) the immediacy of the danger;
433 (c) the probability that the unlawful force would result in death or serious bodily
434 injury;
435 (d) the other individual's prior violent acts or violent propensities;
436 (e) any patterns of abuse or violence in the parties' relationship; and
437 (f) any other relevant factors.
438 Section 7. Section 76-2-404 is amended to read:
439 76-2-404. Law enforcement officer use of deadly force.
440 (1) As used in this section:
441 (a) "Deadly force" means force that creates or is likely to create, or that the individual
442 using the force intends to create, a substantial likelihood of death or serious bodily injury to an
443 individual.
444 (b) "Officer" means an officer described in Section 53-13-102.
445 (c) "Serious bodily injury" means the same as that term is defined in Section
446 [
447 (2) The defense of justification applies to the use of deadly force by an officer, or an
448 individual acting by the officer's command in providing aid and assistance, when:
449 (a) the officer is acting in obedience to and in accordance with the judgment of a
450 competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
451 (b) effecting an arrest or preventing an escape from custody following an arrest, if:
452 (i) the officer reasonably believes that deadly force is necessary to prevent the arrest
453 from being defeated by escape; and
454 (ii) (A) the officer has probable cause to believe that the suspect has committed a
455 felony offense involving the infliction or threatened infliction of death or serious bodily injury;
456 or
457 (B) the officer has probable cause to believe the suspect poses a threat of death or
458 serious bodily injury to the officer or to an individual other than the suspect if apprehension is
459 delayed; or
460 (c) the officer reasonably believes that the use of deadly force is necessary to prevent
461 death or serious bodily injury to the officer or an individual other than the suspect.
462 (3) If feasible, a verbal warning should be given by the officer prior to any use of
463 deadly force under Subsection (2)(b) or (2)(c).
464 Section 8. Section 76-2-408 is amended to read:
465 76-2-408. Officer use of force -- Investigations.
466 (1) As used in this section:
467 (a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
468 intended use is capable of causing death or serious bodily injury to a person.
469 (b) "Deadly force" means a force that creates or is likely to create, or that the person
470 using the force intends to create, a substantial likelihood of death or serious bodily injury to a
471 person.
472 (c) "In custody" means in the legal custody of a state prison, county jail, or other
473 correctional facility, including custody that results from:
474 (i) a detention to secure attendance as a witness in a criminal case;
475 (ii) an arrest for or charging with a crime and committing for trial;
476 (iii) committing for contempt, upon civil process, or by other authority of law; or
477 (iv) sentencing to imprisonment on conviction of a crime.
478 (d) "Investigating agency" means a law enforcement agency, the county or district
479 attorney's office, or an interagency task force composed of officers from multiple law
480 enforcement agencies.
481 (e) "Officer" means an officer described in Section 53-13-102.
482 (f) "Officer-involved critical incident" means any of the following:
483 (i) an officer's use of deadly force;
484 (ii) an officer's use of a dangerous weapon against a person who causes injury to any
485 person;
486 (iii) death or serious bodily injury to any person, other than the officer, resulting from
487 an officer's:
488 (A) use of a motor vehicle while the officer is on duty; or
489 (B) use of a government vehicle while the officer is off duty;
490 (iv) the death of a person who is in custody, but excluding a death that is the result of
491 disease, natural causes, or conditions that have been medically diagnosed prior to the person's
492 death; or
493 (v) the death of or serious bodily injury to a person not in custody, other than an
494 officer, resulting from an officer's attempt to prevent a person's escape from custody, to make
495 an arrest, or otherwise to gain physical control of a person.
496 (g) "Serious bodily injury" means the same as that term is defined in Section
497 [
498 (2) When an officer-involved critical incident occurs:
499 (a) upon receiving notice of the officer-involved critical incident, the law enforcement
500 agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
501 county or district attorney having jurisdiction where the incident occurred; and
502 (b) the chief executive of the law enforcement agency and the county or district
503 attorney having jurisdiction where the incident occurred shall:
504 (i) jointly designate an investigating agency for the officer-involved critical incident;
505 and
506 (ii) designate which agency is the lead investigative agency if the officer-involved
507 critical incident involves multiple investigations.
508 (3) The investigating agency under Subsection (2) may not be the law enforcement
509 agency employing the officer who is alleged to have caused or contributed to the
510 officer-involved critical incident.
511 (4) This section does not preclude the law enforcement agency employing an officer
512 alleged to have caused or contributed to the officer-involved critical incident from conducting
513 an internal administrative investigation.
514 (5) Each law enforcement agency that is part of or administered by the state or any of
515 the state's political subdivisions shall adopt and post on the agency's publicly accessible
516 website:
517 (a) the policies and procedures the agency has adopted to select the investigating
518 agency if an officer-involved critical incident occurs in the agency's jurisdiction and one of the
519 agency's officers is alleged to have caused or contributed to the officer-involved incident; and
520 (b) the protocols the agency has adopted to ensure that any investigation of
521 officer-involved incidents occurring in the agency's jurisdiction are conducted professionally,
522 thoroughly, and impartially.
523 Section 9. Section 76-3-202 is amended to read:
524 76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
525 served on parole -- Discretion of Board of Pardons and Parole.
526 (1) Every individual committed to the state prison to serve an indeterminate term and,
527 after December 31, 2018, released on parole shall complete a term of parole that extends
528 through the expiration of the individual's maximum sentence unless the parole is earlier
529 terminated by the Board of Pardons and Parole in accordance with the supervision length
530 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, as
531 described in Subsection 77-27-5(7), to the extent the guidelines are consistent with the
532 requirements of the law.
533 (2) (a) Except as provided in Subsection (2)(b), every individual committed to the state
534 prison to serve an indeterminate term and released on parole on or after October 1, 2015, but
535 before January 1, 2019, shall, upon completion of three years on parole outside of confinement
536 and without violation, be terminated from the individual's sentence unless the parole is earlier
537 terminated by the Board of Pardons and Parole or is terminated pursuant to Section 64-13-21.
538 (b) Every individual committed to the state prison to serve an indeterminate term and
539 later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
540 convicted of any felony offense under [
541 Individual, or any attempt, conspiracy, or solicitation to commit any of these felony offenses,
542 shall complete a term of parole that extends through the expiration of the individual's
543 maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
544 (3) Every individual convicted of a second degree felony for violating Section
545 76-5-404, forcible sexual abuse[
546 Section 76-5-404.3, aggravated sexual abuse of a child[
547 soliciting the commission of a violation of any of those sections, and who is paroled before
548 July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without
549 violation, be terminated from the sentence unless the individual is earlier terminated by the
550 Board of Pardons and Parole.
551 (4) An individual who violates the terms of parole, while serving parole, for any
552 offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
553 Parole be recommitted to prison to serve the portion of the balance of the term as determined
554 by the Board of Pardons and Parole, but not to exceed the maximum term.
555 (5) An individual paroled following a former parole revocation may not be discharged
556 from the individual's sentence until:
557 (a) the individual has served the applicable period of parole under this section outside
558 of confinement;
559 (b) the individual's maximum sentence has expired; or
560 (c) the Board of Pardons and Parole orders the individual to be discharged from the
561 sentence.
562 (6) (a) All time served on parole, outside of confinement and without violation,
563 constitutes service toward the total sentence.
564 (b) Any time an individual spends outside of confinement after commission of a parole
565 violation does not constitute service toward the total sentence unless the individual is
566 exonerated at a parole revocation hearing.
567 (c) (i) Any time an individual spends in confinement awaiting a hearing before the
568 Board of Pardons and Parole or a decision by the board concerning revocation of parole
569 constitutes service toward the total sentence.
570 (ii) In the case of exoneration by the board, the time spent is included in computing the
571 total parole term.
572 (7) When a parolee causes the parolee's absence from the state without authority from
573 the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
574 avoidance, or evasion tolls the parole period.
575 (8) (a) While on parole, time spent in confinement outside the state may not be credited
576 toward the service of any Utah sentence.
577 (b) Time in confinement outside the state or in the custody of any tribal authority or the
578 United States government for a conviction obtained in another jurisdiction tolls the expiration
579 of the Utah sentence.
580 (9) This section does not preclude the Board of Pardons and Parole from paroling or
581 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
582 unless otherwise specifically provided by law.
583 (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
584 Parole for termination of lifetime parole.
585 Section 10. Section 76-3-203.2 is amended to read:
586 76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
587 about school premises -- Enhanced penalties.
588 (1) (a) As used in this section "on or about school premises" means:
589 (i) (A) in a public or private elementary or secondary school; or
590 (B) on the grounds of any of those schools;
591 (ii) (A) in a public or private institution of higher education; or
592 (B) on the grounds of a public or private institution of higher education;
593 (iii) within 1,000 feet of any school, institution, or grounds included in Subsections
594 (1)(a)(i) and (ii); and
595 (iv) in or on the grounds of a preschool or child care facility.
596 (b) As used in this section:
597 (i) "Dangerous weapon" has the same definition as in Section [
598 (ii) "Educator" means a person who is:
599 (A) employed by a public school district; and
600 (B) required to hold a certificate issued by the State Board of Education in order to
601 perform duties of employment.
602 (iii) "Within the course of employment" means that an educator is providing services or
603 engaging in conduct required by the educator's employer to perform the duties of employment.
604 (2) A person who, on or about school premises, commits an offense and uses or
605 threatens to use a dangerous weapon, as defined in Section [
606 commission of the offense is subject to an enhanced degree of offense as provided in
607 Subsection (4).
608 (3) (a) A person who commits an offense against an educator when the educator is
609 acting within the course of employment is subject to an enhanced degree of offense as provided
610 in Subsection (4).
611 (b) As used in Subsection (3)(a), "offense" means:
612 (i) an offense under [
613 and
614 (ii) an offense under [
615 (4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or
616 about school premises, commits an offense and in the commission of the offense uses or
617 threatens to use a dangerous weapon, or that the defendant committed an offense against an
618 educator when the educator was acting within the course of the educator's employment, the
619 enhanced penalty for a:
620 (a) class B misdemeanor is a class A misdemeanor;
621 (b) class A misdemeanor is a third degree felony;
622 (c) third degree felony is a second degree felony; or
623 (d) second degree felony is a first degree felony.
624 (5) The enhanced penalty for a first degree felony offense of a convicted person:
625 (a) is imprisonment for a term of not less than five years and which may be for life, and
626 imposition or execution of the sentence may not be suspended unless the court finds that the
627 interests of justice would be best served and states the specific circumstances justifying the
628 disposition on the record; and
629 (b) is subject also to the dangerous weapon enhancement provided in Section
630 76-3-203.8, except for an offense committed under Subsection (3) that does not involve a
631 firearm.
632 (6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
633 notice upon the information or indictment that the defendant is subject to the enhanced degree
634 of offense or penalty under Subsection (4) or (5).
635 (7) In cases where an offense is enhanced under Subsection (4), or under Subsection
636 (5)(a) for an offense committed under Subsection (2) that does not involve a firearm, the
637 convicted person is not subject to the dangerous weapon enhancement in Section 76-3-203.8.
638 (8) The sentencing enhancement described in this section does not apply if:
639 (a) the offense for which the person is being sentenced is:
640 (i) a grievous sexual offense;
641 (ii) child kidnapping under Section 76-5-301.1;
642 (iii) aggravated kidnapping under Section 76-5-302; or
643 (iv) forcible sexual abuse under Section 76-5-404; and
644 (b) applying the sentencing enhancement provided for in this section would result in a
645 lower maximum penalty than the penalty provided for under the section that describes the
646 offense for which the person is being sentenced.
647 Section 11. Section 76-3-203.5 is amended to read:
648 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
649 (1) As used in this section:
650 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
651 United States, or any district, possession, or territory of the United States for which the
652 maximum punishment the offender may be subjected to exceeds one year in prison.
653 (b) "Habitual violent offender" means a person convicted within the state of any violent
654 felony and who on at least two previous occasions has been convicted of a violent felony and
655 committed to either prison in Utah or an equivalent correctional institution of another state or
656 of the United States either at initial sentencing or after revocation of probation.
657 (c) "Violent felony" means:
658 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
659 any of the following offenses punishable as a felony:
660 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
661 [
662 (B) assault by prisoner, Section 76-5-102.5;
663 (C) disarming a police officer, Section 76-5-102.8;
664 (D) aggravated assault, Section 76-5-103;
665 (E) aggravated assault by prisoner, Section 76-5-103.5;
666 (F) mayhem, Section 76-5-105;
667 (G) stalking, Subsection 76-5-106.5(2) [
668 (H) threat of terrorism, Section 76-5-107.3;
669 (I) aggravated child abuse, Subsection [
670 (J) commission of domestic violence in the presence of a child, Section [
671 76-5-114;
672 (K) abuse or neglect of a child with a disability, Section 76-5-110;
673 (L) abuse[
674 76-5-111.2, 76-5-111.3, or 76-5-111.4;
675 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
676 (N) criminal homicide offenses under [
677 (O) kidnapping, child kidnapping, and aggravated kidnapping under [
678 5, Part 3, Kidnapping, Trafficking, and Smuggling;
679 (P) rape, Section 76-5-402;
680 (Q) rape of a child, Section 76-5-402.1;
681 (R) object rape, Section 76-5-402.2;
682 (S) object rape of a child, Section 76-5-402.3;
683 (T) forcible sodomy, Section 76-5-403;
684 (U) sodomy on a child, Section 76-5-403.1;
685 (V) forcible sexual abuse, Section 76-5-404;
686 (W) [
687 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3;
688 (X) aggravated sexual assault, Section 76-5-405;
689 (Y) sexual exploitation of a minor, Section 76-5b-201;
690 (Z) sexual exploitation of a vulnerable adult, Section 76-5b-202;
691 (AA) aggravated burglary and burglary of a dwelling under [
692 2, Burglary and Criminal Trespass;
693 (BB) aggravated robbery and robbery under [
694 (CC) theft by extortion under Subsection 76-6-406(2)(a) or (b);
695 (DD) tampering with a witness under Subsection 76-8-508(1);
696 (EE) retaliation against a witness, victim, or informant under Section 76-8-508.3;
697 (FF) tampering with a juror under Subsection 76-8-508.5(2)(c);
698 (GG) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
699 threat or by use of force theft by extortion has been committed pursuant to Subsections
700 76-6-406(2)(a), (b), and (i);
701 (HH) possession, use, or removal of explosive, chemical, or incendiary devices under
702 Subsections 76-10-306(3) through (6);
703 (II) unlawful delivery of explosive, chemical, or incendiary devices under Section
704 76-10-307;
705 (JJ) purchase or possession of a dangerous weapon or handgun by a restricted person
706 under Section 76-10-503;
707 (KK) unlawful discharge of a firearm under Section 76-10-508;
708 (LL) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
709 (MM) bus hijacking under Section 76-10-1504; and
710 (NN) discharging firearms and hurling missiles under Section 76-10-1505; or
711 (ii) any felony violation of a criminal statute of any other state, the United States, or
712 any district, possession, or territory of the United States which would constitute a violent
713 felony as defined in this Subsection (1) if committed in this state.
714 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
715 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
716 under this section, the penalty for a:
717 (a) third degree felony is as if the conviction were for a first degree felony;
718 (b) second degree felony is as if the conviction were for a first degree felony; or
719 (c) first degree felony remains the penalty for a first degree penalty except:
720 (i) the convicted person is not eligible for probation; and
721 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
722 habitual violent offender as an aggravating factor in determining the length of incarceration.
723 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
724 provide notice in the information or indictment that the defendant is subject to punishment as a
725 habitual violent offender under this section. Notice shall include the case number, court, and
726 date of conviction or commitment of any case relied upon by the prosecution.
727 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
728 intends to deny that:
729 (A) the defendant is the person who was convicted or committed;
730 (B) the defendant was represented by counsel or had waived counsel; or
731 (C) the defendant's plea was understandingly or voluntarily entered.
732 (ii) The notice of denial shall be served not later than five days prior to trial and shall
733 state in detail the defendant's contention regarding the previous conviction and commitment.
734 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
735 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
736 of the:
737 (i) defendant's previous convictions for violent felonies, except as otherwise provided
738 in the Utah Rules of Evidence; or
739 (ii) allegation against the defendant of being a habitual violent offender.
740 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
741 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
742 the jury, in which case the allegation shall be tried immediately to the court.
743 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
744 applies.
745 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
746 and the defendant shall be afforded an opportunity to present any necessary additional
747 evidence.
748 (iii) Before sentencing under this section, the trier of fact shall determine whether this
749 section is applicable beyond a reasonable doubt.
750 (d) If any previous conviction and commitment is based upon a plea of guilty or no
751 contest, there is a rebuttable presumption that the conviction and commitment were regular and
752 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
753 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
754 to establish by a preponderance of the evidence that the defendant was then represented by
755 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
756 was understandingly and voluntarily entered.
757 (e) If the trier of fact finds this section applicable, the court shall enter that specific
758 finding on the record and shall indicate in the order of judgment and commitment that the
759 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
760 under this section.
761 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
762 provisions of this section.
763 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
764 Subsection (1)(c) shall include any felony sexual offense violation of [
765 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
766 (6) The sentencing enhancement described in this section does not apply if:
767 (a) the offense for which the person is being sentenced is:
768 (i) a grievous sexual offense;
769 (ii) child kidnapping, Section 76-5-301.1;
770 (iii) aggravated kidnapping, Section 76-5-302; or
771 (iv) forcible sexual abuse, Section 76-5-404; and
772 (b) applying the sentencing enhancement provided for in this section would result in a
773 lower maximum penalty than the penalty provided for under the section that describes the
774 offense for which the person is being sentenced.
775 Section 12. Section 76-3-203.6 is amended to read:
776 76-3-203.6. Enhanced penalty for certain offenses committed by prisoner.
777 (1) As used in this section, "serving a sentence" means a prisoner is sentenced and
778 committed to the custody of the Department of Corrections, the sentence has not been
779 terminated or voided, and the prisoner:
780 (a) has not been paroled; or
781 (b) is in custody after arrest for a parole violation.
782 (2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence
783 for a capital felony or a first degree felony commits any offense listed in Subsection (5), the
784 offense is a first degree felony and the court shall sentence the defendant to life in prison
785 without parole.
786 (3) Notwithstanding Subsection (2), the court may sentence the defendant to an
787 indeterminate prison term of not less than 20 years and that may be for life if the court finds
788 that the interests of justice would best be served and states the specific circumstances justifying
789 the disposition on the record.
790 (4) Subsection (2) does not apply if the prisoner is younger than 18 years [
791 the time the offense listed in Subsection (5) is committed and is sentenced on or after May 10,
792 2016.
793 (5) Offenses referred to in Subsection (2) are:
794 (a) aggravated assault by a prisoner, Section 76-5-103.5;
795 (b) mayhem, Section 76-5-105;
796 (c) attempted murder, Section 76-5-203;
797 (d) kidnapping, Section 76-5-301;
798 (e) child kidnapping, Section 76-5-301.1;
799 (f) aggravated kidnapping, Section 76-5-302;
800 (g) rape, Section 76-5-402;
801 (h) rape of a child, Section 76-5-402.1;
802 (i) object rape, Section 76-5-402.2;
803 (j) object rape of a child, Section 76-5-402.3;
804 (k) forcible sodomy, Section 76-5-403;
805 (l) sodomy on a child, Section 76-5-403.1;
806 (m) aggravated sexual abuse of a child, Section [
807 (n) aggravated sexual assault, Section 76-5-405;
808 (o) aggravated arson, Section 76-6-103;
809 (p) aggravated burglary, Section 76-6-203; and
810 (q) aggravated robbery, Section 76-6-302.
811 (6) The sentencing enhancement described in this section does not apply if:
812 (a) the offense for which the person is being sentenced is:
813 (i) a grievous sexual offense;
814 (ii) child kidnapping, Section 76-5-301.1; or
815 (iii) aggravated kidnapping, Section 76-5-302; and
816 (b) applying the sentencing enhancement provided for in this section would result in a
817 lower maximum penalty than the penalty provided for under the section that describes the
818 offense for which the person is being sentenced.
819 Section 13. Section 76-3-203.7 is amended to read:
820 76-3-203.7. Increase of sentence for violent felony if body armor used.
821 (1) As used in this section:
822 (a) "Body armor" means any material designed or intended to provide bullet
823 penetration resistance or protection from bodily injury caused by a dangerous weapon.
824 (b) "Dangerous weapon" [
825 defined in Section [
826 (c) "Violent felony" [
827 in Section 76-3-203.5.
828 (2) A person convicted of a violent felony may be sentenced to imprisonment for an
829 indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a
830 reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also
831 used or wore body armor, with the intent to facilitate the commission of the violent felony, and
832 the violent felony is:
833 (a) a first degree felony, the court shall sentence the person convicted for a term of not
834 less than six years, and which may be for life;
835 (b) a second degree felony, the court shall sentence the person convicted for a term of
836 not less than two years nor more than 15 years, and the court may sentence the person
837 convicted for a term of not less than two years nor more than 20 years; and
838 (c) a third degree felony, the court shall sentence the person convicted for a term of not
839 less than one year nor more than five years, and the court may sentence the person convicted
840 for a term of not less than one year nor more than 10 years.
841 (3) The sentencing enhancement described in this section does not apply if:
842 (a) the offense for which the person is being sentenced is:
843 (i) a grievous sexual offense;
844 (ii) child kidnapping, Section 76-5-301.1;
845 (iii) aggravated kidnapping, Section 76-5-302; or
846 (iv) forcible sexual abuse, Section 76-5-404; and
847 (b) applying the sentencing enhancement provided for in this section would result in a
848 lower maximum penalty than the penalty provided for under the section that describes the
849 offense for which the person is being sentenced.
850 Section 14. Section 76-3-203.8 is amended to read:
851 76-3-203.8. Increase of sentence if dangerous weapon used.
852 (1) As used in this section, "dangerous weapon" [
853 same as that term is defined in Section [
854 (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was
855 used in the commission or furtherance of a felony, the court:
856 (a) (i) shall increase by one year the minimum term of the sentence applicable by law;
857 and
858 (ii) if the minimum term applicable by law is zero, shall set the minimum term as one
859 year; and
860 (b) may increase by five years the maximum sentence applicable by law in the case of a
861 felony of the second or third degree.
862 (3) A defendant who is a party to a felony offense shall be sentenced to the increases in
863 punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:
864 (a) a dangerous weapon was used in the commission or furtherance of the felony; and
865 (b) the defendant knew that the dangerous weapon was present.
866 (4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced
867 to a term of imprisonment for a felony in which a dangerous weapon was used in the
868 commission of or furtherance of the felony and that person is subsequently convicted of
869 another felony in which a dangerous weapon was used in the commission of or furtherance of
870 the felony, the court shall, in addition to any other sentence imposed including those in
871 Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10
872 years to run consecutively and not concurrently.
873 Section 15. Section 76-3-203.10 is amended to read:
874 76-3-203.10. Violent offense committed in presence of a child -- Penalties.
875 (1) As used in this section:
876 (a) "In the presence of a child" means:
877 (i) in the physical presence of a child younger than 14 years [
878 (ii) having knowledge that the child is present and may see or hear the commission of a
879 violent criminal offense.
880 (b) "Violent criminal offense" means any criminal offense involving violence or
881 physical harm or threat of violence or physical harm, or any attempt to commit a criminal
882 offense involving violence or physical harm that is not a domestic violence offense as defined
883 in Section 77-36-1.
884 (2) A person commits a violent criminal offense in the presence of a child if the
885 person:
886 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,
887 against a third party in the presence of a child;
888 (b) intentionally causes or attempts to cause serious bodily injury to a third party or
889 uses a dangerous weapon, as defined in Section [
890 likely to produce death or serious bodily injury, against a third party in the presence of a child;
891 or
892 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
893 commits a violent criminal offense in the presence of a child.
894 (3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
895 Section 16. Section 76-3-203.13 is amended to read:
896 76-3-203.13. Enhanced penalty for unlawful sexual contact with a student.
897 (1) A person convicted of a sexual offense described in Section 76-5-401.1 or
898 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the
899 sexual offense, the actor:
900 (a) was 18 years [
901 (b) held a position of special trust as a teacher, employee, or volunteer at a school, as
902 that position is defined in Subsection 76-5-404.1(1)[
903 (c) committed the offense against an individual who at the time of the offense was
904 enrolled as a student at the school where the actor was employed or was acting as a volunteer.
905 (2) The enhancement of a penalty described in Subsection (1) shall be an enhancement
906 of one classification higher than the offense of which the person was convicted.
907 Section 17. Section 76-3-406 is amended to read:
908 76-3-406. Crimes for which probation, suspension of sentence, lower category of
909 offense, or hospitalization may not be granted.
910 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
911 Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
912 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
913 suspended, the court may not enter a judgment for a lower category of offense, and
914 hospitalization may not be ordered, the effect of which would in any way shorten the prison
915 sentence for an individual who commits a capital felony or a first degree felony involving:
916 (a) Section 76-5-202, aggravated murder;
917 (b) Section 76-5-203, murder;
918 (c) Section 76-5-301.1, child kidnaping;
919 (d) Section 76-5-302, aggravated kidnaping;
920 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
921 76-5-402(3)(b), (3)(c), or (4);
922 (f) Section 76-5-402.1, rape of a child;
923 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
924 76-5-402.2[
925 (h) Section 76-5-402.3, object rape of a child;
926 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
927 76-5-403(3)(b), (3)(c), or (4);
928 (j) Section 76-5-403.1, sodomy on a child;
929 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
930 Subsection 76-5-404[
931 (l) [
932 a child;
933 (m) Section 76-5-405, aggravated sexual assault; or
934 (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
935 (2) Except for an offense before the district court in accordance with Section 80-6-502
936 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
937 defendant:
938 (a) was under 18 years old at the time of the offense; and
939 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
940 delayed filing of the information.
941 Section 18. Section 76-4-401 is amended to read:
942 76-4-401. Enticing a minor -- Elements -- Penalties.
943 (1) As used in this section:
944 (a) "Minor" means a person who is under the age of 18.
945 (b) "Text messaging" means a communication in the form of electronic text or one or
946 more electronic images sent by the actor from a telephone, computer, or other electronic
947 communication device to another person's telephone, computer, or other electronic
948 communication device by addressing the communication to the person's telephone number or
949 other electronic communication access code or number.
950 (2) (a) A person commits enticement of a minor when the person knowingly uses the
951 Internet or text messaging to solicit, seduce, lure, or entice a minor, or to attempt to solicit,
952 seduce, lure, or entice a minor, or another person that the actor believes to be a minor, to
953 engage in any sexual activity which is a violation of state criminal law.
954 (b) A person commits enticement of a minor when the person knowingly uses the
955 Internet or text messaging to:
956 (i) initiate contact with a minor or a person the actor believes to be a minor; and
957 (ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or written
958 means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the
959 minor or a person the actor believes to be the minor to engage in any sexual activity which is a
960 violation of state criminal law.
961 (3) It is not a defense to the crime of enticing a minor under Subsection (2), or an
962 attempt to commit this offense, that a law enforcement officer or an undercover operative who
963 is employed by a law enforcement agency was involved in the detection or investigation of the
964 offense.
965 (4) Enticement of a minor under Subsection (2)(a) or (b) is punishable as follows:
966 (a) enticement to engage in sexual activity which would be a first degree felony for the
967 actor is a:
968 (i) second degree felony upon the first conviction for violation of this Subsection
969 (4)(a); and
970 (ii) first degree felony punishable by imprisonment for an indeterminate term of not
971 fewer than three years and which may be for life, upon a second or any subsequent conviction
972 for a violation of this Subsection (4)(a);
973 (b) enticement to engage in sexual activity which would be a second degree felony for
974 the actor is a third degree felony;
975 (c) enticement to engage in sexual activity which would be a third degree felony for the
976 actor is a class A misdemeanor;
977 (d) enticement to engage in sexual activity which would be a class A misdemeanor for
978 the actor is a class B misdemeanor; and
979 (e) enticement to engage in sexual activity which would be a class B misdemeanor for
980 the actor is a class C misdemeanor.
981 (5) (a) When a person who commits a felony violation of this section has been
982 previously convicted of an offense under Subsection (5)(b), the court may not in any way
983 shorten the prison sentence, and the court may not:
984 (i) grant probation;
985 (ii) suspend the execution or imposition of the sentence;
986 (iii) enter a judgment for a lower category of offense; or
987 (iv) order hospitalization.
988 (b) The sections referred to in Subsection (5)(a) are:
989 (i) Section 76-4-401, enticing a minor;
990 (ii) Section 76-5-301.1, child kidnapping;
991 (iii) Section 76-5-402, rape;
992 (iv) Section 76-5-402.1, rape of a child;
993 (v) Section 76-5-402.2, object rape;
994 (vi) Section 76-5-402.3, object rape of a child;
995 (vii) Subsection 76-5-403(2), forcible sodomy;
996 (viii) Section 76-5-403.1, sodomy on a child;
997 (ix) Section 76-5-404, forcible sexual abuse;
998 (x) Section 76-5-404.1, sexual abuse of a child and Section 76-5-404.3, aggravated
999 sexual abuse of a child;
1000 (xi) Section 76-5-405, aggravated sexual assault;
1001 (xii) Section 76-5-308.5, human trafficking of a child;
1002 (xiii) any offense in any other state or federal jurisdiction which constitutes or would
1003 constitute a crime in Subsections (5)(b)(i) through (xii); or
1004 (xiv) the attempt, solicitation, or conspiracy to commit any of the offenses in
1005 Subsections (5)(b)(i) through (xiii).
1006 Section 19. Section 76-5-101 is amended to read:
1007
1008 76-5-101. Definitions.
1009 [
1010 Unless otherwise provided, as used in this part:
1011 (1) "Detained individual" means an individual detained under Section 77-7-15.
1012 (2) "Prisoner" means an individual who is in custody of a peace officer pursuant to a
1013 lawful arrest or who is confined in a jail or other penal institution or a facility used for
1014 confinement of delinquent juveniles operated by the Division of Juvenile Justice Services
1015 regardless of whether the confinement is legal.
1016 Section 20. Section 76-5-102 is amended to read:
1017 76-5-102. Assault -- Penalties.
1018 [
1019 (1) Terms defined in Section 76-1-101.5 apply to this section.
1020 (2) An actor commits assault if the actor:
1021 (a) [
1022 [
1023 (b) commits an act, [
1024 (i) causes bodily injury to [
1025 (ii) creates a substantial risk of bodily injury to [
1026 [
1027 [
1028 class A misdemeanor if:
1029 [
1030 [
1031 pregnancy.
1032 (4) [
1033 serious bodily injury to [
1034 Section 21. Section 76-5-102.3 is amended to read:
1035 76-5-102.3. Assault or threat of violence against a school employee.
1036 (1) (a) As used in this section:
1037 (i) "Assault" means an offense under Section 76-5-102.
1038 (ii) "Employee" includes a volunteer.
1039 (iii) "Threat of violence" means an offense under Section 76-5-107.
1040 (b) Terms defined in Section 76-1-101.5 apply to this section.
1041 [
1042 (2) An actor commits assault or threat of violence against a school employee if:
1043 (a) the actor commits assault or a threat of violence [
1044 against an employee of a public or private school[
1045 (b) the actor has knowledge that the individual is an employee[
1046 (c) the employee is acting within the scope of [
1047 employee[
1048 [
1049 (3) A violation of Subsection (2) is a class A misdemeanor.
1050 Section 22. Section 76-5-102.4 is amended to read:
1051 76-5-102.4. Assault against peace officer or a military servicemember in uniform
1052 -- Penalties.
1053 (1) (a) As used in this section:
1054 [
1055 76-5-102.
1056 [
1057 [
1058 uniform as authorized by the member's branch of service; or
1059 [
1060 39-1-9.
1061 [
1062 [
1063 [
1064 [
1065 [
1066 [
1067 under Section 76-5-107.
1068 (b) Terms defined in Section 76-1-101.5 apply to this section.
1069 [
1070
1071 (2) (a) An actor commits assault against a peace officer if:
1072 [
1073 knowledge that the [
1074 (ii) at the time of the assault or threat of violence, the peace officer [
1075 within the scope of authority as a peace officer[
1076 (b) An actor commits an assault or threat of violence against a military servicemember
1077 in uniform [
1078 (i) the actor commits an assault or threat of violence against a military servicemember
1079 in uniform; and
1080 (ii) at the time of the assault or threat of violence, the servicemember [
1081 and acting within the scope of authority granted to the military servicemember in uniform.
1082 (3) (a) A [
1083
1084 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
1085 felony if the actor:
1086 [
1087 of this section; or
1088 [
1089 [
1090 of Subsection (2) is [
1091 [
1092 [
1093 (4) This section does not affect or limit any individual's constitutional right to the
1094 lawful expression of free speech, the right of assembly, or any other recognized rights secured
1095 by the Constitution or laws of Utah or by the Constitution or laws of the United States.
1096 (5) [
1097 correctional facility, a minimum of:
1098 (a) 90 consecutive days for a second offense; and
1099 (b) 180 consecutive days for each subsequent offense.
1100 (6) The court may suspend the imposition or execution of the sentence required under
1101 Subsection (5) if the court finds that the interests of justice would be best served by the
1102 suspension and the court makes specific findings concerning the disposition on the record.
1103 [
1104
1105
1106 Section 23. Section 76-5-102.5 is amended to read:
1107 76-5-102.5. Assault by prisoner.
1108 [
1109 (1) (a) As used in this section, "assault" means an offense under Section 76-5-102.
1110 (b) Terms defined in Section 76-1-101.5 apply to this section.
1111 (2) An actor commits assault by prisoner if the actor:
1112 (a) is a prisoner; and
1113 (b) intending to cause bodily injury, commits an assault.
1114 (3) A violation of Subsection (2) is [
1115 Section 24. Section 76-5-102.6 is amended to read:
1116 76-5-102.6. Propelling object or substance at a correctional or peace officer --
1117 Penalties.
1118 [
1119 same as that term is defined in Section 26-6-2.
1120 (b) Terms defined in Section 76-1-101.5 apply to this section.
1121 (2) An actor commits the offense of propelling an object or substance at a correctional
1122 or peace officer if the actor:
1123 (a) is a prisoner or a detained individual [
1124
1125 (b) throws or otherwise [
1126 correctional officer, or an employee or volunteer, including a health care provider.
1127 [
1128 (3) (a) A violation of Subsection [
1129 [
1130 third degree felony if:
1131 [
1132 correctional officer, or the employee or volunteer, including a health care provider; or
1133 [
1134 [
1135 [
1136 infectious agent;
1137 [
1138 [
1139
1140 hepatitis C; and
1141 [
1142 employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes
1143 into contact with any open wound on the officer's, employee's, volunteer's, or health care
1144 provider's body.
1145 (4) If an offense committed under this section amounts to an offense subject to a
1146 greater penalty under another provision of state law than under this section, this section does
1147 not prohibit prosecution and sentencing for the more serious offense.
1148 Section 25. Section 76-5-102.7 is amended to read:
1149 76-5-102.7. Assault or threat of violence against health care provider or
1150 emergency medical service worker -- Penalty.
1151 (1) (a) As used in this section:
1152 (i) "Assault" means an offense under Section 76-5-102.
1153 (ii) "Emergency medical service worker" means an individual licensed under Section
1154 26-8a-302.
1155 (iii) "Health care provider" means the same as that term is defined in Section
1156 78B-3-403.
1157 (iv) "Threat of violence" means an offense under Section 76-5-107.
1158 (b) Terms defined in Section 76-1-101.5 apply to this section.
1159 [
1160 health care provider or emergency medical service worker [
1161 if:
1162 (a) the [
1163 detained individual;
1164 (b) the actor commits an assault or threat of violence;
1165 [
1166 emergency medical service worker; and
1167 [
1168 emergency or life saving duties within the scope of his or her authority at the time of the assault
1169 or threat of violence.
1170 [
1171 misdemeanor.
1172 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is [
1173 third degree felony if the [
1174 [
1175 [
1176 [
1177 [
1178 [
1179
1180 [
1181
1182 [
1183 Section 26. Section 76-5-102.8 is amended to read:
1184 76-5-102.8. Disarming a peace officer -- Penalties.
1185 (1) (a) As used in this section:
1186 [
1187 disrupt voluntary control of muscles.
1188 [
1189 Section 76-10-501.
1190 (b) Terms defined in Section 76-1-101.5 apply to this section.
1191 (2) An actor [
1192 peace officer if the actor intentionally takes or removes, or attempts to take or remove a firearm
1193 or a conductive energy device from [
1194
1195 (a) without the consent of the peace officer; and
1196 (b) while the peace officer is acting within the scope of [
1197 authority as a peace officer.
1198 (3) (a) [
1199 degree felony.
1200 (b) [
1201 device is a third degree felony.
1202 Section 27. Section 76-5-102.9 is amended to read:
1203 76-5-102.9. Propelling a bodily substance or material -- Penalties.
1204 (1) (a) As used in this section[
1205 (i) "Bodily substance or material" means:
1206 [
1207 [
1208 an infectious agent; or
1209 [
1210 (ii) "Infectious agent" means the same as that term is defined in Section 26-6-2.
1211 (b) Terms defined in Section 76-1-101.5 apply to this section.
1212 (2) [
1213 actor knowingly or intentionally throws or otherwise propels [
1214 material [
1215
1216 (3) (a) A violation of [
1217 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
1218 misdemeanor if [
1219 [
1220 [
1221 [
1222 other [
1223 open wound on the other [
1224 (4) If an offense committed under this section amounts to an offense subject to a
1225 greater penalty under another provision of state law than under this section, this section does
1226 not prohibit prosecution and sentencing for the more serious offense.
1227 Section 28. Section 76-5-103 is amended to read:
1228 76-5-103. Aggravated assault -- Penalties.
1229 [
1230 [
1231 (1) (a) As used in this section, "targeting a law enforcement officer" means the same as
1232 that term is defined in Section 76-5-202.
1233 (b) Terms defined in Section 76-1-101.5 apply to this section.
1234 (2) An actor commits aggravated assault if the actor:
1235 (a) (i) [
1236 another;
1237 (ii) makes a threat, accompanied by a show of immediate force or violence, to do
1238 bodily injury to another; or
1239 (iii) commits an act, committed with unlawful force or violence, that causes bodily
1240 injury to another or creates a substantial risk of bodily injury to another; and
1241 (b) [
1242 (i) a dangerous weapon [
1243 (ii) any act that impedes the breathing or the circulation of blood of another [
1244 individual by the actor's use of unlawful force or violence that is likely to produce a loss of
1245 consciousness by:
1246 (A) applying pressure to the neck or throat of [
1247 (B) obstructing the nose, mouth, or airway of [
1248 (iii) other means or force likely to produce death or serious bodily injury.
1249 [
1250 is a third degree felony[
1251
1252 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
1253 felony if:
1254 (i) the act results in serious bodily injury; or
1255 (ii) an act under Subsection [
1256 [
1257
1258 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
1259 degree felony if the conduct constitutes targeting a law enforcement officer and results in
1260 serious bodily injury.
1261 Section 29. Section 76-5-103.5 is amended to read:
1262 76-5-103.5. Aggravated assault by prisoner.
1263 [
1264 [
1265 Section 76-5-103.
1266 (b) Terms defined in Section 76-1-101.5 apply to this section.
1267 (2) An actor commits aggravated assault by prisoner if the actor:
1268 (a) is a prisoner; and
1269 (b) commits aggravated assault.
1270 (3) (a) A violation of Subsection (2) is a second degree felony[
1271
1272 [
1273 degree felony if serious bodily injury was intentionally caused.
1274 Section 30. Section 76-5-104 is amended to read:
1275 76-5-104. Consensual altercation.
1276 (1) As used in this section, "ultimate fighting match" means the same as that term is
1277 defined in Section 76-9-705.
1278 (2) In any prosecution for criminal homicide under Part 2, Criminal Homicide, or
1279 assault as that offense is described in Section 76-5-102, it is no defense to the prosecution that
1280 the defendant was a party to any duel, mutual combat, or other consensual altercation if during
1281 the course of the duel, combat, or altercation:
1282 (a) any dangerous weapon [
1283 (b) the defendant was engaged in an ultimate fighting match [
1284
1285 Section 31. Section 76-5-105 is amended to read:
1286 76-5-105. Mayhem.
1287 (1) Terms defined in Section 76-1-101.5 apply to this section.
1288 [
1289 intentionally:
1290 (a) deprives [
1291
1292 (b) disables or renders [
1293 (c) cuts out or disables [
1294 (d) puts out an individual's eye[
1295 (e) slits [
1296 [
1297 (3) A violation of Subsection (2) is a second degree felony.
1298 Section 32. Section 76-5-106 is amended to read:
1299 76-5-106. Harassment.
1300 [
1301 (1) Terms defined in Section 76-1-101.5 apply to this section.
1302 (2) An actor commits harassment if, with intent to frighten or harass another, [
1303 actor communicates a written or recorded threat to commit [
1304 [
1305 Section 33. Section 76-5-106.5 is amended to read:
1306 76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
1307 enforcement officer.
1308 (1) (a) As used in this section:
1309 [
1310 [
1311 [
1312 threatens, or communicates to or about [
1313 an individual's property:
1314 [
1315 [
1316 [
1317 engage in any of these acts:
1318 [
1319 [
1320 individual's employer or coworkers;
1321 [
1322 individual's neighbors, or enters property owned, leased, or occupied by [
1323 individual;
1324 [
1325 obtaining or disseminating information about or communicating with the [
1326 a member of the [
1327 associate of the [
1328 [
1329 occupied by [
1330 the intent that the object be delivered to the [
1331 [
1332 to commit an act that is a part of the course of conduct.
1333 [
1334 whether or not medical or other professional treatment or counseling is required.
1335 [
1336 [
1337 household within the prior six months.
1338 [
1339 circumstances.
1340 [
1341 [
1342 one or more electronic images sent by the actor from a telephone or computer to another
1343 [
1344 recipient's telephone number.
1345 (b) Terms defined in Section 76-1-101.5 apply to this section.
1346 (2) [
1347 intentionally or knowingly:
1348 (a) engages in a course of conduct directed at a specific [
1349 or should know that the course of conduct would cause a reasonable person:
1350 [
1351 individual; or
1352 [
1353 [
1354 (b) violates:
1355 [
1356 Injunctions; or
1357 [
1358 Part 9, Criminal Stalking Injunctions.
1359 [
1360 [
1361 [
1362 [
1363
1364
1365 [
1366 (3) (a) A violation of Subsection (2) is a class A misdemeanor:
1367 [
1368 [
1369 Chapter 7, Part 7, Civil Stalking Injunctions.
1370 [
1371 third degree felony if the [
1372 [
1373 [
1374 substantially similar to the offense of stalking;
1375 [
1376 in another jurisdiction which if committed in Utah would be a felony, in which the victim of
1377 the stalking offense or a member of the victim's immediate family was also a victim of the
1378 previous felony offense;
1379 [
1380 Chapter 7, Part 9, Criminal Stalking Injunctions; or
1381 [
1382 78B-7-102, of the victim.
1383 [
1384 (2) is a second degree felony if the [
1385 [
1386 or force likely to produce death or serious bodily injury, in the commission of the crime of
1387 stalking;
1388 [
1389 [
1390 of offenses that are substantially similar to the offense of stalking;
1391 [
1392 Subsection [
1393 [
1394 of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be
1395 felonies, in which the victim of the stalking was also a victim of the previous felony offenses;
1396 or
1397 [
1398 (3)(b)(iv) or (v).
1399 (4) In a prosecution under this section, it is not a defense that the actor:
1400 (a) was not given actual notice that the course of conduct was unwanted; or
1401 (b) did not intend to cause the victim fear or other emotional distress.
1402 (5) An offense of stalking may be prosecuted under this section in any jurisdiction
1403 where one or more of the acts that is part of the course of conduct was initiated or caused an
1404 effect on the victim.
1405 [
1406 [
1407 (b) This section does not preclude the filing of criminal information for stalking based
1408 on the same act which is the basis for the violation of the stalking injunction issued under Title
1409 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent criminal stalking injunction
1410 issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
1411 [
1412 use all reasonable means to protect the victim and prevent further violence, including:
1413 (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
1414 the safety of the victim and any family or household member;
1415 (ii) confiscating the weapon or weapons involved in the alleged stalking;
1416 (iii) making arrangements for the victim and any child to obtain emergency housing or
1417 shelter;
1418 (iv) providing protection while the victim removes essential personal effects;
1419 (v) arranging, facilitating, or providing for the victim and any child to obtain medical
1420 treatment; and
1421 (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
1422 of the rights of victims and of the remedies and services available to victims of stalking, in
1423 accordance with Subsection [
1424 (b) (i) A law enforcement officer shall give written notice to the victim in simple
1425 language, describing the rights and remedies available under this section and Title 78B,
1426 Chapter 7, Part 7, Civil Stalking Injunctions.
1427 (ii) The written notice shall also include:
1428 (A) a statement that the forms needed in order to obtain a stalking injunction are
1429 available from the court clerk's office in the judicial district where the victim resides or is
1430 temporarily domiciled; and
1431 (B) a list of shelters, services, and resources available in the appropriate community,
1432 together with telephone numbers, to assist the victim in accessing any needed assistance.
1433 (c) If a weapon is confiscated under this Subsection [
1434 agency shall return the weapon to the individual from whom the weapon is confiscated if a
1435 stalking injunction is not issued or once the stalking injunction is terminated.
1436 Section 34. Section 76-5-107 is amended to read:
1437 76-5-107. Threat of violence -- Penalty.
1438 (1) Terms defined in Section 76-1-101.5 apply to this section.
1439 [
1440 [
1441 death, or substantial property damage[
1442 (B) acts with intent to place [
1443 injury, substantial bodily injury, or death; or
1444 [
1445 violence, to do bodily injury to [
1446 (b) A threat under this section may be express or implied.
1447 [
1448 (b) An actor who commits an offense under this section is subject to punishment for
1449 that offense, in addition to any other offense committed, including the carrying out of the
1450 threatened act.
1451 (c) In addition to any other penalty authorized by law, a court shall order an actor
1452 convicted of a violation of this section to reimburse any federal, state, or local unit of
1453 government, or any private business, organization, individual, or entity for all expenses and
1454 losses incurred in responding to the violation, unless the court states on the record the reasons
1455 why the reimbursement would be inappropriate.
1456 [
1457 or was incapable of carrying out the threat.
1458 [
1459 [
1460
1461
1462 [
1463
1464
1465
1466
1467 Section 35. Section 76-5-107.1 is amended to read:
1468 76-5-107.1. Threats against schools.
1469 (1) (a) As used in this section[
1470 (i) "Hoax weapon of mass destruction" means the same as that term is defined in
1471 Section 76-10-401.
1472 (ii) "School" means a preschool or a public or private elementary or secondary school.
1473 (b) Terms defined in Section 76-1-101.5 apply to this section.
1474 (2) An [
1475 actor threatens in person or via electronic means, either with real intent or as an intentional
1476 hoax, to commit any offense involving bodily injury, death, or substantial property damage[
1477 and the actor:
1478 (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction[
1479
1480 (b) acts with intent to:
1481 (i) disrupt the regular schedule of the school or influence or affect the conduct of
1482 students, employees, or the general public at the school;
1483 (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
1484 facility or vehicle used by the school; or
1485 (iii) intimidate or coerce students or employees of the school; or
1486 (c) causes an official or volunteer agency organized to deal with emergencies to take
1487 action due to the risk to the school or general public.
1488 (3) (a) (i) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
1489 [
1490 [
1491 [
1492
1493 [
1494
1495 [
1496
1497
1498
1499
1500
1501 (b) (i) In addition to any other penalty authorized by law, a court shall order an actor
1502 convicted of a violation of this section to pay restitution to any federal, state, or local unit of
1503 government, or any private business, organization, individual, or entity for expenses and losses
1504 incurred in responding to the threat, unless the court states on the record the reasons why the
1505 reimbursement would be inappropriate.
1506 (ii) Restitution ordered in the case of a minor adjudicated for a violation of this section
1507 shall be determined in accordance with Section 80-6-710.
1508 (4) It is not a defense to this section that the actor did not attempt to carry out or was
1509 incapable of carrying out the threat.
1510 [
1511 agency.
1512 (b) If the [
1513 may be referred to the juvenile court.
1514 (6) Counseling for the minor and the minor's family may be made available through
1515 state and local health department programs.
1516 Section 36. Section 76-5-107.3 is amended to read:
1517 76-5-107.3. Threat of terrorism -- Penalty.
1518 (1) (a) As used in this section:
1519 (i) "Hoax weapon of mass destruction" means the same as that term is defined in
1520 Section 76-10-401.
1521 (ii) "Weapon of mass destruction" means the same as that term is defined in Section
1522 76-10-401.
1523 (b) Terms defined in Section 76-1-101.5 apply to this section.
1524 [
1525 threatens to commit [
1526 damage[
1527 [
1528
1529 [
1530
1531 [
1532 [
1533 of a government or a unit of government;
1534 [
1535 place to which the public has access, or a facility or vehicle of public transportation operated by
1536 a common carrier; or
1537 [
1538 take action due to the [
1539 general public.
1540 (b) A threat under this section may be express or implied.
1541 [
1542 a second degree felony.
1543 [
1544 [
1545 (b) An actor who commits an offense under this section is subject to punishment for
1546 that offense, in addition to any other offense committed, including the carrying out of the
1547 threatened act.
1548 (c) In addition to any other penalty authorized by law, a court shall order an actor
1549 convicted of a violation of this section to reimburse any federal, state, or local unit of
1550 government, or any private business, organization, individual, or entity for all expenses and
1551 losses incurred in responding to the violation, unless the court states on the record the reasons
1552 why the reimbursement would be inappropriate.
1553 [
1554 carry out or was incapable of carrying out the threat.
1555 [
1556 [
1557
1558
1559 [
1560
1561
1562
1563
1564 Section 37. Section 76-5-107.5 is amended to read:
1565 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
1566 (1) Terms defined in Section 76-1-101.5 apply to this section.
1567 [
1568 intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:
1569 (a) (i) endangers the mental or physical health or safety of [
1570 (ii) involves any brutality of a physical nature such as whipping, beating, branding,
1571 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
1572 exposure to the elements;
1573 (iii) involves consumption of any food, alcoholic product, drug, or other substance or
1574 any other physical activity that endangers the mental or physical health and safety of an
1575 individual; or
1576 (iv) involves any activity that would subject the individual to extreme mental stress,
1577 such as sleep deprivation, extended isolation from social contact, or conduct that subjects
1578 another to extreme embarrassment, shame, or humiliation; and
1579 (b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in,
1580 or as a condition for continued membership in any organization; or
1581 (ii) if the actor knew that the [
1582 membership with a school team or school organization to which the actor belongs or did
1583 belong within the preceding two years.
1584 [
1585
1586 [
1587 (3) (a) A violation of Subsection (2) is a class B misdemeanor [
1588
1589 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
1590 misdemeanor if the act involves:
1591 (i) the operation or other use of a motor vehicle;
1592 (ii) the consumption of an alcoholic product as defined in Section 32B-1-102; or
1593 (iii) the consumption of a drug or a substance as defined in Section 76-5-113[
1594 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a third
1595 degree felony if the act involves the use of a dangerous weapon [
1596
1597 (d) Notwithstanding Subsection (3)(a), (b), or (c), a violation of Subsection (2) is a
1598 third degree felony if the hazing results in serious bodily injury to [
1599 (e) Notwithstanding Subsection (3)(a), (b), (c), or (d), a violation of Subsection (2) is a
1600 second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon
1601 [
1602 (4) (a) A person who in good faith reports or participates in reporting of an alleged
1603 hazing is not subject to any civil or criminal liability regarding the reporting.
1604 (b) It is not a defense to prosecution of hazing that an individual under 21 years old,
1605 against whom the hazing was directed, consented to or acquiesced in the hazing activity.
1606 (5) (a) This section does not apply to military training or other official military
1607 activities.
1608 (b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.
1609 (6) (a) A prosecution under this section does not bar a prosecution of the actor for:
1610 (i) any other offense for which the actor may be liable as a party for conduct committed
1611 by the [
1612 (ii) any offense, caused in the course of the hazing, that the actor commits against the
1613 [
1614 (b) Under Subsection (6)(a)(i) [
1615 the hazing offense and the conduct committed by the [
1616 (c) Under Subsection (6)(a)(ii) [
1617 and for the other offense, but shall be punished for the offense carrying the greater maximum
1618 penalty.
1619 Section 38. Section 76-5-108 is amended to read:
1620 76-5-108. Violation of protective order.
1621 [
1622 (2) An actor commits violation of protective order if the actor:
1623 (a) is the respondent or defendant subject to a protective order, child protective order,
1624 ex parte protective order, [
1625 under [
1626 (i) Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence
1627 Protection Orders Act;
1628 (ii) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
1629 (iii) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
1630 (iv) Title 80, Utah Juvenile Code; and
1631 (b) intentionally or knowingly violates that order after having been properly served or
1632 having been present, in person or through court video conferencing, when the order was
1633 issued[
1634 (3) A violation of Subsection (2) is [
1635 greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act[
1636 [
1637 [
1638 [
1639 [
1640
1641 [
1642 violence offense under Section 77-36-1 and subject to increased penalties in accordance with
1643 Section 77-36-1.1.
1644 Section 39. Section 76-5-109 is amended to read:
1645 76-5-109. Child abuse.
1646 (1) (a) As used in this section:
1647 [
1648 than 18 years [
1649 [
1650 [
1651 [
1652
1653 [
1654 [
1655 [
1656 [
1657 [
1658 [
1659 [
1660
1661 [
1662 [
1663 [
1664
1665 [
1666
1667 [
1668 [
1669 physical condition of the child, including:
1670 [
1671 [
1672 [
1673 [
1674 that is not a serious physical injury [
1675 [
1676 that:
1677 [
1678 [
1679 [
1680 [
1681 [
1682 [
1683 [
1684 blows, shaking, or causing the child's head to impact with an object or surface;
1685 [
1686 hot object upon the skin or body of the child;
1687 [
1688
1689 [
1690 person, either at the same time or on different occasions;
1691 [
1692 [
1693 developmental delay or intellectual disability, or severe impairment of the child's ability to
1694 function;
1695 [
1696 impairment of the function of a bodily member, limb, or organ;
1697 [
1698 pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to
1699 produce a loss of consciousness;
1700 [
1701 jeopardizes the child's life; or
1702 [
1703 unlawfully causing any deprivation of oxygen to the brain.
1704 (b) Terms defined in Section 76-1-101.5 apply to this section.
1705 [
1706
1707
1708 [
1709 [
1710 [
1711 [
1712 (a) inflicts upon a child physical injury [
1713 (b) having the care or custody of such child, causes or permits another to inflict
1714 physical injury upon a child [
1715 (3) (a) A violation of Subsection (2) is a class A misdemeanor if done intentionally or
1716 knowingly[
1717 (b) A violation of Subsection (2) is a class B misdemeanor if done recklessly[
1718
1719 (c) A violation of Subsection (2) is a class C misdemeanor if done with criminal
1720 negligence[
1721 [
1722
1723
1724 [
1725 [
1726 [
1727 [
1728 [
1729
1730
1731
1732 [
1733
1734 [
1735 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1736 practices of an established church or religious denomination of which the parent or legal
1737 guardian is a member or adherent [
1738 committed an offense under this section.
1739 [
1740 treatment option for [
1741 reasonable parent or guardian would believe to be in the best interest of the child.
1742 [
1743 that constitutes:
1744 [
1745 privileges;
1746 [
1747 [
1748 [
1749 [
1750 [
1751 [
1752 described in Subsections [
1753 Section 40. Section 76-5-109.2 is enacted to read:
1754 76-5-109.2. Aggravated child abuse.
1755 (1) (a) As used in this section:
1756 (i) "Child" means the same as that term is defined in Section 76-5-109.
1757 (ii) "Serious physical injury" means the same as that term is defined in Section
1758 76-5-109.
1759 (b) Terms defined in Section 76-1-101.5 apply to this section.
1760 (2) An actor commits aggravated child abuse if the actor:
1761 (a) inflicts upon a child serious physical injury; or
1762 (b) having the care or custody of such child, causes or permits another to inflict serious
1763 physical injury upon a child.
1764 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
1765 knowingly.
1766 (b) A violation of Subsection (2) is a third degree felony if done recklessly.
1767 (c) A violation of Subsection (2) is a class A misdemeanor if done with criminal
1768 negligence.
1769 (4) (a) A parent or legal guardian who provides a child with treatment by spiritual
1770 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1771 practices of an established church or religious denomination of which the parent or legal
1772 guardian is a member or adherent may not, for that reason alone, be considered to have
1773 committed an offense under this section.
1774 (b) A parent or guardian of a child does not violate this section by selecting a treatment
1775 option for the medical condition of the child, if the treatment option is one that a reasonable
1776 parent or guardian would believe to be in the best interest of the child.
1777 (c) An actor is not guilty of an offense under this section for conduct that constitutes:
1778 (i) conduct described in Section 76-2-401; or
1779 (ii) the use of reasonable and necessary physical restraint or force on a child:
1780 (A) in self-defense;
1781 (B) in defense of others;
1782 (C) to protect the child; or
1783 (D) to remove a weapon in the possession of a child for any of the reasons described in
1784 Subsections (4)(c)(ii)(A) through (C).
1785 Section 41. Section 76-5-109.3 is enacted to read:
1786 76-5-109.3. Child abandonment.
1787 (1) (a) As used in this section:
1788 (i) "Child" means the same as that term is defined in Section 76-5-109.
1789 (ii) "Enterprise" means the same as that term is defined in Section 76-10-1602.
1790 (iii) "Serious physical injury" means the same as that term is defined in Section
1791 76-5-109.
1792 (b) Terms defined in Section 76-1-101.5 apply to this section.
1793 (2) (a) Except as provided in Subsection (4), an actor commits child abandonment if
1794 the actor:
1795 (i) is a parent or legal guardian of a child, and:
1796 (A) intentionally ceases to maintain physical custody of the child;
1797 (B) intentionally fails to make reasonable arrangements for the safety, care, and
1798 physical custody of the child; and
1799 (C) (I) intentionally fails to provide the child with food, shelter, or clothing;
1800 (II) manifests an intent to permanently not resume physical custody of the child; or
1801 (III) for a period of at least 30 days, intentionally fails to resume physical custody of
1802 the child and fails to manifest a genuine intent to resume physical custody of the child; or
1803 (ii) encourages or causes the parent or legal guardian of a child to violate Subsection
1804 (2)(a)(i).
1805 (b) Except as provided in Subsection (4), an enterprise commits child abandonment if
1806 the enterprise encourages, commands, or causes another to violate Subsection (2)(a).
1807 (3) (a) (i) A violation of Subsection (2) is a third degree felony.
1808 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
1809 degree felony if, as a result of the child abandonment:
1810 (A) the child suffers a serious physical injury; or
1811 (B) the actor or enterprise receives, directly or indirectly, any benefit.
1812 (b) (i) In addition to the penalty described in Subsection (3)(a)(ii), the court may order
1813 the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of investigating and
1814 prosecuting the offense and the costs of securing any forfeiture provided for under Subsection
1815 (3)(b)(ii).
1816 (ii) Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is subject
1817 to criminal or civil forfeiture pursuant to Title 24, Forfeiture and Disposition of Property Act.
1818 (4) (a) A parent or legal guardian who provides a child with treatment by spiritual
1819 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1820 practices of an established church or religious denomination of which the parent or legal
1821 guardian is a member or adherent may not, for that reason alone, be considered to have
1822 committed an offense under this section.
1823 (b) An actor is not guilty of an offense under this section for conduct that constitutes:
1824 (i) the safe relinquishment of a child pursuant to the provisions of Section 62A-4a-802;
1825 (ii) giving legal consent to a court order for termination of parental rights:
1826 (A) in a legal adoption proceeding; or
1827 (B) in a case in which a petition for the termination of parental rights, or the
1828 termination of a guardianship, has been filed;
1829 (iii) reasonable discipline or management of a child, including withholding privileges;
1830 or
1831 (iv) conduct described in Section 76-2-401.
1832 Section 42. Section 76-5-110 is amended to read:
1833 76-5-110. Abuse or neglect of a child with a disability.
1834 (1) (a) As used in this section:
1835 [
1836 [
1837 [
1838 another to inflict physical injury[
1839 [
1840 [
1841 [
1842 custody a child with a disability; or
1843 [
1844 court order the responsibility to provide food, shelter, clothing, medical, and other necessities
1845 to a child with a disability.
1846 [
1847 who is impaired because of mental illness, mental deficiency, physical illness or disability, or
1848 other cause, to the extent that the [
1849 individual's own personal safety or to provide necessities such as food, shelter, clothing, and
1850 medical care.
1851 [
1852 shelter, supervision, or medical care.
1853 (v) "Physical injury" means the same as that term is defined in Section 76-5-109.
1854 (b) Terms defined in Section 76-1-101.5 apply to this section.
1855 (2) [
1856 if the actor is a caretaker and intentionally, knowingly, or recklessly abuses or neglects a child
1857 with a disability [
1858 (3) A violation of Subsection (2) is a third degree felony.
1859 [
1860 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1861 practices of an established church or religious denomination of which the parent or legal
1862 guardian is a member or adherent [
1863 violation under this section.
1864 (b) Subject to Section 80-3-109, the exception under Subsection [
1865 preclude a court from ordering medical services from a physician licensed to engage in the
1866 practice of medicine to be provided to the child where there is substantial risk of harm to the
1867 child's health or welfare if the treatment is not provided.
1868 (c) A caretaker of a child with a disability does not violate this section by selecting a
1869 treatment option for a medical condition of a child with a disability, if the treatment option is
1870 one that a reasonable caretaker would believe to be in the best interest of the child with a
1871 disability.
1872 Section 43. Section 76-5-111 is amended to read:
1873 76-5-111. Abuse of a vulnerable adult -- Penalties.
1874 (1) (a) As used in this section:
1875 [
1876 desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable
1877 adult without the means or ability to obtain necessary food, clothing, shelter, or medical or
1878 other health care.
1879 [
1880 [
1881 intentionally or knowingly placing another in fear of imminent harm;
1882 [
1883 [
1884 isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a
1885 physician's orders or used as an unauthorized substitute for treatment, unless that conduct
1886 furthers the health and safety of the vulnerable adult; or
1887 [
1888 [
1889 [
1890 [
1891
1892 [
1893 assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing,
1894 supervision, medical or other health care, or other necessities for pecuniary gain, by contract, or
1895 as a result of friendship, or in a position of trust and confidence with a vulnerable adult,
1896 including a relative, a household member, an attorney-in-fact, a neighbor, a person who is
1897 employed or who provides volunteer work, a court-appointed or voluntary guardian, or a
1898 person who contracts or is under court order to provide care.
1899 [
1900 [
1901 [
1902
1903 [
1904 [
1905
1906 [
1907
1908 [
1909 a physical or mental impairment that restricts the individual's ability to carry out normal
1910 activities or to protect the individual's rights.
1911 [
1912 disabilities or whose physical or mental capacity has substantially diminished because of age.
1913 [
1914 [
1915 [
1916
1917 [
1918 psychological damage, physical injury, suffering, or distress inflicted knowingly or
1919 intentionally.
1920 [
1921 [
1922 that the individual fully understands the potential risks and benefits of the withdrawal of food,
1923 water, medication, medical services, shelter, cooling, heating, or other services necessary to
1924 maintain minimum physical or mental health, and that the individual desires that the services
1925 be withdrawn, except that a written expression is valid only if the individual is of sound mind
1926 when the consent is given, and the consent is witnessed by at least two individuals who do not
1927 benefit from the withdrawal of services; or
1928 [
1929 cooling, heating, or other services necessary to maintain minimum physical or mental health, as
1930 permitted by court order.
1931 [
1932
1933
1934 [
1935 adult from having contact with another person, unless the restriction of personal rights is
1936 authorized by court order, by:
1937 [
1938 initiating interaction with others, including receiving or inviting visitors, mail, or telephone
1939 calls, contrary to the express wishes of the vulnerable adult, or communicating to a visitor that
1940 the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing
1941 that communication to be false;
1942 [
1943 adult from meeting with a visitor; or
1944 [
1945 induce the vulnerable adult to refuse to receive communication from visitors or other family
1946 members.
1947 [
1948 [
1949 vulnerable adult; or
1950 [
1951 other professional advisor of the vulnerable adult.
1952 [
1953
1954
1955
1956
1957 [
1958 [
1959 personal care, or dental or other health care, or failure to provide protection from health and
1960 safety hazards or maltreatment;
1961 [
1962 and with the degree of care that a reasonable person in a like position would exercise;
1963 [
1964 consent, resulting in deprivation of food, water, medication, health care, shelter, cooling,
1965 heating, or other services necessary to maintain the vulnerable adult's well being;
1966 [
1967 results or could result in physical injury or physical harm; or
1968 [
1969 [
1970 nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to
1971 be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that
1972 the tissue cannot be restored to a sound and healthy condition.
1973 [
1974 impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a
1975 bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any
1976 other physical condition that imperils the health or welfare of the vulnerable adult and is not a
1977 serious physical injury as defined in this section.
1978 [
1979 [
1980 [
1981 [
1982 court-appointed or voluntary guardian, trustee, attorney, attorney-in-fact, or conservator; or
1983 [
1984 [
1985 injuries that:
1986 [
1987 [
1988 [
1989 adult; or
1990 [
1991 [
1992 [
1993
1994 [
1995 [
1996
1997 [
1998 [
1999 mental or physical impairment which substantially affects that individual's ability to:
2000 [
2001 [
2002 care;
2003 [
2004 [
2005 [
2006 [
2007 abuse, neglect, or exploitation.
2008 [
2009
2010
2011
2012
2013
2014 [
2015 [
2016 [
2017 (b) Terms defined in Section 76-1-101.5 apply to this section.
2018 [
2019 adult if the actor, under circumstances other than those likely to produce death or serious
2020 physical injury[
2021
2022 (a) causes a vulnerable adult to suffer harm, abuse, or neglect[
2023 (b) having the care or custody of a vulnerable adult, causes or permits that vulnerable
2024 adult's person or health to be injured, abused, or neglected[
2025 (c) causes or permits a vulnerable adult to be placed in a situation [
2026 the vulnerable adult's person or health is endangered[
2027
2028 (3) (a) A violation of Subsection (2):
2029 (i) is a class A misdemeanor if done intentionally or knowingly[
2030
2031 (ii) is a class B misdemeanor if done recklessly[
2032
2033 (iii) is a class C misdemeanor if done with criminal negligence[
2034
2035 (b) [
2036 Subsection (2) that is based on isolation of a vulnerable adult is a third degree felony.
2037 [
2038
2039
2040 [
2041
2042 [
2043
2044 [
2045
2046 [
2047
2048 [
2049
2050 [
2051
2052 [
2053 [
2054 [
2055
2056 [
2057 [
2058
2059 [
2060 [
2061
2062 [
2063 [
2064 [
2065 [
2066
2067 [
2068 [
2069
2070 [
2071 [
2072 [
2073
2074
2075 [
2076
2077 [
2078 [
2079 [
2080
2081 [
2082 [
2083 [
2084 [
2085
2086 [
2087
2088
2089
2090
2091
2092 [
2093
2094
2095
2096
2097 [
2098
2099 [
2100
2101 [
2102
2103 [
2104
2105 [
2106
2107 [
2108
2109
2110 [
2111 [
2112 [
2113 this section that the [
2114 [
2115 reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in
2116 lieu of medical care.
2117 [
2118 willfully isolating a vulnerable adult, in addition to the penalties under Subsection [
2119 the court may require that the [
2120 (a) undergo appropriate counseling as a condition of the sentence; and
2121 (b) pay for the costs of the ordered counseling.
2122 Section 44. Section 76-5-111.2 is enacted to read:
2123 76-5-111.2. Aggravated abuse of a vulnerable adult -- Penalties.
2124 (1) (a) As used in this section, "abuse," "caretaker," "isolation," "neglect", "serious
2125 physical injury," and "vulnerable adult" all mean the same as those terms are defined in Section
2126 76-5-111.
2127 (b) Terms defined in Section 76-1-101.5 apply to this section.
2128 (2) An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if
2129 the actor, under a circumstance likely to produce death or serious physical injury:
2130 (a) causes a vulnerable adult to suffer serious physical injury;
2131 (b) having the care or custody of a vulnerable adult, causes or permits the vulnerable
2132 adult's person or health to be injured; or
2133 (c) causes or permits a vulnerable adult to be placed in a situation in which the
2134 vulnerable adult's person or health is endangered.
2135 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
2136 knowingly.
2137 (b) A violation of Subsection (2) is a third degree felony if done recklessly.
2138 (c) A violation of Subsection (2) is a class A misdemeanor if done with criminal
2139 negligence.
2140 (4) (a) It does not constitute a defense to a prosecution for a violation of this section
2141 that the actor did not know the age of the vulnerable adult.
2142 (b) An adult is not considered abused, neglected, or a vulnerable adult for the reason
2143 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
2144 medical care.
2145 (5) If an actor, including a caretaker, violates this section by willfully isolating a
2146 vulnerable adult, in addition to the penalties under Subsection (3), the court may require that
2147 the actor:
2148 (a) undergo appropriate counseling as a condition of the sentence; and
2149 (b) pay for the costs of the ordered counseling.
2150 Section 45. Section 76-5-111.3 is enacted to read:
2151 76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
2152 (1) (a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and
2153 "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
2154 (b) Terms defined in Section 76-1-101.5 apply to this section.
2155 (2) Except as provided in Subsection (4), an actor commits personal dignity
2156 exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and
2157 intentionally, knowingly, or recklessly:
2158 (a) creates, transmits, or displays a photographic or electronic image or recording of the
2159 vulnerable adult:
2160 (i) to which creation, transmission, or display a reasonable person would not consent;
2161 and
2162 (ii) (A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or
2163 pubic area;
2164 (B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus,
2165 genitals, or pubic area; or
2166 (C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or
2167 physical health or safety of the vulnerable adult; or
2168 (b) causes the vulnerable adult to participate in an act that is highly offensive or
2169 demeaning to the vulnerable adult:
2170 (i) in which a reasonable person would not participate; or
2171 (ii) that is harmful to the mental or physical health or safety of the vulnerable adult.
2172 (3) (a) (i) A violation of Subsection (2) is a class A misdemeanor if done intentionally
2173 or knowingly.
2174 (ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
2175 (b) (i) It is a separate offense under Subsection (2)(a) for each vulnerable adult
2176 included in a photographic or electronic image or recording created, transmitted, or displayed
2177 in violation of Subsection (2)(a).
2178 (ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to
2179 participate in an act in violation of Subsection (2)(b).
2180 (4) (a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits,
2181 or displays the photographic or electronic image or recording:
2182 (i) with the consent of the vulnerable adult, if the vulnerable adult:
2183 (A) is mentally and physically able to give voluntary consent to the creation,
2184 transmission, or display; and
2185 (B) gives voluntary consent for the creation, transmission, or display;
2186 (ii) for a legitimate purpose relating to monitoring or providing care, treatment, or
2187 diagnosis; or
2188 (iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
2189 (b) A caretaker does not violate Subsection (2)(b) if:
2190 (i) the vulnerable adult:
2191 (A) is mentally and physically able to give voluntary consent to participate in the act;
2192 and
2193 (B) gives voluntary consent to participate in the act; or
2194 (ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate
2195 purpose relating to:
2196 (A) monitoring or providing care, treatment, or diagnosis; or
2197 (B) investigating abuse, neglect, or exploitation.
2198 (5) (a) It is not a defense that the vulnerable adult was unaware of:
2199 (i) the creation, transmission, or display prohibited under Subsection (2)(a); or
2200 (ii) participation in the act, or the nature of participation in the act, under Subsection
2201 (2)(b).
2202 (b) It does not constitute a defense to a prosecution for a violation of this section that
2203 the actor did not know the age of the vulnerable adult.
2204 Section 46. Section 76-5-111.4 is enacted to read:
2205 76-5-111.4. Financial exploitation of a vulnerable adult -- Penalties.
2206 (1) (a) As used in this section:
2207 (i) "Abuse" means the same as that term is defined in Section 76-5-111.
2208 (ii) "Business relationship" means a relationship between two or more individuals or
2209 entities where there exists an oral or written agreement for the exchange of goods or services.
2210 (iii) "Deception" means:
2211 (A) a misrepresentation or concealment:
2212 (I) of a material fact relating to services rendered, disposition of property, or use of
2213 property intended to benefit a vulnerable adult;
2214 (II) of the terms of a contract or agreement entered into with a vulnerable adult; or
2215 (III) relating to the existing or preexisting condition of any property involved in a
2216 contract or agreement entered into with a vulnerable adult; or
2217 (B) the use or employment of any misrepresentation, false pretense, or false promise in
2218 order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.
2219 (iv) "Endeavor" means to attempt or try.
2220 (v) "Intimidation" means communication conveyed through verbal or nonverbal
2221 conduct that threatens deprivation of money, food, clothing, medicine, shelter, social
2222 interaction, supervision, health care, or companionship, or that threatens isolation or harm.
2223 (vi) "Isolation" means the same as that term is defined in Section 76-5-111.
2224 (vii) "Lacks capacity to consent" means an impairment by reason of mental illness,
2225 developmental disability, organic brain disorder, physical illness or disability, chronic use of
2226 drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a
2227 vulnerable adult lacks sufficient understanding of the nature or consequences of decisions
2228 concerning the vulnerable adult's person or property.
2229 (viii) "Neglect" means the same as that term is defined in Section 76-5-111.
2230 (ix) "Undue influence" occurs when a person:
2231 (A) uses influence to take advantage of a vulnerable adult's mental or physical
2232 impairment; or
2233 (B) uses the person's role, relationship, or power:
2234 (I) to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or
2235 fear of a vulnerable adult; or
2236 (II) to gain control deceptively over the decision making of the vulnerable adult.
2237 (x) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.
2238 (b) Terms defined in Section 76-1-101.5 apply to this section.
2239 (2) An actor commits the offense of financial exploitation of a vulnerable adult if the
2240 actor:
2241 (a) is in a position of trust and confidence, or has a business relationship, with the
2242 vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception
2243 or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds,
2244 credit, assets, or other property with the intent to temporarily or permanently deprive the
2245 vulnerable adult of the use, benefit, or possession of the vulnerable adult's property, for the
2246 benefit of someone other than the vulnerable adult;
2247 (b) knows or should know that the vulnerable adult lacks the capacity to consent, and
2248 obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or
2249 endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to
2250 temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the
2251 vulnerable adult's property for the benefit of someone other than the vulnerable adult;
2252 (c) unjustly or improperly uses or manages the resources of a vulnerable adult for the
2253 profit or advantage of someone other than the vulnerable adult;
2254 (d) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship
2255 for the profit or advantage of someone other than the vulnerable adult; or
2256 (e) involves a vulnerable adult who lacks the capacity to consent in the facilitation or
2257 furtherance of any criminal activity.
2258 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
2259 knowingly and the aggregate value of the resources used or the profit made is or exceeds
2260 $5,000.
2261 (b) A violation of Subsection (2) is a third degree felony if done intentionally or
2262 knowingly and the aggregate value of the resources used or the profit made is less than $5,000
2263 or cannot be determined.
2264 (c) A violation of Subsection (2) is a class A misdemeanor if done recklessly.
2265 (d) A violation of Subsection (2) is a class B misdemeanor if done with criminal
2266 negligence.
2267 (4) It does not constitute a defense to a prosecution for a violation of this section that
2268 the actor did not know the age of the vulnerable adult.
2269 Section 47. Section 76-5-112 is amended to read:
2270 76-5-112. Reckless endangerment -- Penalty.
2271 (1) Terms defined in Section 76-1-101.5 apply to this section.
2272 [
2273 not amounting to a felony offense, the [
2274 a substantial risk of death or serious bodily injury to another [
2275 [
2276 misdemeanor.
2277 Section 48. Section 76-5-112.5 is amended to read:
2278 76-5-112.5. Endangerment of a child or vulnerable adult.
2279 (1) (a) As used in this section:
2280 [
2281 [
2282 controlled substance;
2283 [
2284 or
2285 [
2286 substance.
2287 [
2288 [
2289 [
2290 equipment.
2291 [
2292 [
2293 58-37-2.
2294 [
2295 58-37a-3.
2296 [
2297 [
2298 [
2299 [
2300 [
2301 [
2302 production of a controlled substance.
2303 [
2304 [
2305
2306 [
2307 [
2308
2309 (b) Terms defined in Section 76-1-101.5 apply to this section.
2310 (2) An actor commits endangerment of a child or vulnerable adult if the actor
2311 knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to,
2312 inhale, ingest, or have contact with a controlled substance, chemical substance, or drug
2313 paraphernalia[
2314 [
2315
2316 (3) (a) A violation of Subsection (2) is a third degree felony.
2317 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
2318 felony if:
2319 (i) the [
2320 (ii) as a result of the conduct described in Subsection (2)[
2321 vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury[
2322 [
2323 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
2324 degree felony if:
2325 (i) the [
2326 (ii) as a result of the conduct described in Subsection (2)[
2327 vulnerable adult dies.
2328 [
2329 delinquency proceedings for a violation of Subsection (2) unless:
2330 [
2331 [
2332 controlled substance, chemical substance, or drug paraphernalia, is under 12 years old.
2333 [
2334 substance:
2335 [
2336 61a, Utah Medical Cannabis Act; and
2337 [
2338 lawfully prescribed or recommended to under Title 26, Chapter 61a, Utah Medical Cannabis
2339 Act.
2340 (5) The penalties described in this section are separate from, and in addition to, the
2341 penalties and enhancements described in Title 58, Occupations and Professions.
2342 (6) If an offense committed under this section amounts to an offense subject to a
2343 greater penalty under another provision of state law, this section does not prohibit prosecution
2344 and sentencing for the more serious offense.
2345 Section 49. Section 76-5-113 is amended to read:
2346 76-5-113. Surreptitious administration of certain substances -- Definitions --
2347 Penalties -- Defenses.
2348 (1) (a) As used in this section:
2349 [
2350 inhalation, ingestion, or by any other means.
2351 [
2352 the same as that term is defined in Section 32B-1-102.
2353 [
2354 [
2355 term is defined in Section 58-37-2.
2356 [
2357 likely cause bodily injury.
2358 (v) "Health care provider" means the same as that term is defined in Section 26-23a-1.
2359 [
2360 serious bodily injury or death.
2361 [
2362 is defined in Section 58-17b-102.
2363 [
2364 term is defined in Section 19-2-115.
2365 [
2366 deleterious substance [
2367 (b) Terms defined in Section 76-1-101.5 apply to this section.
2368 (2) [
2369
2370 actor, surreptitiously or by means of fraud, deception, or misrepresentation, [
2371
2372 (a) any poisonous, deleterious, or controlled substance; or
2373 (b) any alcoholic beverage.
2374 (3) A violation of Subsection (2) is:
2375 (a) a second degree felony if the substance is a poisonous substance, regardless of
2376 whether the substance is a controlled substance or a prescription drug;
2377 (b) a third degree felony if the substance is not within the scope of Subsection (3)(a),
2378 and is a controlled substance or a prescription drug; [
2379 (c) a class A misdemeanor if the substance is a deleterious substance or an alcoholic
2380 beverage.
2381 (4) (a) It is an affirmative defense to a prosecution under Subsection (2) that the actor:
2382 (i) provided the appropriate administration of a prescription drug; and
2383 (ii) acted on the reasonable belief that the actor's conduct was in the best interest of the
2384 well-being of the [
2385 (b) (i) The defendant shall file and serve on the prosecuting attorney a notice in writing
2386 of the defendant's intention to claim a defense under Subsection (4)(a) not fewer than 20 days
2387 before the trial.
2388 (ii) The notice shall specifically identify the factual basis for the defense and the names
2389 and addresses of the witnesses the defendant proposes to examine to establish the defense.
2390 (c) (i) The prosecuting attorney shall file and serve the defendant with a notice
2391 containing the names and addresses of the witnesses the prosecutor proposes to examine in
2392 order to contradict or rebut the defendant's claim of an affirmative defense under Subsection
2393 (4)(a).
2394 (ii) This notice shall be filed or served not more than 10 days after receipt of the
2395 defendant's notice under Subsection (4)(b), or at another time as the court may direct.
2396 (d) (i) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c)
2397 entitles the opposing party to a continuance to allow for preparation.
2398 (ii) If the court finds that a party's failure to comply is the result of bad faith, it may
2399 impose appropriate sanctions.
2400 (5) (a) This section does not diminish the scope of authorized health care by a health
2401 care provider [
2402 (b) Conduct in violation of Subsection (2) may also constitute a separate offense.
2403 Section 50. Section 76-5-114, which is renumbered from Section 76-5-109.1 is
2404 renumbered and amended to read:
2405 [
2406 a child.
2407 (1) (a) As used in this section:
2408 [
2409 in Section 78B-7-102.
2410 (ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).
2411 [
2412 is defined in Section 77-36-1.
2413 [
2414 [
2415 [
2416 domestic violence.
2417 (b) Terms defined in Section 76-1-101.5 apply to this section.
2418 (2) [
2419 [
2420 (a) commits or attempts to commit a criminal homicide[
2421
2422 (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
2423 weapon[
2424 serious bodily injury against a cohabitant, in the presence of a child; or
2425 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
2426 commits an act of domestic violence in the presence of a child.
2427 (3) (a) [
2428 third degree felony.
2429 (b) [
2430 misdemeanor.
2431 (4) (a) A charge under this section is separate and distinct from, and is in addition to, a
2432 charge of domestic violence [
2433 (b) Either or both charges may be filed by the prosecutor.
2434 (5) [
2435 child is present is guilty of one offense of domestic violence in the presence of a child
2436 regarding each child present when the violation occurred.
2437 Section 51. Section 76-5-201 is amended to read:
2438 76-5-201. Criminal homicide -- Designations of offenses -- Exceptions --
2439 Application of consensual altercation defense.
2440 [
2441
2442
2443
2444 [
2445
2446 [
2447
2448 (1) (a) As used in this section:
2449 (i) "Abortion" means the same as that term is defined in Section 76-7-301.
2450 (ii) "Criminal homicide" means an act causing the death of another human being,
2451 including an unborn child at any stage of the unborn child's development.
2452 (b) The terms defined in Section 76-1-101.5 apply to this section.
2453 (2) The following are criminal homicide:
2454 (a) aggravated murder;
2455 (b) murder;
2456 (c) manslaughter;
2457 (d) child abuse Ŝ→ homicide ←Ŝ ;
2458 Ŝ→ [
2459 (f)
2460 Ŝ→ [
2461 Ŝ→ [
2462 [
2463 homicide [
2464 (a) the death of an unborn child is caused by an abortion;
2465 (b) the sole reason for the death of [
2466 [
2467 [
2468 [
2469 [
2470 [
2471
2472 (c) a woman causes the death of her own unborn child, and the death:
2473 [
2474 [
2475 (4) The provisions governing a defense of a consensual altercation as described in
2476 Section 76-5-104 apply to this part.
2477 Section 52. Section 76-5-202 is amended to read:
2478 76-5-202. Aggravated murder -- Penalties -- Affirmative defense and special
2479 mitigation -- Separate offense.
2480 [
2481
2482 [
2483 (1) (a) As used in this section:
2484 (i) "Correctional officer" means the same as that term is defined in Section 53-13-104.
2485 (ii) "Emergency responder" means the same as that term is defined in Section
2486 53-2b-102.
2487 (iii) "Federal officer" means the same as that term is defined in Section 53-13-106.
2488 (iv) "Law enforcement officer" means the same as that term is defined in Section
2489 53-13-103.
2490 (v) "Peace officer" means:
2491 (A) a correctional officer, federal officer, law enforcement officer, or special function
2492 officer; or
2493 (B) any other person who may exercise peace officer authority in accordance with Title
2494 53, Chapter 13, Peace Officer Classifications.
2495 (vi) "Special function officer" means the same as that term is defined in Section
2496 53-13-105.
2497 (vii) "Target a law enforcement officer" means an act:
2498 (A) involving the unlawful use of force and violence against a law enforcement officer;
2499 (B) that causes serious bodily injury or death; and
2500 (C) that is in furtherance of political or social objectives in order to intimidate or
2501 coerce a civilian population or to influence or affect the conduct of a government or a unit of
2502 government.
2503 (viii) "Weapon of mass destruction" means the same as that term is defined in Section
2504 76-10-401.
2505 (b) Terms defined in Section 76-1-101.5 apply to this section.
2506 (2) (a) An actor commits aggravated murder if the actor intentionally or knowingly
2507 causes the death of another individual under any of the following circumstances:
2508 (i) the actor committed homicide while confined in a jail or other correctional
2509 institution;
2510 [
2511 one act, scheme, course of conduct, or criminal episode during which two or more [
2512 individuals other than the actor were killed[
2513
2514 (B) the actor, during commission of the homicide, attempted to kill one or more other
2515 individuals in addition to the deceased individual;
2516 [
2517 individual other than the [
2518 [
2519 course of conduct, or criminal episode during which the actor committed or attempted to
2520 commit aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child,
2521 forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child,
2522 aggravated sexual abuse of a child, aggravated child abuse as [
2523 [
2524 aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping;
2525 [
2526 course of conduct, or criminal episode during which the actor committed the crime of abuse or
2527 desecration of a dead human body as [
2528 [
2529 preventing an arrest of the [
2530 under color of legal authority or for the purpose of effecting the [
2531 actor's or another individual's escape from lawful custody;
2532 [
2533 [
2534 to commit the homicide [
2535 promise of remuneration for commission of the homicide;
2536 [
2537 [
2538 [
2539 [
2540 [
2541 [
2542 would be a violation of a crime listed in this Subsection [
2543 [
2544 [
2545 [
2546 [
2547 [
2548 [
2549 [
2550 [
2551 [
2552 [
2553 [
2554 [
2555 [
2556 [
2557 [
2558 [
2559 [
2560 [
2561 [
2562 state would be a violation of a crime listed in this Subsection [
2563 [
2564 [
2565 [
2566 proceedings or official investigation;
2567 [
2568 in any legal proceedings or official investigation; or
2569 [
2570 laws;
2571 [
2572 public official, or a candidate for public office, and the homicide is based on, is caused by, or is
2573 related to that official position, act, capacity, or candidacy;
2574 [
2575 homicide is based on, is caused by, or is related to the [
2576 and the actor knew, or reasonably should have known, that the [
2577 holds or has held the position of:
2578 [
2579
2580 (A) a peace officer;
2581 [
2582 [
2583 ambulance personnel, or any other emergency responder [
2584 [
2585 [
2586 personal property, real property, or the life and well-being of human or animal life in the area
2587 of the offense;
2588 [
2589 [
2590 similar device which was planted, hidden, or concealed in any place, area, dwelling, building,
2591 or structure, or was mailed or delivered;
2592 [
2593
2594 [
2595 [
2596 assuming control of [
2597 force with intent to:
2598 (A) obtain any valuable consideration for the release of the public conveyance or any
2599 passenger, crew member, or any other person aboard[
2600 (B) direct the route or movement of the public conveyance; or
2601 (C) otherwise exert control over the public conveyance;
2602 [
2603 administration of a poison or of any lethal substance or of any substance administered in a
2604 lethal amount, dosage, or quantity;
2605 [
2606 as a shield, hostage, or for ransom;
2607 [
2608 atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by
2609 physical torture, serious physical abuse, or serious bodily injury of the [
2610 individual before death;
2611 [
2612 individual's body, whether before or after death, in a manner demonstrating the actor's
2613 depravity of mind; or
2614 [
2615 deceased individual:
2616 [
2617 [
2618 [
2619 (b) An actor commits aggravated murder if the actor, with reckless indifference to
2620 human life, causes the death of another individual incident to an act, scheme, course of
2621 conduct, or criminal episode during which the actor is a major participant in the commission or
2622 attempted commission of:
2623 [
2624 Subsection [
2625 [
2626 [
2627 [
2628 [
2629 [
2630 (3) (a) If a notice of intent to seek the death penalty has been filed, [
2631 a violation of Subsection (2) is a capital felony.
2632 (b) If a notice of intent to seek the death penalty has not been filed, aggravated murder
2633 is a noncapital first degree felony punishable as provided in Section 76-3-207.7.
2634 (c) (i) Within 60 days after arraignment of the defendant, the prosecutor may file notice
2635 of intent to seek the death penalty.
2636 (ii) The notice shall be served on the defendant or defense counsel and filed with the
2637 court.
2638 [
2639 60 days after the arraignment upon written stipulation of the parties or upon a finding by the
2640 court of good cause.
2641 (d) Without the consent of the prosecutor, the court may not accept a plea of guilty to
2642 noncapital first degree felony aggravated murder during the period in which the prosecutor may
2643 file a notice of intent to seek the death penalty under Subsection (3)(c)(i).
2644 (e) If the defendant was younger than 18 years [
2645 committed, aggravated murder is a noncapital first degree felony punishable as provided in
2646 Section 76-3-207.7.
2647 (f) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
2648 aggravated murder, or alternatively, attempted aggravated murder, as described in this section,
2649 are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is
2650 established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the
2651 court shall enter a judgment of conviction as follows:
2652 (i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
2653 enter a judgment of conviction for murder; or
2654 (ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
2655 court shall enter a judgment of conviction for attempted murder.
2656 (4) (a) It is an affirmative defense to a charge of aggravated murder or attempted
2657 aggravated murder that the [
2658 the death of another under a reasonable belief that the circumstances provided a legal
2659 justification or excuse for the conduct although the conduct was not legally justifiable or
2660 excusable under the existing circumstances.
2661 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
2662 the viewpoint of a reasonable person under the then existing circumstances.
2663 [
2664 [
2665 [
2666 (c) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
2667 aggravated murder, or alternatively, attempted aggravated murder, as described in this section,
2668 are proved beyond a reasonable doubt, and also finds Ŝ→ [
2668a the ←Ŝ
2669 affirmative defense described in this Subsection (4) is not disproven beyond a reasonable
2670 doubt, the court shall enter a judgment of conviction as follows:
2671 (i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
2672 enter a judgment of conviction for murder; or
2673 (ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
2674 court shall enter a judgment of conviction for attempted murder.
2675 (5) (a) Any aggravating circumstance described in Subsection [
2676 constitutes a separate offense does not merge with the crime of aggravated murder.
2677 (b) [
2678 aggravating circumstance described in Subsection [
2679 offense, may also be convicted of, and punished for, the separate offense.
2680 Section 53. Section 76-5-203 is amended to read:
2681 76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
2682 Separate offenses.
2683 (1) (a) As used in this section, "predicate offense" means:
2684 [
2685 [
2686 when the [
2687 [
2688 [
2689 [
2690 (vi) rape under Section 76-5-402;
2691 [
2692 (viii) object rape under Section 76-5-402.2;
2693 [
2694 (x) forcible sodomy under Section 76-5-403;
2695 [
2696 [
2697 [
2698 76-5-404.1;
2699 [
2700 [
2701 [
2702 (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
2703 [
2704 [
2705 [
2706 [
2707 [
2708 [
2709 [
2710 [
2711 [
2712 of a firearm or dangerous weapon.
2713 (b) Terms defined in Section 76-1-101.5 apply to this section.
2714 (2) [
2715 (a) the actor intentionally or knowingly causes the death of another individual;
2716 (b) intending to cause serious bodily injury to another individual, the actor commits an
2717 act clearly dangerous to human life that causes the death of [
2718 (c) acting under circumstances evidencing a depraved indifference to human life, the
2719 actor knowingly engages in conduct [
2720 individual and thereby causes the death of [
2721 (d) (i) the actor is engaged in the commission, attempted commission, or immediate
2722 flight from the commission or attempted commission of any predicate offense, or is a party to
2723 the predicate offense;
2724 (ii) [
2725 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight
2726 from the commission or attempted commission of any predicate offense; and
2727 (iii) the actor acted with the intent required as an element of the predicate offense;
2728 (e) the actor recklessly causes the death of a peace officer or military service member
2729 in uniform while in the commission or attempted commission of:
2730 (i) an assault against a peace officer under Section 76-5-102.4;
2731 (ii) interference with a peace officer while making a lawful arrest under Section
2732 76-8-305 if the actor uses force against [
2733 (iii) an assault against a military service member in uniform under Section 76-5-102.4;
2734 or
2735 (f) the actor commits a homicide [
2736 offense is reduced [
2737 [
2738
2739 (3) (a) (i) [
2740 [
2741 imprisonment for an indeterminate term of not less than 15 years and which may be for life.
2742 (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
2743 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
2744 doubt, and also finds that the existence of special mitigation is established by a preponderance
2745 of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
2746 conviction as follows:
2747 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
2748 judgment of conviction for manslaughter; or
2749 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
2750 notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of
2751 conviction for attempted manslaughter.
2752 (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
2753 defendant caused the death of another individual or attempted to cause the death of another
2754 individual under a reasonable belief that the circumstances provided a legal justification or
2755 excuse for the conduct although the conduct was not legally justifiable or excusable under the
2756 existing circumstances.
2757 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
2758 the viewpoint of a reasonable person under the then existing circumstances.
2759 [
2760 [
2761 [
2762 (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
2763 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
2764 doubt, and also finds Ŝ→ [
2764a described in
2765 this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment
2766 of conviction as follows:
2767 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
2768 judgment of conviction for manslaughter; or
2769 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
2770 enter a judgment of conviction for attempted manslaughter.
2771 (5) (a) Any predicate offense [
2772 offense does not merge with the crime of murder.
2773 (b) [
2774 [
2775 punished for, the separate offense.
2776 Section 54. Section 76-5-205 is amended to read:
2777 76-5-205. Manslaughter -- Penalties.
2778 (1) (a) As used in this section:
2779 [
2780 [
2781 treatment procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care
2782 Directive Act, or any other laws of this state.
2783 [
2784 authorized by law to administer, dispense, distribute, or prescribe medications or procedures in
2785 the course of professional practice.
2786 [
2787 (b) Terms defined in Section 76-1-101.5 apply to this section.
2788 (2) Except as provided in Subsection (5), [
2789
2790 (a) recklessly causes the death of another individual;
2791 (b) intentionally, and with knowledge that another individual intends to commit suicide
2792 or attempt to commit suicide, aids the [
2793 (c) commits a homicide which would be murder, but the offense is reduced [
2794
2795 [
2796 (3) [
2797 (4) (a) In addition to the penalty described under this section or any other section,[
2798
2799 defendant's driver license revoked under Section 53-3-220 if the death of another individual
2800 results from driving a motor vehicle.
2801 (b) The court shall forward the report of the conviction resulting from driving a motor
2802 vehicle to the Driver License Division in accordance with Section 53-3-218.
2803 (5) (a) A practitioner does not violate Subsection (2)(b) if the practitioner provides
2804 medication or a procedure to treat an individual's illness or relieve an individual's pain or
2805 discomfort, regardless of whether the medication or procedure may hasten or increase the risk
2806 of death to the individual to whom the practitioner provides the medication or procedure[
2807
2808 (b) Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the
2809 practitioner intentionally and knowingly provides the medication or procedure to aid the
2810 individual to commit suicide or attempt to commit suicide.
2811 Section 55. Section 76-5-205.5 is amended to read:
2812 76-5-205.5. Special mitigation for mental illness or provocation -- Burden of
2813 proof -- Charge reduction.
2814 (1) (a) As used in this section:
2815 [
2816 shock, or grief that:
2817 [
2818 [
2819 and restraint.
2820 [
2821 [
2822 [
2823 [
2824 (b) The terms defined in Section 76-1-101.5 apply to this section.
2825 (2) Special mitigation exists when a defendant causes the death of another individual or
2826 attempts to cause the death of another individual:
2827 (a) (i) under circumstances that are not legally justified, but the defendant acts under a
2828 delusion attributable to a mental illness;
2829 (ii) the nature of the delusion is such that, if the facts existed as the defendant believed
2830 them to be in the delusional state, those facts would provide a legal justification for the
2831 defendant's conduct; and
2832 (iii) the defendant's actions, in light of the delusion, are reasonable from the objective
2833 viewpoint of a reasonable person; or
2834 (b) except as provided in Subsection (4), under the influence of extreme emotional
2835 distress that is predominantly caused by the victim's highly provoking act immediately
2836 preceding the defendant's actions.
2837 (3) A defendant who is under the influence of voluntarily consumed, injected, or
2838 ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense
2839 may not claim mitigation of the offense under Subsection (2)(a) on the basis of mental illness if
2840 the alcohol or substance causes, triggers, or substantially contributes to the defendant's mental
2841 illness.
2842 (4) A defendant may not claim special mitigation under Subsection (2)(b) if:
2843 (a) the time period after the victim's highly provoking act and before the defendant's
2844 actions was long enough for an objectively reasonable person to have recovered from the
2845 extreme emotional distress;
2846 (b) the defendant responded to the victim's highly provoking act by inflicting serious or
2847 substantial bodily injury on the victim over a prolonged period, or by inflicting torture on the
2848 victim, regardless of whether the victim was conscious during the infliction of serious or
2849 substantial bodily injury or torture; or
2850 (c) the victim's highly provoking act, described in Subsection (2)(b), is comprised of
2851 words alone.
2852 [
2853
2854
2855
2856 [
2857 [
2858 [
2859
2860 [
2861 [
2862
2863 [
2864
2865
2866 [
2867
2868 [
2869
2870 (5) If the trier of fact finds that the elements of aggravated murder, attempted
2871 aggravated murder, murder, or attempted murder are proven beyond a reasonable doubt, and
2872 also finds that the existence of special mitigation under this section is established by a
2873 preponderance of the evidence, the court shall enter a judgment of conviction in accordance
2874 with Subsection 76-5-202(3)(f)(i), 76-5-202(3)(f)(ii), 76-5-203(3)(b)(i), or 76-5-203(3)(b)(ii),
2875 respectively.
2876 (6) If the issue of special mitigation is submitted to the trier of fact, the trier of fact
2877 shall return a special verdict at the same time as the general verdict, indicating whether it finds
2878 special mitigation.
2879 (7) (a) If a jury is the trier of fact, a unanimous vote of the jury is required to find
2880 special mitigation under this section.
2881 (b) If the jury unanimously finds that the elements of an offense described in
2882 Subsection (5) are proven beyond a reasonable doubt, and finds special mitigation by a
2883 unanimous vote, the jury shall return a general verdict finding the defendant guilty of the
2884 charged crime and a special verdict indicating special mitigation.
2885 (c) If the jury unanimously finds that the elements of an offense described in
2886 Subsection (5) are proven beyond a reasonable doubt but finds by a unanimous vote that
2887 special mitigation is not established, or if the jury is unable to unanimously agree that special
2888 mitigation is established, the jury shall convict the defendant of the greater offense for which
2889 the prosecution proves all the elements beyond a reasonable doubt.
2890 [
2891
2892 [
2893
2894 [
2895
2896
2897 Section 56. Section 76-5-206 is amended to read:
2898 76-5-206. Negligent homicide -- Penalties.
2899 (1) Definitions of terms in Section 76-1-101.5 apply to this section.
2900 [
2901 negligent homicide if the actor, acting with criminal negligence, causes the death of another
2902 individual.
2903 [
2904 [
2905 [
2906 defendant's driver license revoked under Section 53-3-220 if the death of another [
2907 individual results from driving a motor vehicle.
2908 (b) The court shall forward the report of the conviction to the Driver License Division
2909 in accordance with Section 53-3-218.
2910 Section 57. Section 76-5-207 is amended to read:
2911 76-5-207. Automobile homicide -- Penalties -- Evidence.
2912 (1) (a) As used in this section:
2913 (i) "Criminally negligent" means the same as that term is described in Subsection
2914 76-2-103(4).
2915 [
2916 [
2917 [
2918 [
2919 the human body, can impair the ability of [
2920 vehicle.
2921 [
2922 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
2923 [
2924 (iv) "Negligent" means simple negligence, the failure to exercise that degree of care
2925 that reasonable and prudent persons exercise under like or similar circumstances.
2926 (b) Terms defined in Section 76-1-101.5 apply to this section.
2927 (2) An actor commits automobile homicide if the actor:
2928 (a) operates a motor vehicle in a negligent or criminally negligent manner causing the
2929 death of another individual; and[
2930 (b) (i) has sufficient alcohol in [
2931 shows that the [
2932 greater at the time of the test;
2933 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
2934 and any drug to a degree that renders the [
2935 or
2936 (iii) has a blood or breath alcohol concentration of .05 grams or greater at the time of
2937 operation.
2938 [
2939
2940 [
2941
2942
2943 [
2944
2945
2946 [
2947
2948
2949 [
2950
2951 [
2952
2953 [
2954
2955 (3) (a) (i) A violation of Subsection (2) is a third degree felony if the actor operated a
2956 motor vehicle in a negligent manner.
2957 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
2958 degree felony if the actor operated the motor vehicle in a criminally negligent manner.
2959 (iii) Notwithstanding Subsection (3)(a)(i) or (ii), a violation of Subsection (2) is a
2960 second degree felony if:
2961 (A) the actor operated a motor vehicle in a negligent manner; and
2962 (B) conviction for the violation is subsequent to a conviction as defined in Subsection
2963 41-6a-501(2)(a).
2964 (b) An actor is guilty of a separate offense for each individual other than the actor
2965 suffering bodily injury or serious bodily injury, whether or not the injuries arise from the same
2966 episode of driving, as a result of the actor's violation of Section 41-6a-502 or death as a result
2967 of the actor's violation of this section.
2968 (4) The fact that an actor charged with violating this section is or has been legally
2969 entitled to use alcohol or a drug is not a defense.
2970 [
2971 41-6a-515 and the provisions for the admissibility of chemical test results as provided by
2972 Section 41-6a-516 apply to determination and proof of blood alcohol content under this
2973 section.
2974 [
2975 be made in accordance with Subsection 41-6a-502(1).
2976 [
2977
2978 [
2979 admissible except when prohibited by Rules of Evidence or the constitution.
2980 [
2981
2982
2983
2984 Section 58. Section 76-5-207.5 is amended to read:
2985 76-5-207.5. Automobile homicide involving a handheld wireless communication
2986 device while driving.
2987 (1) (a) As used in this section:
2988 [
2989 that term is described in Subsection 76-2-103(4).
2990 [
2991 the same as that term is defined in Section 41-6a-1716.
2992 [
2993 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
2994 [
2995 care that reasonable and prudent persons exercise under like or similar circumstances.
2996 [
2997 (b) Terms defined in Section 76-1-101.5 apply to this section.
2998 (2) An actor commits automobile homicide if the actor:
2999 (a) operates a moving motor vehicle:
3000 (i) (A) in a negligent manner[
3001 (B) in a criminally negligent manner; and
3002 [
3003 41-6a-1716; and
3004 (b) [
3005 [
3006
3007 [
3008
3009 [
3010 (3) (a) A violation of Subsection (2)(a)(i)(A) is a third degree felony.
3011 (b) A violation of Subsection (2)(a)(i)(B) is a second degree felony.
3012 Section 59. Section 76-5-208 is amended to read:
3013 76-5-208. Child abuse homicide -- Penalties.
3014 [
3015
3016 (1) (a) As used in this section, "child abuse" means an offense described in Sections
3017 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.
3018 (b) Terms defined in Section 76-1-101.5 apply to this section.
3019 (2) Unless a violation amounts to aggravated murder as described in Section 76-5-202,
3020 an actor commits child abuse homicide if:
3021 (a) (i) the actor causes the death of [
3022 than 18 years [
3023 (ii) the individual's death results from child abuse[
3024
3025 [
3026 76-5-109.2(3)(b);
3027 [
3028 [
3029 [
3030 described in Subsection [
3031 recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
3032 [
3033 (2)(b)(i) is a first degree felony.
3034 [
3035 (b) A violation of Subsection (2)(b)(ii) or (iii) is a second degree felony.
3036 Section 60. Section 76-5-209 is amended to read:
3037 76-5-209. Homicide by assault -- Penalty.
3038 (1) Terms defined in Section 76-1-101.5 apply to this section.
3039 [
3040 amounting to aggravated murder, murder, or manslaughter[
3041 (a) the actor causes the death of another individual; and
3042 (b) the actor causes the other individual's death while intentionally or knowingly
3043 attempting, with unlawful force or violence, to do bodily injury to [
3044 individual.
3045 [
3046 Section 61. Section 76-5-301 is amended to read:
3047 76-5-301. Kidnapping.
3048 (1) (a) As used in this section:
3049 (i) "Against the will of an individual" includes without the consent of the legal
3050 guardian, caretaker, or custodian of an individual who is a dependent adult.
3051 (ii) "Dependent adult" means the same as that term is defined in Section 76-5-111.
3052 (iii) "Minor" means an individual who is 14 years old or older but younger than 18
3053 years old.
3054 (b) Terms defined in Section 76-1-101.5 apply to this section.
3055 [
3056 authority of law, and against the will of [
3057 (a) detains or restrains the [
3058 (b) detains or restrains the [
3059 individual to risk of bodily injury;
3060 (c) holds the [
3061 (d) detains or restrains a minor without the consent of the minor's parent or legal
3062 guardian or the consent of a person acting in loco parentis[
3063
3064 (e) moves the [
3065 [
3066
3067
3068 (3) [
3069 Section 62. Section 76-5-301.1 is amended to read:
3070 76-5-301.1. Child kidnapping.
3071 (1) (a) As used in this section, "child" means an individual under 14 years old.
3072 (b) Terms defined in Section 76-1-101.5 apply to this section.
3073 [
3074 without authority of law, and by any means and in any manner, seizes, confines, detains, or
3075 transports a child [
3076 guardian, or the consent of a person acting in loco parentis.
3077 [
3078 (3) [
3079 [
3080 (4) An actor convicted of a violation of this section shall be sentenced to imprisonment
3081 of:
3082 (a) except as provided in Subsection [
3083 15 years and which may be for life;
3084 (b) except as provided in Subsection [
3085 trier of fact finds that during the course of the commission of the child kidnapping the
3086 [
3087 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3088 child kidnapping the [
3089 [
3090 that a lesser term than the term described in Subsection [
3091 justice and states the reasons for this finding on the record, the court may impose a term of
3092 imprisonment of not less than:
3093 (a) for purposes of Subsection [
3094 (b) for purposes of Subsection [
3095 (i) 10 years and which may be for life; or
3096 (ii) six years and which may be for life.
3097 [
3098 sentenced under Subsection [
3099 [
3100 younger than 18 years [
3101 [
3102 76-3-406.
3103 (9) A violation of Section 76-5-303 is not a violation of this section.
3104 Section 63. Section 76-5-302 is amended to read:
3105 76-5-302. Aggravated kidnapping.
3106 (1) (a) As used in this section, "in the course of committing unlawful detention or
3107 kidnapping" means in the course of committing, attempting to commit, or in the immediate
3108 flight after the attempt or commission of a violation of:
3109 (i) Section 76-5-301, kidnapping; or
3110 (ii) Section 76-5-304, unlawful detention.
3111 (b) Terms defined in Section 76-1-101.5 apply to this section.
3112 [
3113 committing unlawful detention or kidnapping:
3114 (a) uses or threatens to use a dangerous weapon [
3115 (b) acts with the intent to:
3116 (i) [
3117 third person to engage in particular conduct or to forbear from engaging in particular conduct;
3118 (ii) [
3119 attempted commission of a felony;
3120 (iii) [
3121 (iv) [
3122 (v) [
3123 (vi) [
3124 Offenses.
3125 [
3126
3127
3128 [
3129 [
3130 [
3131 committing unlawful detention is a third degree felony.
3132 [
3133 committing kidnapping is a first degree felony [
3134 (4) An actor convicted of a violation of Subsection (3)(b) shall be sentenced to
3135 imprisonment of:
3136 (a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and
3137 which may be for life;
3138 (b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact
3139 finds that during the course of the commission of the aggravated kidnapping the defendant
3140 caused serious bodily injury to the victim or another individual; or
3141 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3142 aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
3143 (5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a
3144 lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and
3145 states the reasons for this finding on the record, the court may impose a term of imprisonment
3146 of not less than:
3147 (a) for purposes of Subsection (4)(b), 15 years and which may be for life; or
3148 (b) for purposes of Subsection (4)(a) or (b):
3149 (i) 10 years and which may be for life; or
3150 (ii) six years and which may be for life.
3151 (6) The provisions of Subsection (5) do not apply when a [
3152 sentenced under Subsection (4)(c).
3153 (7) Subsections (4)(b) and (c) do not apply if the [
3154 years [
3155 (8) Imprisonment under Subsection (4) is mandatory in accordance with Section
3156 76-3-406.
3157 Section 64. Section 76-5-303 is amended to read:
3158 76-5-303. Custodial interference.
3159 (1) (a) As used in this section:
3160 [
3161 [
3162 competent jurisdiction.
3163 [
3164 of competent jurisdiction.
3165 (b) Terms defined in Section 76-1-101.5 apply to this section.
3166 (2) (a) [
3167 custodial interference if, during a period of time when another [
3168 visitation of the child, the [
3169 from the [
3170 the visitation of the child.
3171 (b) [
3172 custodial interference if, during a period of time when the [
3173 visitation of the child, the [
3174 from [
3175 with the custody of the child.
3176 (3) (a) [
3177 of Subsection (2) is a class B misdemeanor.
3178 [
3179
3180 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
3181 misdemeanor if the actor:
3182 [
3183 [
3184 period immediately preceding the day on which the commission of custodial interference
3185 described in Subsection [
3186 [
3187 Subsection (2) is a felony of the third degree if, during the course of the custodial interference,
3188 the actor [
3189 the child from the state.
3190 [
3191 affirmative defense to the crime of custodial interference that:
3192 (a) the action is consented to by the [
3193 the child was interfered with; or
3194 (b) (i) the action is based on a reasonable belief that the action is necessary to protect a
3195 child from abuse, including sexual abuse; and
3196 (ii) before engaging in the action, the [
3197 intention to engage in the action, and the basis for the belief described in Subsection [
3198 (4)(b)(i), to the Division of Child and Family Services or law enforcement.
3199 Section 65. Section 76-5-303.5 is amended to read:
3200 76-5-303.5. Notification of conviction of custodial interference.
3201 (1) As used in this section:
3202 (a) (i) "Convicted" means [
3203 plea or verdict or adjudication in juvenile court of a crime or offense.
3204 (ii) "Convicted" includes:
3205 (A) a plea of guilty or guilty and mentally ill;
3206 (B) a plea of no contest; and
3207 (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
3208 in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
3209 accordance with the plea in abeyance agreement.
3210 [
3211 (b) Terms defined in Section 76-1-101.5 apply to this section.
3212 (2) If [
3213 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the
3214 conviction, and whether the conviction is for:
3215 (a) a class B misdemeanor, under Subsection 76-5-303(3)(a);
3216 (b) a class A misdemeanor, under Subsection 76-5-303[
3217 (c) a felony, under Subsection 76-5-303[
3218 Section 66. Section 76-5-304 is amended to read:
3219 76-5-304. Unlawful detention and unlawful detention of a minor.
3220 (1) (a) As used in this section:
3221 (i) Acting "against the will of an individual" includes acting without the consent of the
3222 legal guardian, caretaker, or custodian of an individual who is:
3223 (A) a dependent adult; or
3224 (B) a minor who is 14 or 15 years old.
3225 (ii) "Dependent adult" means the same as that term is defined in Section 76-5-111.
3226 (b) Terms defined in Section 76-1-101.5 apply to this section.
3227 [
3228 knowingly, without authority of law, and against the will of [
3229 or restrains the [
3230 [
3231 [
3232 [
3233 more years older than the minor, and intentionally or knowingly, without authority of law, and
3234 against the will of the [
3235 the intent to cause the [
3236 time under the circumstances[
3237 [
3238 [
3239 [
3240 [
3241 [
3242
3243 [
3244 [
3245 [
3246 (4) If the conduct of the actor amounts to a violation under one of the following, the
3247 actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b):
3248 (a) kidnapping, as described in Section 76-5-301; or
3249 (b) child kidnapping, as described in Section 76-5-301.1.
3250 Section 67. Section 76-5-305 is amended to read:
3251 76-5-305. Defenses.
3252 (1) It is a defense under this part that:
3253 (a) the actor was acting under a reasonable belief that:
3254 (i) the conduct was necessary to protect any [
3255 injury or death; or
3256 (ii) the detention or restraint was authorized by law; or
3257 (b) the alleged victim is younger than 18 years [
3258
3259 a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or
3260 person acting in loco parentis to the victim would, if present, have consented to the actor's
3261 conduct.
3262 (2) Subsection (1)(b) may not be used as a defense to conduct described in Section
3263 76-5-308.5.
3264 Section 68. Section 76-5-307 is amended to read:
3265 76-5-307. Definitions.
3266 As used in Sections 76-5-308 through [
3267 (1) "Child" means [
3268 (2) "Commercial purpose" includes direct or indirect participation in or facilitation of
3269 the transportation of one or more [
3270 (a) charging or obtaining a fee for the transportation; or
3271 (b) obtaining, exchanging, or receiving any thing or item of value or an attempt to
3272 conduct any of these activities.
3273 (3) "Facilitation" regarding transportation under Subsection (2) includes providing:
3274 (a) travel arrangement services;
3275 (b) payment for the costs of travel; or
3276 (c) property that would advance an act of transportation, including a vehicle or other
3277 means of transportation, a weapon, false identification, and making lodging available,
3278 including by rent, lease, or sale.
3279 (4) "Family member" means [
3280 any other [
3281 the second degree.
3282 Section 69. Section 76-5-308 is amended to read:
3283 76-5-308. Human trafficking for labor.
3284 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3285 [
3286 actor recruits, harbors, transports, obtains, patronizes, or solicits [
3287 labor through the use of force, fraud, or coercion, which may include:
3288 (a) threatening serious harm to, or physical restraint against, that [
3289 [
3290 (b) destroying, concealing, removing, confiscating, or possessing any passport,
3291 immigration document, or other government-issued identification document;
3292 (c) abusing or threatening abuse of the law or legal process against the [
3293
3294 (d) using a condition of [
3295 [
3296 under the control of the debtor as a security for debt where the reasonable value of the services
3297 is not applied toward the liquidation of the debt or the length and nature of those services are
3298 not respectively limited and defined;
3299 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
3300 cause [
3301 continue in a condition of servitude, [
3302 individual would suffer serious harm or physical restraint, or would be threatened with abuse of
3303 legal process; or
3304 (f) creating or exploiting a relationship where the [
3305 upon the actor.
3306 (3) A violation of Subsection (2) is a second degree felony.
3307 [
3308 fraud, or coercion as described in Subsection [
3309 (5) This offense is a separate offense from any other crime committed in relationship to
3310 the commission of this offense.
3311 [
3312
3313
3314 [
3315 [
3316 [
3317 [
3318 [
3319 [
3320
3321
3322 [
3323 [
3324 [
3325 Section 70. Section 76-5-308.1 is enacted to read:
3326 76-5-308.1. Human trafficking for sexual exploitation.
3327 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3328 (2) An actor commits human trafficking for sexual exploitation if the actor recruits,
3329 harbors, transports, obtains, patronizes, or solicits an individual for sexual exploitation through
3330 the use of force, fraud, or coercion, which may include:
3331 (a) threatening serious harm to, or physical restraint against, that individual or another
3332 individual;
3333 (b) destroying, concealing, removing, confiscating, or possessing any passport,
3334 immigration document, or other government-issued identification document;
3335 (c) abusing or threatening abuse of the law or legal process against the individual or
3336 another individual;
3337 (d) using a condition of an individual being a debtor due to a pledge of the individual's
3338 personal services or the personal services of an individual under the control of the debtor as a
3339 security for debt where the reasonable value of the services is not applied toward the
3340 liquidation of the debt or the length and nature of those services are not respectively limited
3341 and defined;
3342 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
3343 cause an individual to believe that if the individual did not enter into or continue in a condition
3344 of servitude, the individual or another individual would suffer serious harm or physical
3345 restraint, or would be threatened with abuse of legal process; or
3346 (f) creating or exploiting a relationship where the individual is dependent upon the
3347 actor.
3348 (3) A violation of Subsection (2) is a second degree felony.
3349 (4) Human trafficking for sexual exploitation includes all forms of commercial sexual
3350 activity, which may include the following conduct when the person acts under force, fraud, or
3351 coercion as described in Subsection (1):
3352 (a) sexually explicit performance;
3353 (b) prostitution;
3354 (c) participation in the production of pornography;
3355 (d) performance in strip clubs; and
3356 (e) exotic dancing or display.
3357 (5) This offense is a separate offense from any other crime committed in relationship to
3358 the commission of this offense.
3359 Section 71. Section 76-5-308.3 is enacted to read:
3360 76-5-308.3. Human smuggling -- Penalty.
3361 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3362 (2) An actor commits human smuggling if the actor transports or procures the
3363 transportation for one or more individuals for a commercial purpose, knowing or having reason
3364 to know that the individual or individuals transported or to be transported are not:
3365 (a) citizens of the United States;
3366 (b) permanent resident aliens; or
3367 (c) otherwise lawfully in this state or entitled to be in this state.
3368 (3) A violation of Subsection (2) is a second degree felony.
3369 (4) This offense is a separate offense from any other crime committed in relationship to
3370 the commission of this offense.
3371 Section 72. Section 76-5-308.5 is amended to read:
3372 76-5-308.5. Human trafficking of a child -- Penalties.
3373 [
3374 child" means any sexual act with a child, [
3375 to or received by any person.
3376 (b) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3377 (2) An actor commits human trafficking of a child if the actor recruits, harbors,
3378 transports, obtains, patronizes, or solicits a child for sexual exploitation or forced labor.
3379 (3) A violation of Subsection (2) is a first degree felony.
3380 [
3381 force, fraud, [
3382 (b) Human trafficking of a child for sexual exploitation includes all forms of
3383 commercial sexual activity with a child, including sexually explicit performance, prostitution,
3384 participation in the production of pornography, performance in a strip club, and exotic dancing
3385 or display as described in Section 76-5-308.1.
3386 [
3387 (5) This offense is a separate offense from any other crime committed in relationship to
3388 the commission of this offense.
3389 Section 73. Section 76-5-309 is amended to read:
3390 76-5-309. Benefitting from trafficking and human smuggling -- Penalties.
3391 [
3392
3393 [
3394
3395 [
3396
3397
3398 [
3399
3400 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3401 (2) An actor is a party to the offense if the actor benefits, receives, or exchanges
3402 anything of value from knowing participation in:
3403 (a) human trafficking for labor [
3404 76-5-308 [
3405 (b) human smuggling [
3406 76-5-308.3;
3407 (c) human trafficking of a child [
3408 Section 76-5-308.5; and
3409 (d) human trafficking for sexual exploitation in violation of Section 76-5-308.1.
3410 (3) (a) A violation of Subsection (2)(a) or (2)(d) is a second degree felony.
3411 (b) A violation of Subsection (2)(b) is a third degree felony.
3412 (c) A violation of Subsection (2)(c) is a first degree felony.
3413 [
3414 trafficking of a child, or human smuggling for each [
3415 trafficked under Section 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, [
3416 76-5-310.1.
3417 Section 74. Section 76-5-310 is amended to read:
3418 76-5-310. Aggravated human trafficking -- Penalties.
3419 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3420 [
3421 exploitation [
3422 Section 76-5-308 or 76-5-308.1, the offense:
3423 (a) results in the death of [
3424 (b) results in serious bodily injury of [
3425 (c) involves:
3426 (i) rape under Section 76-5-402;
3427 (ii) rape of a child under Section 76-5-402.1;
3428 (iii) object rape under Section 76-5-402.2;
3429 (iv) object rape of a child under Section 76-5-402.3;
3430 (v) forcible sodomy under Section 76-5-403;
3431 (vi) sodomy on a child under Section 76-5-403.1;
3432 (vii) aggravated sexual abuse of a child under Section [
3433 (viii) aggravated sexual assault under Section 76-5-405;
3434 (d) involves the trafficking of 10 or more [
3435 (e) involves [
3436 [
3437
3438
3439 [
3440 [
3441 (3) [
3442 felony.
3443 [
3444 [
3445 a separate offense from any other crime committed in relationship to the commission of [
3446
3447 Section 75. Section 76-5-310.1 is enacted to read:
3448 76-5-310.1. Aggravated human smuggling -- Penalties.
3449 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3450 (2) An actor commits aggravated human smuggling if, in the course of committing an
3451 offense under Section 76-5-308.3, the offense:
3452 (a) results in the death of a smuggled individual;
3453 (b) results in serious bodily injury to a smuggled individual;
3454 (c) involves the smuggling of a child and the child is not accompanied by a family
3455 member who is 18 years old or older;
3456 (d) involves:
3457 (i) rape under Section 76-5-402;
3458 (ii) rape of a child under Section 76-5-402.1;
3459 (iii) object rape under Section 76-5-402.2;
3460 (iv) object rape of a child under Section 76-5-402.3;
3461 (v) forcible sodomy under Section 76-5-403;
3462 (vi) sodomy on a child under Section 76-5-403.1;
3463 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
3464 (viii) aggravated sexual assault under Section 76-5-405; or
3465 (e) involves the smuggling of 10 or more individuals.
3466 (3) A violation of Subsection (2) is a first degree felony.
3467 (4) Aggravated human smuggling is a separate offense from any other crime committed
3468 in relationship to the offense.
3469 Section 76. Section 76-5-311 is amended to read:
3470 76-5-311. Human trafficking of a vulnerable adult -- Penalties.
3471 (1) (a) As used in this section:
3472 [
3473 with a vulnerable adult for which anything of value is given to or received by any individual.
3474 [
3475 76-5-111(1).
3476 (b) Terms defined in Section 76-1-101.5 apply to this section.
3477 (2) An actor commits human trafficking of a vulnerable adult if the actor:
3478 (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
3479 forced labor; or
3480 (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
3481 the actor knew or should have known of the victim's vulnerability.
3482 (3) A violation of Subsection (2) is a first degree felony.
3483 [
3484 obtained through force, fraud, or coercion as described in Section 76-5-308.
3485 (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms
3486 of commercial sexual activity with a vulnerable adult involving:
3487 (i) sexually explicit performances;
3488 (ii) prostitution;
3489 (iii) participation in the production of pornography;
3490 (iv) performance in a strip club; or
3491 (v) exotic dancing or display.
3492 [
3493
3494 Section 77. Section 76-5-401 is amended to read:
3495 76-5-401. Unlawful sexual activity with a minor -- Penalties -- Evidence of age
3496 raised by defendant -- Limitations.
3497 (1) (a) [
3498 an individual who is 14 years [
3499 the time the sexual activity described in [
3500 (b) Terms defined in Section 76-1-101.5 apply to this section.
3501 (2) (a) [
3502 Subsection (4), an actor 18 years old or older commits unlawful sexual activity with a minor
3503 if[
3504
3505
3506 [
3507 [
3508
3509
3510 [
3511 minor by [
3512 body, with the intent to cause substantial emotional or bodily pain to any [
3513 with the intent to arouse or gratify the sexual desire of any [
3514
3515 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3516 violation of Subsection (2)(a)(ii).
3517 (3) (a) [
3518 third degree felony.
3519 (b) (i) [
3520 preponderance of the evidence the mitigating factor that the defendant is less than four years
3521 older than the minor at the time the sexual activity occurred, the offense is a class B
3522 misdemeanor.
3523 (ii) An offense under [
3524 Subsection 77-41-102(17)(a)(vii).
3525 (c) (i) [
3526 preponderance of the evidence the mitigating factor that the defendant was younger than 21
3527 years old at the time the sexual activity occurred, the offense is a class A misdemeanor.
3528 (ii) An offense under [
3529 Subsection 77-41-102(17)(a)(vii).
3530 (4) The offenses referred to in Subsection (2)(a) are:
3531 (a) rape, in violation of Section 76-5-402;
3532 (b) object rape, in violation of Section 76-5-402.2;
3533 (c) forcible sodomy, in violation of Section 76-5-403;
3534 (d) aggravated sexual assault, in violation of Section 76-5-405; or
3535 (e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
3536 Section 78. Section 76-5-401.1 is amended to read:
3537 76-5-401.1. Sexual abuse of a minor -- Penalties -- Limitations.
3538 [
3539 (1) (a) As used in this section:
3540 (i) "Indecent liberties" means:
3541 (A) the actor touching another individual's genitals, anus, buttocks, pubic area, or
3542 female breast;
3543 (B) causing any part of an individual's body to touch the actor's or another's genitals,
3544 pubic area, anus, buttocks, or female breast;
3545 (C) simulating or pretending to engage in sexual intercourse with another individual,
3546 including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
3547 (D) causing an individual to simulate or pretend to engage in sexual intercourse with
3548 the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal
3549 intercourse.
3550 (ii) "Minor means an individual who is 14 years [
3551 16 years [
3552 occurred.
3553 (b) Terms defined in Section 76-1-101.5 apply to this section.
3554 (2) (a) [
3555 Subsection (4), an actor commits sexual abuse of a minor if the [
3556 (i) is four years or more older than the minor; and[
3557
3558
3559
3560
3561 (ii) with the intent to cause substantial emotional or bodily pain to any individual, or
3562 with the intent to arouse or gratify the sexual desire of any individual:
3563 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor[
3564 (B) touches the breast of a female minor[
3565 (C) otherwise takes indecent liberties with the minor[
3566
3567
3568 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3569 relevant element of a violation of Subsection (2)(a).
3570 (3) A violation of [
3571 (a) a class A misdemeanor; and
3572 (b) is not subject to registration under Subsection 77-41-102(17)(a)(viii) on a first
3573 offense if the offender was younger than 21 years [
3574 (4) The offenses referred to in Subsection (2)(a) are:
3575 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
3576 (b) rape, in violation of Section 76-5-402;
3577 (c) object rape, in violation of Section 76-5-402.2;
3578 (d) forcible sodomy, in violation of Section 76-5-403;
3579 (e) aggravated sexual assault, in violation of Section 76-5-405; or
3580 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
3581 Section 79. Section 76-5-401.2 is amended to read:
3582 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties --
3583 Limitations.
3584 (1) (a) As used in this section[
3585 (i) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
3586 (ii) "Minor" means an individual who is 16 years [
3587 than 18 years [
3588 (b) Terms defined in Section 76-1-101.5 apply to this section.
3589 (2) (a) [
3590 Subsection (4), an actor commits unlawful sexual conduct with a minor if[
3591
3592 the actor:
3593 (i) (A) is seven or more years older but less than 10 years older than the minor at the
3594 time of the sexual conduct;
3595 (B) engages in any conduct listed in Subsection (2)(b)[
3596 (C) knew or reasonably should have known the age of the minor; or
3597 (ii) (A) is 10 or more years older than the minor at the time of the sexual conduct; and
3598 (B) engages in any conduct listed in Subsection (2)(b).
3599 (b) As used in Subsection (2)(a), "sexual conduct" refers to when the [
3600 actor:
3601 (i) has sexual intercourse with the minor;
3602 (ii) engages in any sexual act with the minor involving the genitals of one individual
3603 and the mouth or anus of another individual[
3604 (iii) (A) causes the penetration, however slight, of the genital or anal opening of the
3605 minor by any foreign object, substance, instrument, or device, including a part of the human
3606 body[
3607 (B) causes the penetration with the intent to cause substantial emotional or bodily pain
3608 to any individual or with the intent to arouse or gratify the sexual desire of any individual[
3609
3610 (iv) with the intent to cause substantial emotional or bodily pain to any individual or
3611 with the intent to arouse or gratify the sexual desire of any individual:
3612 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor[
3613 (B) touches the breast of a female minor[
3614 (C) otherwise takes indecent liberties with the minor[
3615
3616
3617 [
3618 [
3619 [
3620 [
3621 [
3622 [
3623 [
3624 (c) (i) Any touching, even if accomplished through clothing, is sufficient to constitute
3625 the relevant element of a violation of Subsection (2)(a).
3626 (ii) Any penetration, however slight, is sufficient to constitute the relevant element
3627 under Subsection (2)(b)(i).
3628 (iii) Any touching, however slight, is sufficient to constitute the relevant element under
3629 Subsection (2)(b)(ii).
3630 [
3631 [
3632 (4) The offenses referred to in Subsection (2)(a) are:
3633 (a) rape, in violation of Section 76-5-402;
3634 (b) object rape, in violation of Section 76-5-402.2;
3635 (c) forcible sodomy, in violation of Section 76-5-403;
3636 (d) forcible sexual abuse, in violation of Section 76-5-404;
3637 (e) aggravated sexual assault, in violation of Section 76-5-405; or
3638 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
3639 Section 80. Section 76-5-401.3 is amended to read:
3640 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
3641 (1) (a) As used in this section[
3642 the transitional phase of human physical and psychological growth and development between
3643 childhood and adulthood who is 12 years old or older, but [
3644 [
3645
3646 [
3647 [
3648 [
3649 [
3650 [
3651 [
3652 [
3653 [
3654 [
3655 [
3656 (b) Terms defined in Section 76-1-101.5 apply to this section.
3657 (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
3658 commits unlawful sexual activity if the actor:
3659 (a) is an adolescent; and
3660 (b) has sexual activity with another adolescent.
3661 (3) A violation of Subsection (2) is a:
3662 (a) third degree felony if an [
3663 adolescent sexual activity with an adolescent who is 12 or 13 years old;
3664 (b) third degree felony if an [
3665 adolescent sexual activity with an adolescent who is 12 years old;
3666 (c) class A misdemeanor if an [
3667 unlawful adolescent sexual activity with an adolescent who is 13 years old;
3668 (d) class A misdemeanor if an [
3669 unlawful adolescent sexual activity with an adolescent who is 12 years old;
3670 (e) class B misdemeanor if an [
3671 unlawful adolescent sexual activity with an adolescent who is 14 years old;
3672 (f) class B misdemeanor if an [
3673 unlawful adolescent sexual activity with an adolescent who is 13 years old;
3674 (g) class C misdemeanor if an [
3675 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and
3676 (h) class C misdemeanor if an [
3677 unlawful adolescent sexual activity with an adolescent who is 13 years old.
3678 (4) The offenses referred to in Subsection (2) are:
3679 (a) rape, in violation of Section 76-5-402;
3680 (b) rape of a child, in violation of Section 76-5-402.1;
3681 (c) object rape, in violation of Section 76-5-402.2;
3682 (d) object rape of a child, in violation of Section 76-5-402.3;
3683 (e) forcible sodomy, in violation of Section 76-5-403;
3684 (f) sodomy on a child, in violation of Section 76-5-403.1;
3685 (g) sexual abuse of a child, in violation of Section 76-5-404;
3686 (h) aggravated sexual assault, in violation of Section 76-5-405;
3687 (i) incest, in violation of Section 76-7-102; or
3688 (j) an attempt to commit any offense listed in Subsections (4)(a) through (4)(i).
3689 [
3690 Section 80-6-304 or a referral to a youth court under Section 80-6-902.
3691 [
3692 in accordance with Section 80-6-504, the district court may enter any sentence or combination
3693 of sentences that would have been available in juvenile court but for the delayed reporting or
3694 delayed filing of the information in the district court.
3695 [
3696 77-41-102(17).
3697 Section 81. Section 76-5-402 is amended to read:
3698 76-5-402. Rape -- Penalties.
3699 (1) Terms defined in Section 76-1-101.5 apply to this section.
3700 [
3701 with another [
3702 (b) Any sexual penetration, however slight, is sufficient to constitute the relevant
3703 element of a violation of Subsection (2)(a).
3704 [
3705 individual.
3706 (3) [
3707 term of imprisonment of:
3708 (a) except as provided in Subsection (3)(b) or (c), not less than five years and which
3709 may be for life;
3710 (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life,
3711 if the trier of fact finds that:
3712 (i) during the course of the commission of the rape the defendant caused serious bodily
3713 injury to [
3714 (ii) at the time of the commission of the rape, the defendant was younger than 18 years
3715 [
3716 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3717 rape the defendant was previously convicted of a grievous sexual offense.
3718 (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser
3719 term than the term described in Subsection (3)(b) is in the interests of justice and states the
3720 reasons for this finding on the record, the court may impose a term of imprisonment of not less
3721 than:
3722 (a) 10 years and which may be for life; or
3723 (b) six years and which may be for life.
3724 (5) The provisions of Subsection (4) do not apply when a [
3725 sentenced under Subsection (3)(a) or (c).
3726 (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance
3727 with Section 76-3-406.
3728 Section 82. Section 76-5-402.1 is amended to read:
3729 76-5-402.1. Rape of a child -- Penalties.
3730 (1) Terms defined in Section 76-1-101.5 apply to this section.
3731 [
3732 has sexual intercourse with [
3733 14 years old.
3734 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3735 violation of Subsection (2)(a).
3736 [
3737 punishable by a term of imprisonment of:
3738 (a) except as provided in Subsections [
3739 and which may be for life; or
3740 (b) life without parole, if the trier of fact finds that:
3741 (i) during the course of the commission of the rape of a child, the defendant caused
3742 serious bodily injury to [
3743 (ii) at the time of the commission of the rape of a child the defendant was previously
3744 convicted of a grievous sexual offense.
3745 [
3746 years [
3747 [
3748 [
3749 (i) it is a first time offense for the defendant under this section;
3750 (ii) the defendant was younger than 21 years [
3751 (iii) the court finds that a lesser term than the term described in Subsection [
3752 is in the interests of justice under the facts and circumstances of the case, including the age of
3753 the victim, and states the reasons for this finding on the record.
3754 (b) If the conditions of Subsection [
3755 imprisonment of not less than:
3756 (i) 15 years and which may be for life;
3757 (ii) 10 years and which may be for life; or
3758 (iii) six years and which may be for life.
3759 [
3760 76-3-406.
3761 Section 83. Section 76-5-402.2 is amended to read:
3762 76-5-402.2. Object rape -- Penalties.
3763 [
3764
3765
3766
3767
3768 (1) Terms defined in Section 76-1-101.5 apply to this section.
3769 (2) An actor commits object rape if:
3770 (a) the actor:
3771 (i) acts without an individual's consent;
3772 (ii) causes the penetration, however slight, of the genital or anal opening of the
3773 individual by:
3774 (A) a foreign object;
3775 (B) a substance;
3776 (C) an instrument;
3777 (D) a device; or
3778 (E) a part of the human body other than the mouth or genitals; and
3779 (iii) (A) intends to cause substantial emotional or bodily pain to the individual; or
3780 (B) intends to arouse or gratify the sexual desire of any individual; and
3781 (b) the individual described in Subsection (2)(a)(i) is 14 years old or older.
3782 (3) A violation of Subsection (2) is a first degree felony, punishable by a term of
3783 imprisonment of:
3784 (a) except as provided in Subsection [
3785 which may be for life;
3786 (b) except as provided in Subsection [
3787 be for life, if the trier of fact finds that:
3788 (i) during the course of the commission of the object rape the defendant caused serious
3789 bodily injury to [
3790 (ii) at the time of the commission of the object rape, the defendant was younger than 18
3791 years [
3792 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3793 object rape, the defendant was previously convicted of a grievous sexual offense.
3794 [
3795 lesser term than the term described in Subsection [
3796 states the reasons for this finding on the record, the court may impose a term of imprisonment
3797 of not less than:
3798 (a) 10 years and which may be for life; or
3799 (b) six years and which may be for life.
3800 [
3801 defendant is sentenced under Subsection [
3802 [
3803 mandatory in accordance with Section 76-3-406.
3804 Section 84. Section 76-5-402.3 is amended to read:
3805 76-5-402.3. Object rape of a child -- Penalty.
3806 (1) Terms defined in Section 76-1-101.5 apply to this section.
3807 [
3808 (i) the actor causes the penetration or touching, however slight, of the genital or anal
3809 opening [
3810 in Subsection (2)(b):
3811 (A) a foreign object[
3812 (B) a substance[
3813 (C) an instrument[
3814 (D) a device[
3815 (ii) the actor:
3816 (A) intends to cause substantial emotional or bodily pain to the [
3817 [
3818 (B) intends to arouse or gratify the sexual desire of any [
3819 (iii) the individual described in Subsection (2)(a)(i) is younger than 14 years old.
3820 (b) Subsection (2)(a) does not include penetration or touching by a part of the human
3821 body.
3822 [
3823 punishable by a term of imprisonment of:
3824 [
3825 years and which may be for life; or
3826 [
3827 [
3828 caused serious bodily injury to [
3829 [
3830 previously convicted of a grievous sexual offense.
3831 [
3832 18 years [
3833 (4) (a) When imposing a sentence under [
3834 (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:
3835 (i) it is a first time offense for the defendant under this section;
3836 (ii) the defendant was younger than 21 years [
3837 (iii) the court finds that a lesser term than the term described in Subsection [
3838 (3)(a)(i) is in the interests of justice under the facts and circumstances of the case, including the
3839 age of the victim, and states the reasons for this finding on the record.
3840 (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of
3841 imprisonment of not less than:
3842 (i) 15 years and which may be for life;
3843 (ii) 10 years and which may be for life; or
3844 (iii) six years and which may be for life.
3845 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
3846 Section 85. Section 76-5-403 is amended to read:
3847 76-5-403. Forcible sodomy -- Penalties.
3848 (1) (a) As used in this section, "sodomy" means engaging in any sexual act with an
3849 individual who is 14 years [
3850 mouth or anus of another individual[
3851 (b) Terms defined in Section 76-1-101.5 apply to this section.
3852 (2) (a) An [
3853 upon another individual without the [
3854 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3855 violation of Subsection (2)(a).
3856 (3) [
3857 by a term of imprisonment of:
3858 (a) except as provided in Subsection (3)(b) or (c), not less than five years and which
3859 may be for life;
3860 (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life,
3861 if the trier of fact finds that:
3862 (i) during the course of the commission of the forcible sodomy the defendant caused
3863 serious bodily injury to [
3864 (ii) at the time of the commission of the rape, the defendant was younger than 18 years
3865 [
3866 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3867 forcible sodomy the defendant was previously convicted of a grievous sexual offense.
3868 (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser
3869 term than the term described in Subsection (3)(b) is in the interests of justice and states the
3870 reasons for this finding on the record, the court may impose a term of imprisonment of not less
3871 than:
3872 (a) 10 years and which may be for life; or
3873 (b) six years and which may be for life.
3874 (5) The provisions of Subsection (4) do not apply when [
3875 sentenced under Subsection (3)(a) or (c).
3876 (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance
3877 with Section 76-3-406.
3878 Section 86. Section 76-5-403.1 is amended to read:
3879 76-5-403.1. Sodomy on a child -- Penalties.
3880 (1) Terms defined in Section 76-1-101.5 apply to this section.
3881 [
3882 (i) the actor engages in any sexual act upon or with [
3883
3884 (ii) the individual is younger than 14 years old; and
3885 (iii) the sexual act involves the genitals or anus of the actor or the [
3886 and the mouth or anus of either [
3887 individual.
3888 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3889 relevant element of a violation of Subsection (2)(a).
3890 [
3891 punishable by a term of imprisonment of:
3892 (a) except as provided in Subsections [
3893 and which may be for life; or
3894 (b) life without parole, if the trier of fact finds that:
3895 (i) during the course of the commission of the sodomy [
3896 caused serious bodily injury to [
3897 (ii) at the time of the commission of the sodomy [
3898 previously convicted of a grievous sexual offense.
3899 [
3900 years [
3901 [
3902 [
3903 (i) it is a first time offense for the defendant under this section;
3904 (ii) the defendant was younger than 21 years [
3905 (iii) the court finds that a lesser term than the term described in Subsection [
3906 is in the interests of justice under the facts and circumstances of the case, including the age of
3907 the victim, and states the reasons for this finding on the record.
3908 (b) If the conditions of Subsection [
3909 imprisonment of not less than:
3910 (i) 15 years and which may be for life;
3911 (ii) 10 years and which may be for life; or
3912 (iii) six years and which may be for life.
3913 [
3914 76-3-406.
3915 Section 87. Section 76-5-404 is amended to read:
3916 76-5-404. Forcible sexual abuse -- Penalties -- Limitations.
3917 (1) (a) As used in this section, "indecent liberties" means the same as that term is
3918 defined in Section 76-5-401.1.
3919 (b) Terms defined in Section 76-1-101.5 apply to this section.
3920 [
3921 Subsection (4), an actor commits forcible sexual abuse if [
3922
3923
3924 (i) without the consent of the individual, the actor:
3925 (A) touches the anus, buttocks, pubic area, or any part of the genitals of [
3926 another individual;
3927 (B) touches the breast of [
3928 (C) otherwise takes indecent liberties with [
3929 (ii) the actor intends to:
3930 (A) cause substantial emotional or bodily pain to any individual [
3931 or
3932 (B) arouse or gratify the sexual desire of any individual[
3933
3934 [
3935 [
3936 (iii) the individual described in Subsection (2)(a)(i)(A), (B), or (C) is 14 years old or
3937 older.
3938 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3939 relevant element of a violation of Subsection (2)(a).
3940 (3) (a) A violation of Subsection (2) is a felony of the second degree, punishable by a
3941 term of imprisonment of not less than one year nor more than 15 years[
3942
3943 (b) (i) Notwithstanding Subsection (3)(a) and except as provided in Subsection
3944 (3)(b)(ii), a violation of Subsection (2) is a felony of the first degree, punishable by a term of
3945 imprisonment for 15 years and which may be for life, if the trier of fact finds that during the
3946 course of the commission of the forcible sexual abuse the defendant caused serious bodily
3947 injury to [
3948 [
3949 that a lesser term than the term described in Subsection [
3950 justice and states the reasons for this finding on the record, the court may impose a term of
3951 imprisonment of not less than:
3952 [
3953 [
3954 (4) The offenses referred to in Subsection (2)(a) are:
3955 (a) rape, in violation of Section 76-5-402;
3956 (b) object rape, in violation of Section 76-5-402.2;
3957 (c) forcible sodomy, in violation of Section 76-5-403; or
3958 (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
3959 [
3960 accordance with Section 76-3-406.
3961 Section 88. Section 76-5-404.1 is amended to read:
3962 76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
3963 (1) (a) As used in this section:
3964 [
3965 [
3966 (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
3967 [
3968 [
3969 [
3970 [
3971 [
3972 [
3973 [
3974 [
3975 [
3976 [
3977 [
3978 [
3979 [
3980 [
3981 [
3982 [
3983 [
3984 [
3985 [
3986 [
3987 private elementary school or secondary school, and who is 18 years [
3988 [
3989 of higher education;
3990 [
3991 [
3992 [
3993 listed in Subsections [
3994 individual to exercise undue influence over the child.
3995 (b) Terms defined in Section 76-1-101.5 apply to this section.
3996 [
3997 Subsection (4), an actor commits sexual abuse of a child if[
3998
3999
4000 (i) (A) touches the anus, buttocks, pubic area, or genitalia of any child[
4001 (B) touches the breast of a female child[
4002 (C) otherwise takes indecent liberties with a child[
4003 (ii) the actor's conduct is with intent to:
4004 (A) cause substantial emotional or bodily pain to any individual; or [
4005 (B) to arouse or gratify the sexual desire of any individual [
4006
4007 [
4008 [
4009
4010
4011 [
4012
4013
4014 [
4015
4016 [
4017
4018 [
4019
4020 [
4021
4022 [
4023
4024 [
4025
4026
4027
4028 [
4029
4030 [
4031
4032
4033 [
4034
4035 [
4036
4037 [
4038
4039 [
4040
4041
4042 [
4043
4044
4045 [
4046
4047
4048
4049 [
4050 [
4051 [
4052 [
4053 [
4054
4055 [
4056
4057 [
4058
4059 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
4060 relevant element of a violation of Subsection (2)(a).
4061 (3) A violation of Subsection (2) is a second degree felony.
4062 (4) The offenses referred to in Subsection (2)(a) are:
4063 (a) rape of a child, in violation of Section 76-5-402.1;
4064 (b) object rape of a child, in violation of Section 76-5-402.3;
4065 (c) sodomy on a child, in violation of Section 76-5-403.1; or
4066 (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
4067 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
4068 Section 89. Section 76-5-404.3 is enacted to read:
4069 76-5-404.3. Aggravated sexual abuse of a child -- Penalties.
4070 (1) (a) As used in this section:
4071 (i) "Adult" means the same as that term is defined in Section 76-4-404.1.
4072 (ii) "Child" means the same as that term is defined in Section 76-4-404.1.
4073 (iii) "Position of special trust" means the same as that term is defined in Section
4074 76-4-404.1.
4075 (b) Terms defined in Section 76-1-101.5 apply to this section.
4076 (2) (a) An actor commits aggravated sexual abuse of a child if, in conjunction with the
4077 offense described in Subsection 76-4-404.1(2)(a), any of the following circumstances have
4078 been charged and admitted or found true in the action for the offense:
4079 (i) the actor committed the offense:
4080 (A) by the use of a dangerous weapon;
4081 (B) by force, duress, violence, intimidation, coercion, menace, or threat of harm; or
4082 (C) during the course of a kidnaping;
4083 (ii) the actor caused bodily injury or severe psychological injury to the child during or
4084 as a result of the offense;
4085 (iii) the actor was a stranger to the child or made friends with the child for the purpose
4086 of committing the offense;
4087 (iv) the actor used, showed, or displayed pornography or caused the child to be
4088 photographed in a lewd condition during the course of the offense;
4089 (v) the actor, prior to sentencing for this offense, was previously convicted of any
4090 sexual offense;
4091 (vi) the actor committed the same or similar sexual act upon two or more individuals at
4092 the same time or during the same course of conduct;
4093 (vii) the actor committed, in Utah or elsewhere, more than five separate acts, which if
4094 committed in Utah would constitute an offense described in this chapter, and were committed
4095 at the same time, or during the same course of conduct, or before or after the instant offense;
4096 (viii) the actor occupied a position of special trust in relation to the child;
4097 (ix) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
4098 sexual acts by the child with any other individual, sexual performance by the child before any
4099 other individual, human trafficking, or human smuggling; or
4100 (x) the actor caused the penetration, however slight, of the genital or anal opening of
4101 the child by any part or parts of the human body other than the genitals or mouth.
4102 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
4103 relevant element of a violation of Subsection (2)(a).
4104 (3) Except as provided in Subsection (6), a violation of Subsection (2) is a first degree
4105 felony punishable by a term of imprisonment of:
4106 (a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and
4107 which may be for life;
4108 (b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact
4109 finds that during the course of the commission of the aggravated sexual abuse of a child the
4110 defendant caused serious bodily injury to another; or
4111 (c) life without parole, if the trier of fact finds that at the time of the commission of the
4112 aggravated sexual abuse of a child, the defendant was previously convicted of a grievous
4113 sexual offense.
4114 (4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a
4115 lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and
4116 states the reasons for this finding on the record, the court may impose a term of imprisonment
4117 of not less than:
4118 (a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
4119 (b) for purposes of Subsection (3)(a) or (b):
4120 (i) 10 years and which may be for life; or
4121 (ii) six years and which may be for life.
4122 (5) The provisions of Subsection (4) do not apply if a defendant is sentenced under
4123 Subsection (3)(c).
4124 (6) Subsection (3)(b) or (3)(c) does not apply if the defendant was younger than 18
4125 years old at the time of the offense.
4126 (7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
4127 Section 90. Section 76-5-405 is amended to read:
4128 76-5-405. Aggravated sexual assault -- Penalty.
4129 (1) Terms defined in Section 76-1-101.5 apply to this section.
4130 [
4131 (a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the
4132 actor:
4133 (i) uses, or threatens [
4134 weapon [
4135 (ii) compels, or attempts to compel, [
4136 object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious
4137 bodily injury to be inflicted imminently on any [
4138 (iii) is aided or abetted by one or more persons;
4139 (b) in the course of an attempted rape, attempted object rape, or attempted forcible
4140 sodomy, the actor:
4141 (i) causes serious bodily injury to any [
4142 (ii) uses, or threatens [
4143 [
4144 (iii) attempts to compel [
4145 forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted
4146 imminently on any [
4147 (iv) is aided or abetted by one or more persons; or
4148 (c) in the course of an attempted forcible sexual abuse, the actor:
4149 (i) causes serious bodily injury to any [
4150 (ii) uses, or threatens the [
4151
4152 (iii) attempts to compel the [
4153 threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any [
4154 individual; or
4155 (iv) is aided or abetted by one or more persons.
4156 [
4157 felony, punishable by a term of imprisonment of:
4158 (a) for an aggravated sexual assault described in Subsection [
4159 (i) except as provided in Subsection [
4160 and which may be for life; or
4161 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4162 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
4163 (b) for an aggravated sexual assault described in Subsection [
4164 (i) except as provided in Subsection [
4165 years and which may be for life; or
4166 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4167 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
4168 or
4169 (c) for an aggravated sexual assault described in Subsection [
4170 (i) except as provided in Subsection [
4171 years and which may be for life; or
4172 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4173 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.
4174 [
4175 that a lesser term than the term described in Subsection [
4176 justice and states the reasons for this finding on the record, the court may impose a term of
4177 imprisonment of not less than:
4178 (i) 10 years and which may be for life; or
4179 (ii) six years and which may be for life.
4180 (b) The provisions of Subsection [
4181 sentenced under Subsection [
4182 [
4183 that a lesser term than the term described in Subsection [
4184 justice and states the reasons for this finding on the record, the court may impose a term of
4185 imprisonment of not less than six years and which may be for life.
4186 (b) The provisions of Subsection [
4187 sentenced under Subsection [
4188 [
4189 that a lesser term than the term described in Subsection [
4190 justice and states the reasons for this finding on the record, the court may impose a term of
4191 imprisonment of not less than three years and which may be for life.
4192 (b) The provisions of Subsection [
4193 sentenced under Subsection [
4194 [
4195 the defendant was younger than 18 years [
4196 [
4197 76-3-406.
4198 Section 91. Section 76-5-406.3 is amended to read:
4199 76-5-406.3. Applicability of sentencing provisions.
4200 A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section
4201 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3,
4202 object rape of a child; Section 76-5-403.1, sodomy on a child; Section [
4203 aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault shall be
4204 sentenced as follows:
4205 (1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in
4206 accordance with the statutory provisions in effect prior to that date.
4207 (2) If the person commits the crime and is sentenced on or after April 29, 1996, he
4208 shall be punished in accordance with the statutory provisions in effect after April 29, 1996.
4209 (3) If the person commits the crime prior to April 29, 1996, but is sentenced on or after
4210 April 29, 1996, he shall be given the option prior to sentencing to proceed either under the law
4211 which was in effect at the time the offense was committed or the law which was in effect at the
4212 time of sentencing. If the person refuses to select, the court shall sentence the person in
4213 accordance with the law in effect at the time of sentencing. The provisions of Subsections
4214 77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to be
4215 sentenced in accordance with the law in effect prior to April 29, 1996.
4216 Section 92. Section 76-5-406.5 is amended to read:
4217 76-5-406.5. Circumstances required for probation or suspension of sentence for
4218 certain sex offenses against a child.
4219 (1) In a case involving a conviction for a violation of Section 76-5-402.1, rape of a
4220 child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; or any
4221 attempt to commit a felony under those sections or a conviction for a violation of [
4222
4223 suspend execution of sentence and consider probation to a residential sexual abuse treatment
4224 center only if all of the following circumstances are found by the court to be present and the
4225 court in its discretion, considering the circumstances of the offense, including the nature,
4226 frequency, and duration of the conduct, and considering the best interests of the public and the
4227 child victim, finds probation to a residential sexual abuse treatment center to be proper:
4228 (a) the defendant did not use a weapon, force, violence, substantial duress or menace,
4229 or threat of harm, in committing the offense or before or after committing the offense, in an
4230 attempt to frighten the child victim or keep the child victim from reporting the offense;
4231 (b) the defendant did not cause bodily injury to the child victim during or as a result of
4232 the offense and did not cause the child victim severe psychological harm;
4233 (c) the defendant, prior to the offense, had not been convicted of any public offense in
4234 Utah or elsewhere involving sexual misconduct in the commission of the offense;
4235 (d) the defendant did not commit an offense described in this Part 4, Sexual Offenses,
4236 against more than one child victim or victim, at the same time, or during the same course of
4237 conduct, or previous to or subsequent to the instant offense;
4238 (e) the defendant did not use, show, or display pornography or create sexually-related
4239 photographs or tape recordings in the course of the offense;
4240 (f) the defendant did not act in concert with another offender during the offense or
4241 knowingly commit the offense in the presence of a person other than the victim or with lewd
4242 intent to reveal the offense to another;
4243 (g) the defendant did not encourage, aid, allow, or benefit from any act of prostitution
4244 or sexual act by the child victim with any other person or sexual performance by the child
4245 victim before any other person;
4246 (h) the defendant admits the offense of which he has been convicted and has been
4247 accepted for mental health treatment in a residential sexual abuse treatment center that has been
4248 approved by the Department of Corrections under Subsection (3);
4249 (i) rehabilitation of the defendant through treatment is probable, based upon evidence
4250 provided by a treatment professional who has been approved by the Department of Corrections
4251 under Subsection (3) and who has accepted the defendant for treatment;
4252 (j) prior to being sentenced, the defendant has undergone a complete psychological
4253 evaluation conducted by a professional approved by the Department of Corrections and:
4254 (i) the professional's opinion is that the defendant is not an exclusive pedophile and
4255 does not present an immediate and present danger to the community if released on probation
4256 and placed in a residential sexual abuse treatment center; and
4257 (ii) the court accepts the opinion of the professional;
4258 (k) if the offense is committed by a parent, stepparent, adoptive parent, or legal
4259 guardian of the child victim, the defendant shall, in addition to establishing all other conditions
4260 of this section, establish it is in the child victim's best interest that the defendant not be
4261 imprisoned, by presenting evidence provided by a treatment professional who:
4262 (i) is treating the child victim and understands he will be treating the family as a whole;
4263 or
4264 (ii) has assessed the child victim for purposes of treatment as ordered by the court
4265 based on a showing of good cause; and
4266 (l) if probation is imposed, the defendant, as a condition of probation, may not reside in
4267 a home where children younger than 18 years [
4268 with the commencement of treatment, and may not again take up residency in a home where
4269 children younger than 18 years [
4270 to do so by order of the court.
4271 (2) A term of incarceration of at least 90 days is to be served prior to treatment and
4272 continue until the time when bed space is available at a residential sexual abuse treatment
4273 center as provided under Subsection (3) and probation is to be imposed for up to a maximum of
4274 10 years.
4275 (3) (a) The Department of Corrections shall develop qualification criteria for the
4276 approval of the sexual abuse treatment programs and professionals under this section. The
4277 criteria shall include the screening criteria employed by the department for sexual offenders.
4278 (b) The sexual abuse treatment program shall be at least one year in duration, shall be
4279 residential, and shall specifically address the sexual conduct for which the defendant was
4280 convicted.
4281 (4) Establishment by the defendant of all the criteria of this section does not mandate
4282 the granting under this section of probation or modification of the sentence that would
4283 otherwise be imposed by Section 76-3-406 regarding sexual offenses against children. The
4284 court has discretion to deny the request based upon its consideration of the circumstances of the
4285 offense, including:
4286 (a) the nature, frequency, and duration of the conduct;
4287 (b) the effects of the conduct on any child victim involved;
4288 (c) the best interest of the public and any child victim; and
4289 (d) the characteristics of the defendant, including any risk the defendant presents to the
4290 public and specifically to children.
4291 (5) The defendant has the burden to establish by a preponderance of evidence
4292 eligibility under all of the criteria of this section.
4293 (6) If the court finds a defendant granted probation under this section fails to cooperate
4294 or succeed in treatment or violates probation to any substantial degree, the sentence previously
4295 imposed for the offense shall be immediately executed.
4296 (7) The court shall enter written findings of fact regarding the conditions established by
4297 the defendant that justify the granting of probation under this section.
4298 (8) In cases involving conviction of any sexual offense against a child other than those
4299 offenses provided in Subsection (1), the court shall consider the circumstances described in
4300 Subsection (1) as advisory in determining whether or not execution of sentence should be
4301 suspended and probation granted. The defendant is not required to satisfy all of those
4302 circumstances for eligibility pursuant to this Subsection (8).
4303 Section 93. Section 76-5-407 is amended to read:
4304 76-5-407. Consensual conduct in marriage.
4305 [
4306 individuals married to each other.
4307 [
4308 [
4309
4310 [
4311
4312 [
4313
4314 [
4315 [
4316
4317 [
4318
4319 [
4320
4321 [
4322 [
4323 [
4324 [
4325
4326 [
4327 [
4328
4329 [
4330 [
4331
4332 [
4333 [
4334 [
4335
4336 Section 94. Section 76-5-412 is amended to read:
4337 76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations.
4338 (1) (a) As used in this section:
4339 [
4340 (A) a law enforcement officer, as defined in Section 53-13-103;
4341 [
4342 [
4343 [
4344 [
4345 Corrections or a county jail.
4346 (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4347 [
4348 or older, or a minor younger than 18 years [
4349 [
4350 the custody of the Department of Corrections created under Section 64-13-2, but who is being
4351 housed at the Utah State Hospital established under Section 62A-15-601 or other medical
4352 facility;
4353 [
4354 parolee or probationer; or
4355 [
4356 [
4357 contracts with the Department of Corrections or with a county jail to provide services or
4358 functions that are part of the operation of the Department of Corrections or a county jail under
4359 state or local law.
4360 (b) Terms defined in Section 76-1-101.5 apply to this section.
4361 (2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
4362 under Subsection [
4363 (i) under circumstances not amounting to commission of, or an attempt to commit, an
4364 offense under Subsection [
4365 (ii) (A) the actor knows that the individual is a person in custody; or
4366 (B) a reasonable person in the actor's position should have known under the
4367 circumstances that the individual was a person in custody.
4368 (b) Acts referred to in Subsection (2)(a) are:
4369 (i) having sexual intercourse with a person in custody;
4370 (ii) engaging in a sexual act with a person in custody involving the genitals of one
4371 individual and the mouth or anus of another individual; or
4372 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
4373 person in custody by any foreign object, substance, instrument, or device, including a part of
4374 the human body; and
4375 (B) intending to cause substantial emotional or bodily pain to any individual.
4376 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4377 relevant element of a violation of Subsection (2)(a).
4378 [
4379 (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
4380 years [
4381 (c) If the act committed under [
4382 to a greater penalty under another provision of state law than is provided under this Subsection
4383 [
4384 serious offense.
4385 [
4386 [
4387 [
4388
4389
4390 [
4391
4392
4393
4394 [
4395
4396 [
4397
4398 [
4399 [
4400
4401 [
4402
4403
4404 [
4405
4406
4407 [
4408
4409
4410 [
4411
4412 [
4413 [
4414 [
4415 Subsection 76-5-412.2(2)(a)(i) are:
4416 (a) Section 76-5-401, unlawful sexual activity with a minor;
4417 (b) Section 76-5-402, rape;
4418 (c) Section 76-5-402.1, rape of a child;
4419 (d) Section 76-5-402.2, object rape;
4420 (e) Section 76-5-402.3, object rape of a child;
4421 (f) Section 76-5-403, forcible sodomy;
4422 (g) Section 76-5-403.1, sodomy on a child;
4423 (h) Section 76-5-404, forcible sexual abuse;
4424 (i) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
4425 sexual abuse of a child; or
4426 (j) Section 76-5-405, aggravated sexual assault.
4427 [
4428 offense of custodial sexual relations under Subsection (2) [
4429
4430 is younger than 18 years [
4431 (i) mistakenly believed the person in custody to be 18 years [
4432 time of the alleged offense; or
4433 (ii) was unaware of the true age of the person in custody.
4434 (b) Consent of the person in custody is not a defense to any violation or attempted
4435 violation of Subsection (2) [
4436 [
4437 [
4438 Section 95. Section 76-5-412.2 is enacted to read:
4439 76-5-412.2. Custodial sexual misconduct -- Penalties -- Defenses.
4440 (1) (a) As used in this section:
4441 (i) "Actor" means the same as that term is defined in Section 76-5-412.
4442 (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4443 (iii) "Person in custody" means the same as that term is defined in Section 76-5-412.
4444 (iv) "Private provider or contractor" means the same as that term is defined in Section
4445 76-5-412.
4446 (b) Terms defined in Section 76-1-101.5 apply to this section.
4447 (2) (a) An actor commits custodial sexual misconduct if:
4448 (i) the actor commits any of the acts under Subsection (2)(b) under circumstances not
4449 amounting to commission of, or an attempt to commit, an offense under Subsection
4450 76-5-412(4); and
4451 (ii) (A) the actor knows that the individual is a person in custody; or
4452 (B) a reasonable person in the actor's position should have known under the
4453 circumstances that the individual was a person in custody.
4454 (b) Acts referred to in Subsection (2)(a) are the following acts when committed with
4455 the intent to cause substantial emotional or bodily pain to another individual or with the intent
4456 to arouse or gratify the sexual desire of any individual:
4457 (i) touching the anus, buttocks, pubic area, or any part of the genitals of a person in
4458 custody;
4459 (ii) touching the breast of a female person in custody; or
4460 (iii) otherwise taking indecent liberties with a person in custody.
4461 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4462 (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
4463 years old, a violation of Subsection (2) is a third degree felony.
4464 (c) If the act committed under Subsection (2) amounts to an offense subject to a greater
4465 penalty under another provision of state law than is provided under this Subsection (3), this
4466 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
4467 (4) (a) It is not a defense to the commission of, or attempt to commit, the offense
4468 described in Subsection (2) if the person in custody is younger than 18 years old, that the actor:
4469 (i) mistakenly believed the person in custody to be 18 years old or older at the time of
4470 the alleged offense; or
4471 (ii) was unaware of the true age of the person in custody.
4472 (b) Consent of the person in custody is not a defense to any violation or attempted
4473 violation of Subsection (2).
4474 (5) It is a defense that the commission by the actor of an act under Subsection (2) is the
4475 result of compulsion, as the defense is described in Subsection 76-2-302(1).
4476 Section 96. Section 76-5-413 is amended to read:
4477 76-5-413. Custodial sexual relations with youth receiving state services --
4478 Penalties -- Defenses and limitations.
4479 (1) (a) As used in this section:
4480 [
4481 [
4482 Section 62A-1-102, or an employee of a private provider or contractor; or
4483 [
4484 private provider or contractor.
4485 [
4486 62A-1-102.
4487 [
4488 78A-6-102.
4489 [
4490 contracts with the:
4491 [
4492 department; or
4493 [
4494 the juvenile court.
4495 [
4496 [
4497 (1)(a)(v)(B), who is:
4498 [
4499 [
4500 costs of these services is covered by public money; or
4501 [
4502 [
4503 Division of Child and Family Services; or
4504 [
4505 (b) Terms defined in Section 76-1-101.5 apply to this section.
4506 (2) (a) [
4507 an actor commits custodial sexual relations with a youth receiving state services if:
4508 (i) the actor commits any of the acts [
4509 (2)(b); and
4510 [
4511
4512 (ii) (A) the actor knows that the individual is a youth receiving state services; or
4513 (B) a reasonable person in the actor's position should have known under the
4514 circumstances that the individual was a youth receiving state services.
4515 (b) Acts referred to in Subsection (2)(a)(i) are:
4516 (i) having sexual intercourse with a youth receiving state services;
4517 (ii) engaging in any sexual act with a youth receiving state services involving the
4518 genitals of one individual and the mouth or anus of another individual; or
4519 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
4520 youth receiving state services by any foreign object, substance, instrument, or device, including
4521 a part of the human body; and
4522 (B) with the intent to cause substantial emotional or bodily pain to any individual or
4523 with the intent to arouse or gratify the sexual desire of any individual.
4524 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4525 relevant element of a violation of Subsection (2)(a).
4526 [
4527 (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
4528 than 18 years old, a violation of Subsection (2)[
4529 (c) If the act committed under [
4530 greater penalty under another provision of state law than is provided under this Subsection [
4531 (3), this Subsection [
4532 offense.
4533 [
4534 [
4535 [
4536
4537
4538 [
4539
4540
4541
4542
4543 [
4544
4545 [
4546
4547 [
4548 [
4549
4550 [
4551
4552
4553 [
4554
4555
4556 [
4557
4558
4559 [
4560
4561 [
4562 [
4563 [
4564 [
4565 [
4566 [
4567 [
4568 [
4569 [
4570 [
4571 [
4572 [
4573
4574 [
4575 (4) The offenses referred to in Subsection (2) are:
4576 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
4577 (b) rape, in violation of Section 76-5-402;
4578 (c) rape of a child, in violation of Section 76-5-402.1;
4579 (d) object rape, in violation of Section 76-5-402.2;
4580 (e) object rape of a child, in violation of Section 76-5-402.3;
4581 (f) forcible sodomy, in violation of Section 76-5-403;
4582 (g) sodomy on a child, in violation of Section 76-5-403.1;
4583 (h) forcible sexual abuse, in violation of Section 76-5-404;
4584 (i) sexual abuse of a child, in violation of Section 76-5-404.1;
4585 (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
4586 (k) aggravated sexual assault, in violation of Section 76-5-405; or
4587 (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
4588 [
4589 offense [
4590 Subsection (2) [
4591
4592 services is younger than 18 years old, that the actor:
4593 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
4594 the time of the alleged offense; or
4595 (ii) was unaware of the true age of the youth receiving state services.
4596 (b) Consent of the youth receiving state services is not a defense to any violation or
4597 attempted violation of Subsection (2) [
4598 [
4599 [
4600 Section 97. Section 76-5-413.2 is enacted to read:
4601 76-5-413.2. Custodial sexual misconduct with a youth receiving state services --
4602 Penalties -- Defenses and limitations.
4603 (1) (a) As used in this section:
4604 (i) "Actor" means the same as that term is defined in Section 76-5-413.
4605 (ii) "Department" means the same as that term is defined in Section 76-5-413.
4606 (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4607 (iv) "Juvenile court" means the same as that term is defined in Section 76-5-413.
4608 (v) "Private provider or contractor" means the same as that term is defined in Section
4609 76-5-413.
4610 (vi) "Youth receiving state services" means the same as that term is defined in Section
4611 76-5-413.
4612 (b) Terms defined in Section 76-1-101.5 apply to this section.
4613 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
4614 actor commits custodial sexual misconduct with a youth receiving state services if:
4615 (i) the actor commits any of the acts described in Subsection (2)(b); and
4616 (ii) (A) the actor knows that the individual is a youth receiving state services; or
4617 (B) a reasonable person in the actor's position should have known under the
4618 circumstances that the individual was a youth receiving state services.
4619 (b) Acts referred to in Subsection (2)(a) are the following acts when committed with
4620 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
4621 arouse or gratify the sexual desire of any individual:
4622 (i) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
4623 receiving state services;
4624 (ii) touching the breast of a female youth receiving state services; or
4625 (iii) otherwise taking indecent liberties with a youth receiving state services.
4626 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4627 relevant element of a violation of Subsection (2)(a).
4628 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4629 (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
4630 than 18 years old, a violation of Subsection (2) is a third degree felony.
4631 (c) If the act committed under Subsection (2) amounts to an offense subject to a greater
4632 penalty under another provision of state law than is provided under this Subsection (3), this
4633 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
4634 (4) The offenses referred to in Subsection (2) are:
4635 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
4636 (b) rape, in violation of Section 76-5-402;
4637 (c) rape of a child, in violation of Section 76-5-402.1;
4638 (d) object rape, in violation of Section 76-5-402.2;
4639 (e) object rape of a child, in violation of Section 76-5-402.3;
4640 (f) forcible sodomy, in violation of Section 76-5-403;
4641 (g) sodomy on a child, in violation of Section 76-5-403.1;
4642 (h) forcible sexual abuse, in violation of Section 76-5-404;
4643 (i) sexual abuse of a child, in violation of Section 76-5-404.1;
4644 (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
4645 (k) aggravated sexual assault, in violation of Section 76-5-405; or
4646 (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
4647 (5) (a) It is not a defense to the commission of, or an attempt to commit, the offense
4648 described in Subsection (2) if the youth receiving state services is younger than 18 years old,
4649 that the actor:
4650 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
4651 the time of the alleged offense; or
4652 (ii) was unaware of the true age of the youth receiving state services.
4653 (b) Consent of the youth receiving state services is not a defense to any violation or
4654 attempted violation of Subsection (2).
4655 (6) It is a defense that the commission by the actor of an act under Subsection (2) is the
4656 result of compulsion, as the defense is described in Subsection 76-2-302(1).
4657 Section 98. Section 76-5-701 is amended to read:
4658 76-5-701. Female genital mutilation definition.
4659 (1) As used in this part, [
4660 any procedure that involves partial or total removal of the external female genitalia, or any
4661 harmful procedure to the female genitalia, including:
4662 (a) clitoridectomy;
4663 (b) the partial or total removal of the clitoris or the prepuce;
4664 (c) excision or the partial or total removal of the clitoris and the labia minora, with or
4665 without excision of the labia majora;
4666 (d) infibulation or the narrowing of the vaginal orifice with the creation of a covering
4667 seal by cutting and appositioning the labia minora or the labia majora, with or without excision
4668 of the clitoris;
4669 (e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
4670 (f) any other actions intended to alter the structure or function of the female genitalia
4671 for non-medical reasons.
4672 (2) Female genital mutilation is considered a form of child abuse for mandatory
4673 reporting under Section 62A-4a-403.
4674 Section 99. Section 76-5-702 is amended to read:
4675 76-5-702. Prohibition on female genital mutilation -- Exceptions.
4676 [
4677 (1) Terms defined in Sections 76-1-101.5 and 76-5-701 apply to this section.
4678 (2) An actor commits female genital mutilation if the actor:
4679 (a) [
4680 years [
4681 (b) [
4682 76-5-701 to be performed on a female under 18 years [
4683 (c) [
4684 removal of a female under 18 years [
4685 the performance of a procedure described in Section 76-5-701 on the female.
4686 (3) A violation of Subsection (2) is a second degree felony.
4687 [
4688 described in Section 76-5-701 is required as a matter of religion, custom, ritual, or standard
4689 practice, or that the individual on whom it is performed or the individual's parent or guardian
4690 consented to the procedure.
4691 [
4692 procedure is performed by a physician licensed as a medical professional in the place it is
4693 performed and the procedure is:
4694 (a) medically advisable;
4695 (b) necessary to preserve or protect the physical health of the [
4696 whom it is performed; or
4697 (c) requested for sex reassignment surgery by the [
4698 performed.
4699 [
4700 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58,
4701 Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician
4702 Assistant Act, who is convicted of a violation of this section shall[
4703 permanently revoked by the appropriate licensing board.
4704 Section 100. Section 76-5-704 is amended to read:
4705 76-5-704. Civil cause of action.
4706 (1) [
4707 may bring a civil action in any court of competent jurisdiction for female genital mutilation any
4708 time within 10 years of:
4709 (a) the procedure being performed; or
4710 (b) the victim's 18th birthday.
4711 (2) The court may award actual, compensatory, and punitive damages, and any other
4712 appropriate relief.
4713 (3) A prevailing plaintiff shall be awarded attorney fees and costs.
4714 (4) Treble damages may be awarded if the plaintiff proves the defendant's acts were
4715 willful and malicious.
4716 (5) If a health care provider is charged and prosecuted for a violation of Section
4717 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under
4718 this section.
4719 Section 101. Section 76-5b-103 is amended to read:
4720 76-5b-103. Definitions.
4721 As used in this chapter:
4722 (1) "Child pornography" means any visual depiction, including any live performance,
4723 photograph, film, video, picture, or computer or computer-generated image or picture, whether
4724 made or produced by electronic, mechanical, or other means, of sexually explicit conduct,
4725 where:
4726 (a) the production of the visual depiction involves the use of a minor engaging in
4727 sexually explicit conduct;
4728 (b) the visual depiction is of a minor engaging in sexually explicit conduct; or
4729 (c) the visual depiction has been created, adapted, or modified to appear that an
4730 identifiable minor is engaging in sexually explicit conduct.
4731 (2) "Distribute" means the selling, exhibiting, displaying, wholesaling, retailing,
4732 providing, giving, granting admission to, or otherwise transferring or presenting child
4733 pornography or vulnerable adult pornography with or without consideration.
4734 (3) "Identifiable minor" means a person:
4735 (a) (i) who was a minor at the time the visual depiction was created, adapted, or
4736 modified; or
4737 (ii) whose image as a minor was used in creating, adapting, or modifying the visual
4738 depiction; and
4739 (b) who is recognizable as an actual person by the person's face, likeness, or other
4740 distinguishing characteristic, such as a birthmark, or other recognizable feature.
4741 (4) "Identifiable vulnerable adult" means a person:
4742 (a) (i) who was a vulnerable adult at the time the visual depiction was created, adapted,
4743 or modified; or
4744 (ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the
4745 visual depiction; and
4746 (b) who is recognizable as an actual person by the person's face, likeness, or other
4747 distinguishing characteristic, such as a birthmark, or other recognizable feature.
4748 (5) "Lacks capacity to consent" is as defined in [
4749 76-5-111.4.
4750 (6) "Live performance" means any act, play, dance, pantomime, song, or other activity
4751 performed by live actors in person.
4752 (7) "Minor" means a person younger than 18 years [
4753 (8) "Nudity or partial nudity" means any state of dress or undress in which the human
4754 genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is
4755 less than completely and opaquely covered.
4756 (9) "Produce" means:
4757 (a) the photographing, filming, taping, directing, producing, creating, designing, or
4758 composing of child pornography or vulnerable adult pornography; or
4759 (b) the securing or hiring of persons to engage in the photographing, filming, taping,
4760 directing, producing, creating, designing, or composing of child pornography or vulnerable
4761 adult pornography.
4762 (10) "Sexually explicit conduct" means actual or simulated:
4763 (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
4764 whether between persons of the same or opposite sex;
4765 (b) masturbation;
4766 (c) bestiality;
4767 (d) sadistic or masochistic activities;
4768 (e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any
4769 person;
4770 (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual
4771 arousal of any person;
4772 (g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
4773 (h) the explicit representation of the defecation or urination functions.
4774 (11) "Simulated sexually explicit conduct" means a feigned or pretended act of
4775 sexually explicit conduct which duplicates, within the perception of an average person, the
4776 appearance of an actual act of sexually explicit conduct.
4777 (12) "Vulnerable adult" is as defined in Subsection 76-5-111(1).
4778 (13) "Vulnerable adult pornography" means any visual depiction, including any live
4779 performance, photograph, film, video, picture, or computer or computer-generated image or
4780 picture, whether made or produced by electronic, mechanical, or other means, of sexually
4781 explicit conduct, where:
4782 (a) the production of the visual depiction involves the use of a vulnerable adult
4783 engaging in sexually explicit conduct;
4784 (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct;
4785 or
4786 (c) the visual depiction has been created, adapted, or modified to appear that an
4787 identifiable vulnerable adult is engaging in sexually explicit conduct.
4788 Section 102. Section 76-5b-201 is amended to read:
4789 76-5b-201. Sexual exploitation of a minor -- Offenses.
4790 (1) Terms defined in Section 76-1-101.5 apply to this section.
4791 [
4792 (a) when the [
4793 (i) knowingly produces, possesses, or possesses with intent to distribute child
4794 pornography; or
4795 (ii) intentionally distributes or views child pornography; or
4796 (b) if the [
4797 or permits the minor to be sexually exploited as described in Subsection [
4798 [
4799 (3) (a) (i) A violation of Subsection (2) is a second degree felony.
4800 [
4801 violation of Subsection (2) for knowingly producing child pornography is a first degree felony
4802 if the [
4803 involves:
4804 [
4805 a violation of:
4806 [
4807 [
4808 [
4809 [
4810 [
4811 [
4812 [
4813 [
4814 (4) (a) It is an affirmative defense to a charge of violating this section that no minor
4815 was actually depicted in the visual depiction or used in producing or advertising the visual
4816 depiction.
4817 (b) For a charge of violating this section for knowingly possessing or intentionally
4818 viewing child pornography, it is an affirmative defense that:
4819 (i) the defendant:
4820 (A) did not solicit the child pornography from the minor depicted in the child
4821 pornography;
4822 (B) is not more than two years older than the minor depicted in the child pornography;
4823 and
4824 (C) upon request of a law enforcement agent or the minor depicted in the child
4825 pornography, removes from an electronic device or destroys the child pornography and all
4826 copies of the child pornography in the defendant's possession; and
4827 (ii) the child pornography does not depict an offense under [
4828 4, Sexual Offenses.
4829 (5) In proving a violation of this section in relation to an identifiable minor, proof of
4830 the actual identity of the identifiable minor is not required.
4831 (6) This section may not be construed to impose criminal or civil liability on:
4832 (a) an entity or an employee, director, officer, or agent of an entity when acting within
4833 the scope of employment, for the good faith performance of:
4834 (i) reporting or data preservation duties required under federal or state law; or
4835 (ii) implementing a policy of attempting to prevent the presence of child pornography
4836 on tangible or intangible property, or of detecting and reporting the presence of child
4837 pornography on the property;
4838 (b) a law enforcement officer acting within the scope of a criminal investigation;
4839 (c) an employee of a court who may be required to view child pornography during the
4840 course of and within the scope of the employee's employment;
4841 (d) a juror who may be required to view child pornography during the course of the
4842 individual's service as a juror;
4843 (e) an attorney or employee of an attorney who is required to view child pornography
4844 during the course of a judicial process and while acting within the scope of employment;
4845 (f) an employee of the Department of Human Services who is required to view child
4846 pornography within the scope of the employee's employment; or
4847 (g) an attorney who is required to view child pornography within the scope of the
4848 attorney's responsibility to represent the Department of Human Services, including the
4849 divisions and offices within the Department of Human Services.
4850 Section 103. Section 76-5b-202 is amended to read:
4851 76-5b-202. Sexual exploitation of a vulnerable adult -- Offenses.
4852 (1) Terms defined in Section 76-1-101.5 apply to this section.
4853 [
4854 adult if the [
4855 (a) (i) (A) knowingly produces, possesses, or possesses with intent to distribute
4856 material that the [
4857 (B) intentionally distributes or views material that the [
4858 vulnerable adult pornography; and
4859 (ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult
4860 pornography lacks capacity to consent to the conduct described in Subsection [
4861 (b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the
4862 vulnerable adult to be, sexually exploited as described in Subsection [
4863 [
4864 third degree felony.
4865 [
4866 [
4867 [
4868 adult pornography.
4869 (4) It is an affirmative defense to a charge of violating this section that no vulnerable
4870 adult was actually depicted in the visual depiction or used in producing or advertising the
4871 visual depiction.
4872 (5) In proving a violation of this section in relation to an identifiable vulnerable adult,
4873 proof of the actual identity of the identifiable vulnerable adult is not required.
4874 (6) This section may not be construed to impose criminal or civil liability on:
4875 (a) any entity or an employee, director, officer, or agent of an entity, when acting
4876 within the scope of employment, for the good faith performance of:
4877 (i) reporting or data preservation duties required under any federal or state law; or
4878 (ii) implementing a policy of attempting to prevent the presence of vulnerable adult
4879 pornography on any tangible or intangible property, or of detecting and reporting the presence
4880 of vulnerable adult pornography on the property; or
4881 (b) any law enforcement officer acting within the scope of a criminal investigation.
4882 Section 104. Section 76-5b-203 is amended to read:
4883 76-5b-203. Distribution of an intimate image -- Penalty.
4884 (1) (a) As used in this section:
4885 [
4886 providing, giving, granting admission to, providing access to, or otherwise transferring or
4887 presenting an image to another individual, with or without consideration.
4888 [
4889 recording, picture, or computer or computer-generated image or picture, whether made or
4890 produced by electronic, mechanical, or other means, that depicts:
4891 [
4892 opaque covering;
4893 [
4894 female breast below the top of the areola; or
4895 [
4896 [
4897 [
4898 oral-anal, whether between persons of the same or opposite sex;
4899 [
4900 [
4901 [
4902 [
4903 individual;
4904 [
4905 [
4906 breast; or
4907 [
4908 [
4909 sexually explicit conduct that duplicates, within the perception of an average person, the
4910 appearance of an actual act of sexually explicit conduct.
4911 (v) "Single criminal episode" means the same as that term is defined in Section
4912 76-1-401.
4913 (b) Terms defined in Section 76-1-101.5 apply to this section.
4914 (2) (a) An actor commits the offense of distribution of an intimate image if:
4915 (i) the actor knowingly or intentionally distributes to a third party, or knowingly
4916 duplicates or copies an intimate image of an individual who is 18 years old or older and knows
4917 or should know that the distribution, duplication or copying would cause a reasonable person to
4918 suffer emotional distress or harm;
4919 (ii) the actor has not received consent from the individual depicted in the image to
4920 distribute the intimate image;
4921 (iii) the intimate image was created by or provided to the actor under circumstances in
4922 which the individual depicted in the image has a reasonable expectation of privacy; and
4923 (iv) except as provided in Subsection (2)(b), actual emotional distress or harm is
4924 caused to the individual depicted in the image as a result of the distribution.
4925 (b) Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a)
4926 if:
4927 (i) the individual depicted in the intimate image was the victim of a crime;
4928 (ii) the intimate image was provided to law enforcement as part of an investigation or
4929 prosecution of a crime committed against the victim;
4930 (iii) the intimate image was distributed without a legitimate law enforcement or
4931 investigative purpose by an individual who had access to the intimate image due to the
4932 individual's association with the investigation or prosecution described in Subsection (2)(b)(ii);
4933 and
4934 (iv) the victim is incapacitated or deceased.
4935 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4936 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
4937 felony on a second or subsequent conviction for an offense under this section that does not
4938 arise from a single criminal episode.
4939 [
4940 (a) except as provided in Section 76-5b-203.5:
4941 (i) lawful practices of law enforcement agencies;
4942 (ii) prosecutorial agency functions;
4943 (iii) the reporting of a criminal offense;
4944 (iv) court proceedings or any other judicial proceeding; or
4945 (v) lawful and generally accepted medical practices and procedures;
4946 (b) an intimate image if the individual portrayed in the image voluntarily allows public
4947 exposure of the image;
4948 (c) an intimate image that is portrayed in a lawful commercial setting; or
4949 (d) an intimate image that is related to a matter of public concern or interest.
4950 [
4951 computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
4952 communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
4953 information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
4954 commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
4955 in 47 U.S.C. Sec. 522, if:
4956 (i) the distribution of an intimate image by the Internet service provider occurs only
4957 incidentally through the provider's function of:
4958 (A) transmitting or routing data from one person to another person; or
4959 (B) providing a connection between one person and another person;
4960 (ii) the provider does not intentionally aid or abet in the distribution of the intimate
4961 image; and
4962 (iii) the provider does not knowingly receive from or through a person who distributes
4963 the intimate image a fee greater than the fee generally charged by the provider, as a specific
4964 condition for permitting the person to distribute the intimate image.
4965 (b) This section does not apply to a hosting company, as defined in Section
4966 76-10-1230, if:
4967 (i) the distribution of an intimate image by the hosting company occurs only
4968 incidentally through the hosting company's function of providing data storage space or data
4969 caching to a person;
4970 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
4971 of the intimate image; and
4972 (iii) the hosting company does not knowingly receive from or through a person who
4973 distributes the intimate image a fee greater than the fee generally charged by the provider, as a
4974 specific condition for permitting the person to distribute, store, or cache the intimate image.
4975 (c) A service provider, as defined in Section 76-10-1230, is not negligent under this
4976 section if it complies with Section 76-10-1231.
4977 [
4978
4979 [
4980
4981
4982 Section 105. Section 76-5b-203.5 is amended to read:
4983 76-5b-203.5. Misuse of intimate image during a criminal action.
4984 (1) (a) As used in this section[
4985 (i) "Criminal action" means the same as that term is defined in Section 77-1-3.
4986 (ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.
4987 (b) Terms defined in Section 76-1-101.5 apply to this section.
4988 [
4989 criminal action if the actor:
4990 (a) obtains access to an intimate image in the course of a criminal action [
4991
4992 (b) intentionally [
4993 shares the intimate image, unless:
4994 [
4995 for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter
4996 involving the intimate image;
4997 [
4998 permission to display, duplicate, copy, or share the intimate image; or
4999 [
5000 circumstances in which the depicted individual has a reasonable expectation of privacy.
5001 (3) [
5002 (a) a class A misdemeanor for a first offense; or
5003 (b) a third degree felony for each subsequent offense.
5004 (4) Nothing in this section precludes an agency that employs an individual who is
5005 involved in a criminal action from establishing internal policies for an individual's violation of
5006 this section.
5007 Section 106. Section 76-5b-204 is amended to read:
5008 76-5b-204. Sexual extortion -- Penalties.
5009 (1) (a) As used in this section:
5010 [
5011 [
5012 [
5013 [
5014 76-5b-203.
5015 [
5016 [
5017 [
5018 [
5019 [
5020 in Section 76-5b-203.
5021 [
5022 76-5-111.
5023 (b) Terms defined in Section 76-1-101.5 apply to this section.
5024 (2) (a) An [
5025 extortion if the [
5026 [
5027 explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute
5028 an image, video, or other recording of any individual naked or engaged in sexually explicit
5029 conduct, communicates in person or by electronic means a threat:
5030 [
5031 [
5032 [
5033 conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any
5034 image, video, or other recording of any individual naked or engaged in sexually explicit
5035 conduct by means of a threat:
5036 [
5037 [
5038 (b) An actor commits aggravated sexual extortion when, in conjunction with the
5039 offense described in Subsection (2)(a), any of the following circumstances have been charged
5040 and admitted or found true in the action for the offense:
5041 (i) the victim is a child or vulnerable adult;
5042 (ii) the offense was committed by the use of a dangerous weapon or by violence,
5043 intimidation, menace, fraud, or threat of physical harm, or was committed during the course of
5044 a kidnapping;
5045 (iii) the actor caused bodily injury or severe psychological injury to the victim during
5046 or as a result of the offense;
5047 (iv) the actor was a stranger to the victim or became a friend of the victim for the
5048 purpose of committing the offense;
5049 (v) the actor, before sentencing for the offense, was previously convicted of any sexual
5050 offense;
5051 (vi) the actor occupied a position of special trust in relation to the victim;
5052 (vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
5053 sexual acts by the victim with any other individual, or sexual performance by the victim before
5054 any other individual, human trafficking, or human smuggling; or
5055 (viii) the actor caused the penetration, however slight, of the genital or anal opening of
5056 the victim by any part or parts of the human body, or by any other object.
5057 (3) (a) (i) [
5058 [
5059 victim is an adult is a second degree felony.
5060 [
5061 victim is a child or a vulnerable adult is a first degree felony.
5062 [
5063
5064
5065 [
5066 [
5067
5068
5069 [
5070
5071 [
5072
5073 [
5074
5075 [
5076 [
5077
5078
5079 [
5080
5081 [
5082 [
5083 Subsection (2)(a); and
5084 [
5085 outlined in Subsection (2)(a).
5086 [
5087 convicted of a separate criminal act if the [
5088 while the [
5089 [
5090 subject to liability under this section related to content provided by a user of the interactive
5091 computer service.
5092 Section 107. Section 76-5b-205 is amended to read:
5093 76-5b-205. Unlawful distribution of a counterfeit intimate image -- Penalty.
5094 (1) (a) As used in this section:
5095 [
5096 [
5097 video, recording, picture, or computer or computer-generated image or picture, whether made
5098 or produced by electronic, mechanical, or other means, that has been edited, manipulated, or
5099 altered to depict the likeness of an identifiable individual and purports to, or is made to appear
5100 to, depict that individual's:
5101 [
5102 opaque covering;
5103 [
5104 female breast below the top of the areola; or
5105 [
5106 explicit conduct.
5107 [
5108 [
5109 76-5b-203.
5110 [
5111 in Section 76-5b-203.
5112 (vi) "Single criminal episode" means the same as that term is defined in Section
5113 76-1-401.
5114 (b) Terms defined in Section 76-1-101.5 apply to this section.
5115 (2) (a) An actor commits the offense of unlawful distribution of a counterfeit intimate
5116 image if the actor knowingly or intentionally distributes a counterfeit intimate image that the
5117 actor knows or should reasonably know would cause a reasonable person to suffer emotional or
5118 physical distress or harm, if:
5119 [
5120 counterfeit intimate image; and
5121 [
5122 the knowledge and consent of the depicted individual.
5123 [
5124 counterfeit intimate image if, in committing the offense described in Subsection (2)(a), the
5125 individual depicted in the counterfeit intimate image is a child.
5126 (3) (a) (i) A violation of Subsection (2)(a) that is knowing or intentional is a class A
5127 misdemeanor.
5128 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is
5129 knowing or intentional is a third degree felony on a second or subsequent conviction for an
5130 offense under this section that does not arise from a single criminal episode.
5131 (b) (i) A violation of Subsection (2)(b) that is knowing or intentional is a third degree
5132 felony.
5133 (ii) Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is
5134 knowing or intentional is a second degree felony on a second or subsequent conviction for an
5135 offense under this section that does not arise from a single criminal episode.
5136 (c) This section does not apply to an actor who engages in conduct that constitutes a
5137 violation of this section to the extent that the actor is chargeable, for the same conduct, under
5138 Section 76-5b-201, sexual exploitation of a minor.
5139 (4) This section does not apply to:
5140 (a) (i) lawful practices of law enforcement agencies;
5141 (ii) prosecutorial agency functions;
5142 (iii) the reporting of a criminal offense;
5143 (iv) court proceedings or any other judicial proceeding; or
5144 (v) lawful and generally accepted medical practices and procedures;
5145 (b) a counterfeit intimate image if the individual portrayed in the image voluntarily
5146 allows public exposure of the image;
5147 (c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
5148 (d) a counterfeit intimate image that is related to a matter of public concern or interest
5149 or protected by the First Amendment to the United States Constitution or Article I, Sections 1
5150 and 15 of the Utah Constitution.
5151 (5) (a) This section does not apply to an Internet service provider or interactive
5152 computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
5153 communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
5154 information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
5155 commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
5156 in 47 U.S.C. Sec. 522, if:
5157 (i) the distribution of a counterfeit intimate image by the Internet service provider
5158 occurs only incidentally through the provider's function of:
5159 (A) transmitting or routing data from one person to another person; or
5160 (B) providing a connection between one person and another person;
5161 (ii) the provider does not intentionally aid or abet in the distribution of the counterfeit
5162 intimate image; and
5163 (iii) the provider does not knowingly receive from or through a person who distributes
5164 the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a
5165 specific condition for permitting the person to distribute the counterfeit intimate image.
5166 (b) This section does not apply to a hosting company, as defined in Section
5167 76-10-1230, if:
5168 (i) the distribution of a counterfeit intimate image by the hosting company occurs only
5169 incidentally through the hosting company's function of providing data storage space or data
5170 caching to a person;
5171 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
5172 of the counterfeit intimate image;
5173 (iii) the hosting company does not knowingly receive from or through a person who
5174 distributes the counterfeit intimate image a fee greater than the fee generally charged by the
5175 provider, as a specific condition for permitting the person to distribute, store, or cache the
5176 counterfeit intimate image; and
5177 (iv) the hosting company immediately removes the counterfeit intimate image upon
5178 notice from a law enforcement agency, prosecutorial agency, or the individual purportedly
5179 depicted in the counterfeit intimate image.
5180 (c) A service provider, as defined in Section 76-10-1230, is not negligent under this
5181 section if it complies with Section 76-10-1231.
5182 [
5183
5184
5185 [
5186
5187 [
5188
5189
5190 [
5191
5192 [
5193
5194
5195 Section 108. Section 76-6-102 is amended to read:
5196 76-6-102. Arson.
5197 (1) A person is guilty of arson if, under circumstances not amounting to aggravated
5198 arson, the person by means of fire or explosives unlawfully and intentionally damages:
5199 (a) any property with intention of defrauding an insurer; or
5200 (b) the property of another.
5201 (2) A violation of Subsection (1)(a) is a second degree felony.
5202 (3) A violation of Subsection (1)(b) is a second degree felony if:
5203 (a) the damage caused is or exceeds $5,000 in value;
5204 (b) as a proximate result of the fire or explosion, any person not a participant in the
5205 offense suffers serious bodily injury as defined in Section [
5206 (c) (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
5207 (ii) at the time of the offense the actor has been previously convicted of a violation of
5208 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5209 commission of the violation of Subsection (1)(b).
5210 (4) A violation of Subsection (1)(b) is a third degree felony if:
5211 (a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
5212 (b) as a proximate result of the fire or explosion, any person not a participant in the
5213 offense suffers substantial bodily injury as defined in Section [
5214 (c) the fire or explosion endangers human life; or
5215 (d) (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and
5216 (ii) at the time of the offense the actor has been previously convicted of a violation of
5217 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5218 commission of the violation of Subsection (1)(b).
5219 (5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage caused:
5220 (a) is or exceeds $500 but is less than $1,500 in value; or
5221 (b) (i) is less than $500; and
5222 (ii) at the time of the offense the actor has been previously convicted of a violation of
5223 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5224 commission of the violation of Subsection (1)(b).
5225 (6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage caused is
5226 less than $500.
5227 Section 109. Section 76-6-203 is amended to read:
5228 76-6-203. Aggravated burglary.
5229 (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing
5230 from a burglary the actor or another participant in the crime:
5231 (a) causes bodily injury to any person who is not a participant in the crime;
5232 (b) uses or threatens the immediate use of a dangerous weapon against any person who
5233 is not a participant in the crime; or
5234 (c) possesses or attempts to use any explosive or dangerous weapon.
5235 (2) Aggravated burglary is a first degree felony.
5236 (3) As used in this section, "dangerous weapon" has the same definition as under
5237 Section [
5238 Section 110. Section 76-6-302 is amended to read:
5239 76-6-302. Aggravated robbery.
5240 (1) A person commits aggravated robbery if in the course of committing robbery, he:
5241 (a) uses or threatens to use a dangerous weapon as defined in Section [
5242 76-1-101.5;
5243 (b) causes serious bodily injury upon another; or
5244 (c) takes or attempts to take an operable motor vehicle.
5245 (2) Aggravated robbery is a first degree felony.
5246 (3) For the purposes of this part, an act shall be considered to be "in the course of
5247 committing a robbery" if it occurs in an attempt to commit, during the commission of, or in the
5248 immediate flight after the attempt or commission of a robbery.
5249 Section 111. Section 76-7-101 is amended to read:
5250 76-7-101. Bigamy -- Penalty -- Defense.
5251 (1) An individual is guilty of bigamy if:
5252 (a) the individual purports to marry another individual; and
5253 (b) knows or reasonably should know that one or both of the individuals described in
5254 Subsection (1)(a) are legally married to another individual.
5255 (2) An individual who violates Subsection (1) is guilty of an infraction.
5256 (3) An individual is guilty of a third degree felony if the individual induces bigamy:
5257 (a) under fraudulent or false pretenses; or
5258 (b) by threat or coercion.
5259 (4) An individual is guilty of a second degree felony if the individual:
5260 (a) cohabitates with another individual with whom the individual is engaged in bigamy
5261 as described in Subsection (1); and
5262 (b) in furtherance of the conduct described in Subsection (4)(a), commits a felony
5263 offense, or for Subsection (4)(b)[
5264 more of the following:
5265 (i) Section 76-5-109, child abuse;
5266 (ii) Section 76-5-109.2, aggravated child abuse;
5267 (iii) Section 76-5-109.3, child abandonment;
5268 (iv) Section 76-5-111, abuse of a vulnerable adult;
5269 (v) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
5270 (vi) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
5271 (vii) Section 76-5-111.4, financial exploitation of a vulnerable adult.
5272 [
5273 (ix) Section 76-5-208, child abuse homicide;
5274 [
5275 [
5276 [
5277 [
5278 [
5279 [
5280 [
5281 (xiii) Section 76-9-702.1, sexual battery;
5282 [
5283 [
5284 (5) It is a defense to prosecution under Subsection (2) that:
5285 (a) the individual ceased the practice of bigamy as described in Subsection (1) under
5286 reasonable fear of coercion or bodily harm;
5287 (b) the individual entered the practice of bigamy, as described in Subsection (1), as a
5288 minor and ceased the practice of bigamy at any time after the individual entered the practice of
5289 bigamy; or
5290 (c) law enforcement discovers that the individual practices bigamy, as described in
5291 Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another
5292 individual.
5293 Section 112. Section 76-7-305 is amended to read:
5294 76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
5295 -- Exceptions.
5296 (1) A person may not perform an abortion, unless, before performing the abortion, the
5297 physician who will perform the abortion obtains from the woman on whom the abortion is to
5298 be performed a voluntary and informed written consent that is consistent with:
5299 (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
5300 Current Opinions; and
5301 (b) the provisions of this section.
5302 (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
5303 informed only if, at least 72 hours before the abortion:
5304 (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
5305 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
5306 physician's assistant presents the information module to the pregnant woman;
5307 (b) the pregnant woman views the entire information module and presents evidence to
5308 the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
5309 information module;
5310 (c) after receiving the evidence described in Subsection (2)(b), the individual described
5311 in Subsection (2)(a):
5312 (i) documents that the pregnant woman viewed the entire information module;
5313 (ii) gives the pregnant woman, upon her request, a copy of the documentation
5314 described in Subsection (2)(c)(i); and
5315 (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
5316 who is to perform the abortion, upon request of that physician or the pregnant woman;
5317 (d) after the pregnant woman views the entire information module, the physician who
5318 is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
5319 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
5320 physician's assistant, in a face-to-face consultation in any location in the state, orally informs
5321 the woman of:
5322 (i) the nature of the proposed abortion procedure;
5323 (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
5324 fetus;
5325 (iii) the risks and alternatives to the abortion procedure or treatment;
5326 (iv) the options and consequences of aborting a medication-induced abortion, if the
5327 proposed abortion procedure is a medication-induced abortion;
5328 (v) the probable gestational age and a description of the development of the unborn
5329 child at the time the abortion would be performed;
5330 (vi) the medical risks associated with carrying her child to term;
5331 (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
5332 woman, upon her request; and
5333 (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
5334 child has or may have Down syndrome, the Department of Health website containing the
5335 information described in Section 26-10-14, including the information on the informational
5336 support sheet; and
5337 (e) after the pregnant woman views the entire information module, a staff member of
5338 the abortion clinic or hospital provides to the pregnant woman:
5339 (i) on a document that the pregnant woman may take home:
5340 (A) the address for the department's website described in Section 76-7-305.5; and
5341 (B) a statement that the woman may request, from a staff member of the abortion clinic
5342 or hospital where the woman viewed the information module, a printed copy of the material on
5343 the department's website;
5344 (ii) a printed copy of the material on the department's website described in Section
5345 76-7-305.5, if requested by the pregnant woman; and
5346 (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
5347 disposition of the aborted fetus.
5348 (3) Before performing an abortion, the physician who is to perform the abortion shall:
5349 (a) in a face-to-face consultation, provide the information described in Subsection
5350 (2)(d), unless the attending physician or referring physician is the individual who provided the
5351 information required under Subsection (2)(d); and
5352 (b) (i) obtain from the pregnant woman a written certification that the information
5353 required to be provided under Subsection (2) and this Subsection (3) was provided in
5354 accordance with the requirements of Subsection (2) and this Subsection (3);
5355 (ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
5356 (iii) ensure that:
5357 (A) the woman has received the information described in Subsections 26-21-33(3) and
5358 (4); and
5359 (B) if the woman has a preference for the disposition of the aborted fetus, the woman
5360 has informed the health care facility of the woman's decision regarding the disposition of the
5361 aborted fetus.
5362 (4) When a serious medical emergency compels the performance of an abortion, the
5363 physician shall inform the woman prior to the abortion, if possible, of the medical indications
5364 supporting the physician's judgment that an abortion is necessary.
5365 (5) If an ultrasound is performed on a woman before an abortion is performed, the
5366 individual who performs the ultrasound, or another qualified individual, shall:
5367 (a) inform the woman that the ultrasound images will be simultaneously displayed in a
5368 manner to permit her to:
5369 (i) view the images, if she chooses to view the images; or
5370 (ii) not view the images, if she chooses not to view the images;
5371 (b) simultaneously display the ultrasound images in order to permit the woman to:
5372 (i) view the images, if she chooses to view the images; or
5373 (ii) not view the images, if she chooses not to view the images;
5374 (c) inform the woman that, if she desires, the person performing the ultrasound, or
5375 another qualified person shall provide a detailed description of the ultrasound images,
5376 including:
5377 (i) the dimensions of the unborn child;
5378 (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
5379 (iii) the presence of external body parts or internal organs, if present and viewable; and
5380 (d) provide the detailed description described in Subsection (5)(c), if the woman
5381 requests it.
5382 (6) The information described in Subsections (2), (3), and (5) is not required to be
5383 provided to a pregnant woman under this section if the abortion is performed for a reason
5384 described in:
5385 (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
5386 concur, in writing, that the abortion is necessary to avert:
5387 (i) the death of the woman on whom the abortion is performed; or
5388 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
5389 of the woman on whom the abortion is performed; or
5390 (b) Subsection 76-7-302(3)(b)(ii).
5391 (7) In addition to the criminal penalties described in this part, a physician who violates
5392 the provisions of this section:
5393 (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
5394 and
5395 (b) shall be subject to:
5396 (i) suspension or revocation of the physician's license for the practice of medicine and
5397 surgery in accordance with Section 58-67-401 or 58-68-401; and
5398 (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
5399 (8) A physician is not guilty of violating this section for failure to furnish any of the
5400 information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
5401 (a) the physician can demonstrate by a preponderance of the evidence that the
5402 physician reasonably believed that furnishing the information would have resulted in a severely
5403 adverse effect on the physical or mental health of the pregnant woman;
5404 (b) in the physician's professional judgment, the abortion was necessary to avert:
5405 (i) the death of the woman on whom the abortion is performed; or
5406 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
5407 of the woman on whom the abortion is performed;
5408 (c) the pregnancy was the result of rape or rape of a child, as [
5409 Sections 76-5-402 and 76-5-402.1;
5410 (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
5411 Section 76-7-102; or
5412 (e) at the time of the abortion, the pregnant woman was 14 years [
5413 younger.
5414 (9) A physician who complies with the provisions of this section and Section
5415 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
5416 informed consent under Section 78B-3-406.
5417 (10) (a) The department shall provide an ultrasound, in accordance with the provisions
5418 of Subsection (5)(b), at no expense to the pregnant woman.
5419 (b) A local health department shall refer a pregnant woman who requests an ultrasound
5420 described in Subsection (10)(a) to the department.
5421 (11) A physician is not guilty of violating this section if:
5422 (a) the information described in Subsection (2) is provided less than 72 hours before
5423 the physician performs the abortion; and
5424 (b) in the physician's professional judgment, the abortion was necessary in a case
5425 where:
5426 (i) a ruptured membrane, documented by the attending or referring physician, will
5427 cause a serious infection; or
5428 (ii) a serious infection, documented by the attending or referring physician, will cause a
5429 ruptured membrane.
5430 Section 113. Section 76-8-309 is amended to read:
5431 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
5432 (1) (a) (i) A prisoner is guilty of escape if the prisoner leaves official custody without
5433 lawful authorization.
5434 (ii) If a prisoner obtains authorization to leave official custody by means of deceit,
5435 fraud, or other artifice, the prisoner has not received lawful authorization.
5436 (b) Escape under this Subsection (1) is a third degree felony except as provided under
5437 Subsection (1)(c).
5438 (c) Escape under this Subsection (1) is a second degree felony if:
5439 (i) the actor escapes from a state prison; or
5440 (ii) (A) the actor is convicted as a party to the offense, as defined in Section 76-2-202;
5441 and
5442 (B) the actor is an employee at or a volunteer of a law enforcement agency, the
5443 Department of Corrections, a county or district attorney's office, the office of the state attorney
5444 general, the Board of Pardons and Parole, or the courts, the Judicial Council, the
5445 Administrative Office of the Courts, or similar administrative units in the judicial branch of
5446 government.
5447 (2) (a) A prisoner is guilty of aggravated escape if in the commission of an escape the
5448 prisoner uses a dangerous weapon, as defined in Section [
5449 serious bodily injury to another.
5450 (b) Aggravated escape is a first degree felony.
5451 (3) Any prison term imposed upon a prisoner for escape under this section shall run
5452 consecutively with any other sentence.
5453 (4) For the purposes of this section:
5454 (a) "Confinement" means the prisoner is:
5455 (i) housed in a state prison or any other facility pursuant to a contract with the Utah
5456 Department of Corrections after being sentenced and committed and the sentence has not been
5457 terminated or voided or the prisoner is not on parole;
5458 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county
5459 jail after sentencing and commitment and the sentence has not been terminated or voided or the
5460 prisoner is not on parole; or
5461 (iii) lawfully detained following arrest.
5462 (b) "Escape" is considered to be a continuing activity commencing with the conception
5463 of the design to escape and continuing until the escaping prisoner is returned to official custody
5464 or the prisoner's attempt to escape is thwarted or abandoned.
5465 (c) "Official custody" means arrest, whether with or without warrant, or confinement in
5466 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
5467 pursuant to an order of the court or sentenced and committed and the sentence has not been
5468 terminated or voided or the prisoner is not on parole. A person is considered confined in the
5469 state prison if the person:
5470 (i) without authority fails to return to the person's place of confinement from work
5471 release or home visit by the time designated for return;
5472 (ii) is in prehearing custody after arrest for parole violation;
5473 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract
5474 with the Department of Corrections; or
5475 (iv) is being transported as a prisoner in the state prison by correctional officers.
5476 (d) "Prisoner" means any person who is in official custody and includes persons under
5477 trusty status.
5478 (e) "Volunteer" means any person who donates service without pay or other
5479 compensation except expenses actually and reasonably incurred as approved by the supervising
5480 agency.
5481 Section 114. Section 76-8-316 is amended to read:
5482 76-8-316. Influencing, impeding, or retaliating against a judge or member of the
5483 Board of Pardons and Parole or acting against a family member of a judge or a member
5484 of the Board of Pardons and Parole.
5485 (1) As used in this section:
5486 (a) "Board member" means an appointed member of the Board of Pardons and Parole.
5487 (b) "Family member" means parents, spouse, surviving spouse, children, and siblings
5488 of a judge or board member.
5489 (c) "Judge" means judges of all courts of record and courts not of record and court
5490 commissioners.
5491 (2) A person is guilty of a third degree felony if the person threatens to assault, kidnap,
5492 or murder a judge, a family member of a judge, a board member, or a family member of a
5493 board member with the intent to impede, intimidate, or interfere with the judge or board
5494 member while engaged in the performance of the judge's or board member's official duties or
5495 with the intent to retaliate against the judge or board member on account of the performance of
5496 those official duties.
5497 (3) A person is guilty of a second degree felony if the person commits an assault on a
5498 judge, a family member of a judge, a board member, or a family member of a board member
5499 with the intent to impede, intimidate, or interfere with the judge or board member while
5500 engaged in the performance of the judge's or board member's official duties, or with the intent
5501 to retaliate against the judge or board member on account of the performance of those official
5502 duties.
5503 (4) A person is guilty of a first degree felony if the person commits aggravated assault
5504 on a judge, a family member of a judge, a board member, or a family member of a board
5505 member with the intent to impede, intimidate, or interfere with the judge or board member
5506 while engaged in the performance of the judge's or board member's official duties or with the
5507 intent to retaliate against the judge or board member on account of the performance of those
5508 official duties.
5509 (5) A person is guilty of a first degree felony if the person commits attempted murder
5510 on a family member of a judge or a family member of a board member with the intent to
5511 impede, intimidate, or interfere with the judge or board member while engaged in the
5512 performance of the judge's or board member's official duties or with the intent to retaliate
5513 against the judge or board member on account of the performance of those official duties.
5514 (6) A member of the Board of Pardons and Parole is an executive officer for purposes
5515 of Subsection 76-5-202[
5516 Section 115. Section 76-8-318 is amended to read:
5517 76-8-318. Assault or threat of violence against child welfare worker -- Penalty.
5518 (1) As used in this section:
5519 (a) "Assault" means the same as that term is defined in Section 76-5-102.
5520 (b) "Child welfare worker" means an employee of the Division of Child and Family
5521 Services created in Section 62A-4a-103.
5522 (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
5523 (2) An individual who commits an assault or threat of violence against a child welfare
5524 worker is guilty of a class A misdemeanor if:
5525 (a) the individual is not:
5526 (i) a prisoner or an individual detained under Section 77-7-15; or
5527 (ii) a minor in the custody of or receiving services from a division within the
5528 Department of Human Services;
5529 (b) the individual knew that the victim was a child welfare worker; and
5530 (c) the child welfare worker was acting within the scope of the child welfare worker's
5531 authority at the time of the assault or threat of violence.
5532 (3) An individual who violates this section is guilty of a third degree felony if the
5533 individual:
5534 (a) causes substantial bodily injury, as defined in Section [
5535 (b) acts intentionally or knowingly.
5536 Section 116. Section 76-9-101 is amended to read:
5537 76-9-101. Riot -- Penalties.
5538 (1) An individual is guilty of riot if the individual:
5539 (a) simultaneously with two or more other individuals engages in violent conduct,
5540 knowingly or recklessly creating a substantial risk of causing public alarm;
5541 (b) assembles with two or more other individuals with the purpose of engaging, soon
5542 thereafter, in violent conduct, knowing, that two or more other individuals in the assembly have
5543 the same purpose; or
5544 (c) assembles with two or more other individuals with the purpose of committing an
5545 offense against a person, or the property of another person who the individual supposes to be
5546 guilty of a violation of law, believing that two or more other individuals in the assembly have
5547 the same purpose.
5548 (2) Any individual who refuses to comply with a lawful order to withdraw prior to,
5549 during, or immediately following a violation of Subsection (1) is guilty of riot. It is no defense
5550 to a prosecution under this Subsection (2) that withdrawal must take place over private
5551 property; provided, however, that an individual who withdraws in compliance with an order to
5552 withdraw may not incur criminal or civil liability by virtue of acts reasonably necessary to
5553 accomplish the withdrawal.
5554 (3) Except as provided in Subsection (4), riot is a class B misdemeanor.
5555 (4) Riot is a third degree felony if, in the course of the conduct:
5556 (a) the individual causes substantial or serious bodily injury;
5557 (b) the individual causes substantial property damage or commits arson; or
5558 (c) the individual was in possession of a dangerous weapon as defined in Section
5559 [
5560 (5) An individual arrested for a violation of Subsection (4) may not be released from
5561 custody before the individual appears before a magistrate or a judge.
5562 (6) The court shall order a defendant convicted under Subsection (4) to pay restitution
5563 in accordance with Section 77-38b-205.
5564 Section 117. Section 76-9-702 is amended to read:
5565 76-9-702. Lewdness.
5566 (1) A person is guilty of lewdness if the person under circumstances not amounting to
5567 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
5568 abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
5569 [
5570 76-5-412.2, custodial sexual relations with youth receiving state services under Section
5571 76-5-413, custodial sexual misconduct with youth receiving state services under Section
5572 76-5-413.2, or an attempt to commit any of these offenses, performs any of the following acts
5573 in a public place or under circumstances which the person should know will likely cause
5574 affront or alarm to, on, or in the presence of another who is 14 years [
5575 (a) an act of sexual intercourse or sodomy;
5576 (b) exposes his or her genitals, the female breast below the top of the areola, the
5577 buttocks, the anus, or the pubic area;
5578 (c) masturbates; or
5579 (d) any other act of lewdness.
5580 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
5581 guilty of a class B misdemeanor, except under Subsection (2)(b).
5582 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
5583 if at the time of the violation:
5584 (i) the person is a sex offender as defined in Section 77-27-21.7;
5585 (ii) the person has been previously convicted two or more times of violating Subsection
5586 (1); or
5587 (iii) the person has previously been convicted of a violation of Subsection (1) and has
5588 also previously been convicted of a violation of Section 76-9-702.5.
5589 (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102(17), a plea of
5590 guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77,
5591 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
5592 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
5593 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
5594 (3) A woman's breast feeding, including breast feeding in any location where the
5595 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
5596 irrespective of whether or not the breast is covered during or incidental to feeding.
5597 Section 118. Section 76-9-702.1 is amended to read:
5598 76-9-702.1. Sexual battery.
5599 (1) A person is guilty of sexual battery if the person, under circumstances not
5600 amounting to an offense under Subsection (2), intentionally touches, whether or not through
5601 clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of a
5602 female person, and the actor's conduct is under circumstances the actor knows or should know
5603 will likely cause affront or alarm to the person touched.
5604 (2) Offenses referred to in Subsection (1) are:
5605 (a) rape, Section 76-5-402;
5606 (b) rape of a child, Section 76-5-402.1;
5607 (c) object rape, Section 76-5-402.2;
5608 (d) object rape of a child, Section 76-5-402.3;
5609 (e) forcible sodomy, Subsection 76-5-403(2);
5610 (f) sodomy on a child, Section 76-5-403.1;
5611 (g) forcible sexual abuse, Section 76-5-404;
5612 (h) sexual abuse of a child, [
5613 (i) aggravated sexual abuse of a child, [
5614 (j) aggravated sexual assault, Section 76-5-405; and
5615 (k) an attempt to commit any offense under this Subsection (2).
5616 (3) Sexual battery is a class A misdemeanor.
5617 (4) For purposes of Subsection 77-41-102(17) only, a plea of guilty or nolo contendere
5618 to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in
5619 Abeyance, is the equivalent of a conviction. This Subsection (4) also applies if the charge
5620 under this section has been subsequently reduced or dismissed in accordance with the plea in
5621 abeyance agreement.
5622 Section 119. Section 76-9-804 is amended to read:
5623 76-9-804. Convicted criminal gang offender -- Prohibition.
5624 (1) A person who has been convicted of a crime for which the penalty was enhanced
5625 under Section 76-3-203.1 may not, except where a greater penalty is applicable under this title,
5626 possess a dangerous weapon as defined in either Section [
5627 ammunition, or a facsimile of a firearm within five years after the conviction.
5628 (2) A violation of Subsection (1) is a class A misdemeanor.
5629 Section 120. Section 76-9-1003 is amended to read:
5630 76-9-1003. Detention or arrest -- Determination of immigration status.
5631 (1) (a) Except as provided in Subsection (1)(b), (c), or (d), any law enforcement officer
5632 who, acting in the enforcement of any state law or local ordinance, conducts any lawful stop,
5633 detention, or arrest of a person as specified in Subsection (1)(a)(i) or (ii), and the person is
5634 unable to provide to the law enforcement officer a document listed in Subsection 76-9-1004(1)
5635 and the officer is otherwise unable to verify the identity of the person, the officer:
5636 (i) shall request verification of the citizenship or the immigration status of the person
5637 under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection (1)(b), (c), or (d), if the
5638 person is arrested for an alleged offense that is a class A misdemeanor or a felony; and
5639 (ii) may attempt to verify the immigration status of the person, except as exempted
5640 under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except
5641 that if the person is arrested and booked for a class B or C misdemeanor, the arresting law
5642 enforcement officer or the law enforcement agency booking the person shall attempt to verify
5643 the immigration status of the person.
5644 (b) In individual cases, the law enforcement officer may forego the verification of
5645 immigration status under Subsection (1)(a) if the determination could hinder or obstruct a
5646 criminal investigation.
5647 (c) Subsection (1)(a) does not apply to a law enforcement officer who is acting as a
5648 school resource officer for any elementary or secondary school.
5649 (d) Subsection (1)(a) does not apply to a county or municipality when it has only one
5650 law enforcement officer on duty and response support from another law enforcement agency is
5651 not available.
5652 (2) When a law enforcement officer makes a lawful stop, detention, or arrest under
5653 Subsection (1) of the operator of a vehicle, and while investigating or processing the primary
5654 offense, the officer makes observations that give the officer reasonable suspicion that the
5655 operator or any of the passengers in the vehicle are violating Section 76-5-308, 76-5-308.1,
5656 76-5-308.3, 76-5-308.5, 76-5-310, 76-5-310.1, or 76-10-2901, which concern smuggling,
5657 human trafficking, and transporting illegal aliens, the officer shall, to the extent possible within
5658 a reasonable period of time:
5659 (a) detain the occupants of the vehicle to investigate the suspected violations; and
5660 (b) inquire regarding the immigration status of the occupants of the vehicle.
5661 (3) When a person under Subsection (1) is arrested or booked into a jail, juvenile
5662 detention facility, or correctional facility, the arresting officer or the booking officer shall
5663 ensure that a request for verification of immigration status of the arrested or booked person is
5664 submitted as promptly as is reasonably possible.
5665 (4) The law enforcement agency that has custody of a person verified to be an illegal
5666 alien shall request that the United States Department of Homeland Security issue a detainer
5667 requesting transfer of the illegal alien into federal custody.
5668 (5) A law enforcement officer may not consider race, color, or national origin in
5669 implementing this section, except to the extent permitted by the constitutions of the United
5670 States and this state.
5671 Section 121. Section 76-10-1302 is amended to read:
5672 76-10-1302. Prostitution.
5673 (1) An individual except for a child under Section 76-10-1315 is guilty of prostitution
5674 when the individual:
5675 (a) engages, offers, or agrees to engage in any sexual activity with another individual
5676 for a fee, or the functional equivalent of a fee;
5677 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
5678 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5679 or the functional equivalent of a fee; or
5680 (c) loiters in or within view of any public place for the purpose of being hired to
5681 engage in sexual activity.
5682 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
5683 a class B misdemeanor.
5684 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
5685 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
5686 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
5687 a class A misdemeanor.
5688 (3) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
5689 the individual engages in a violation of Subsection (1) at or near the time the individual
5690 witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
5691 following offenses, and the individual reports the offense or attempt to law enforcement in
5692 good faith:
5693 (a) assault, Section 76-5-102;
5694 (b) aggravated assault, Section 76-5-103;
5695 (c) mayhem, Section 76-5-105;
5696 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
5697 homicide, or homicide by assault under [
5698 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
5699 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
5700 trafficking of a child under [
5701 Smuggling;
5702 (f) rape, Section 76-5-402;
5703 (g) rape of a child, Section 76-5-402.1;
5704 (h) object rape, Section 76-5-402.2;
5705 (i) object rape of a child, Section 76-5-402.3;
5706 (j) forcible sodomy, Section 76-5-403;
5707 (k) sodomy on a child, Section 76-5-403.1;
5708 (l) forcible sexual abuse, Section 76-5-404;
5709 (m) [
5710 or aggravated sexual abuse of a child, Section 76-5-404.3;
5711 (n) aggravated sexual assault, Section 76-5-405;
5712 (o) sexual exploitation of a minor, Section 76-5b-201;
5713 (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
5714 (q) aggravated burglary or burglary of a dwelling under [
5715 Burglary and Criminal Trespass;
5716 (r) aggravated robbery or robbery under [
5717 (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
5718 Section 122. Section 76-10-1306 is amended to read:
5719 76-10-1306. Aggravated exploitation of prostitution.
5720 (1) A person is guilty of aggravated exploitation if:
5721 (a) in committing an act of exploiting prostitution, as defined in Section 76-10-1305,
5722 the person uses any force, threat, or fear against any person;
5723 (b) the person procured, transported, or persuaded or with whom the person shares the
5724 proceeds of prostitution is a child or is the spouse of the actor; or
5725 (c) in the course of committing exploitation of prostitution, a violation of Section
5726 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section
5727 76-5-308, 76-5-308.1, 76-5-308.3, or 76-5-308.5.
5728 (2) Aggravated exploitation of prostitution is a second degree felony, except under
5729 Subsection (3).
5730 (3) Aggravated exploitation of prostitution involving a child is a first degree felony.
5731 (4) Upon a conviction for a violation of this section, the court shall order the maximum
5732 fine amount and may not waive or suspend the fine.
5733 Section 123. Section 76-10-1313 is amended to read:
5734 76-10-1313. Sexual solicitation -- Penalty.
5735 (1) An individual except for a child under Section 76-10-1315 is guilty of sexual
5736 solicitation when the individual:
5737 (a) offers or agrees to commit any sexual activity with another individual for a fee, or
5738 the functional equivalent of a fee;
5739 (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
5740 individual to commit any sexual activity; or
5741 (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
5742 or to pay another individual to commit any sexual activity for a fee or the functional equivalent
5743 of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any
5744 of the following acts:
5745 (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the
5746 female breast below the top of the areola;
5747 (ii) masturbation;
5748 (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the
5749 female breast; or
5750 (iv) any act of lewdness.
5751 (2) An intent to engage in sexual activity for a fee may be inferred from an individual's
5752 engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
5753 any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
5754 (3) Except as provided in Section 76-10-1309 and Subsections (4) and (5), an
5755 individual who is convicted of sexual solicitation under this section or under a local ordinance
5756 adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor.
5757 (4) An individual who is convicted a third time under this section or a local ordinance
5758 adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
5759 (5) If an individual commits an act of sexual solicitation and the individual solicited is
5760 a child, the offense is a third degree felony if the solicitation does not amount to:
5761 (a) a violation of Section 76-5-308, 76-5-308.1, or 76-5-308.5, human trafficking or
5762 Section 76-5-308.3, human smuggling; or
5763 (b) a violation of Section 76-5-310, aggravated human trafficking or Section
5764 76-5-310.1, aggravated human smuggling.
5765 (6) (a) Upon encountering a child engaged in commercial sex or sexual solicitation, a
5766 law enforcement officer shall follow the procedure described in Subsection 76-10-1315(2).
5767 (b) A child engaged in commercial sex or sexual solicitation shall be referred to the
5768 Division of Child and Family Services for services and may not be subjected to delinquency
5769 proceedings.
5770 (7) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
5771 the individual engages in a violation of Subsection (1) at or near the time the individual
5772 witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses
5773 described in Subsection 76-10-1302(3), and the individual reports the offense or attempt to law
5774 enforcement in good faith.
5775 Section 124. Section 76-10-1315 is amended to read:
5776 76-10-1315. Safe harbor for children as victims in commercial sex or sexual
5777 solicitation.
5778 (1) As used in this section:
5779 (a) "Child engaged in commercial sex" means a child who:
5780 (i) engages, offers, or agrees to engage in any sexual activity with another individual
5781 for a fee, or the functional equivalent of a fee;
5782 (ii) takes steps in arranging a meeting through any form of advertising, agreeing to
5783 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5784 or the functional equivalent of a fee; or
5785 (iii) loiters in or within view of any public place for the purpose of being hired to
5786 engage in sexual activity.
5787 (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
5788 commit or engage in any sexual activity with another person for a fee or the functional
5789 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
5790 (c) "Division" means the Division of Child and Family Services created in Section
5791 62A-4a-103.
5792 (d) "Juvenile receiving center" means the same as that term is defined in Section
5793 80-1-102.
5794 (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
5795 enforcement officer shall:
5796 (a) conduct an investigation regarding possible human trafficking of the child pursuant
5797 to Sections 76-5-308, 76-5-308.1, and 76-5-308.5;
5798 (b) refer the child to the division;
5799 (c) bring the child to a juvenile receiving center, if available; and
5800 (d) contact the child's parent or guardian, if practicable.
5801 (3) When law enforcement refers a child to the division under Subsection (2)(b) the
5802 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
5803 Services.
5804 (4) A child may not be subjected to delinquency proceedings for prostitution under
5805 Section 76-10-1302, or sex solicitation under Section 76-10-1313.
5806 Section 125. Section 76-10-1504 is amended to read:
5807 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
5808 dangerous weapon -- Penalties.
5809 (1) (a) A person is guilty of bus hijacking if the person seizes or exercises control, by
5810 force or violence or threat of force or violence, of a bus within the state.
5811 (b) Bus hijacking is a first degree felony.
5812 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if the
5813 person intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or
5814 any other person in control of a bus so as to interfere with the performance of duties by the
5815 person.
5816 (b) Assault with the intent to commit bus hijacking is a second degree felony.
5817 (3) A person who, in the commission of assault with intent to commit bus hijacking,
5818 uses a dangerous weapon, as defined in Section [
5819 degree felony.
5820 Section 126. Section 76-10-1602 is amended to read:
5821 76-10-1602. Definitions.
5822 As used in this part:
5823 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
5824 business trust, association, or other legal entity, and any union or group of individuals
5825 associated in fact although not a legal entity, and includes illicit as well as licit entities.
5826 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
5827 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
5828 have the same or similar purposes, results, participants, victims, or methods of commission, or
5829 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
5830 demonstrate continuing unlawful conduct and be related either to each other or to the
5831 enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
5832 occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
5833 activity as defined by this part shall have occurred within five years of the commission of the
5834 next preceding act alleged as part of the pattern.
5835 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
5836 interest in property, including state, county, and local governmental entities.
5837 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
5838 command, encourage, or intentionally aid another person to engage in conduct which would
5839 constitute any offense described by the following crimes or categories of crimes, or to attempt
5840 or conspire to engage in an act which would constitute any of those offenses, regardless of
5841 whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
5842 or a felony:
5843 (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
5844 Recording Practices Act;
5845 (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
5846 Code, Sections 19-1-101 through 19-7-109;
5847 (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
5848 purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
5849 Code of Utah, or Section 23-20-4;
5850 (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
5851 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
5852 (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
5853 Offenses and Procedure Act;
5854 (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
5855 Land Sales Practices Act;
5856 (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
5857 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
5858 Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
5859 Clandestine Drug Lab Act;
5860 (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
5861 Securities Act;
5862 (i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
5863 Procurement Code;
5864 (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
5865 (k) a threat of terrorism, Section 76-5-107.3;
5866 (l) a criminal homicide[
5867 described in Section 76-5-201;
5868 (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
5869 (n) human trafficking, human trafficking of a child, human smuggling, or aggravated
5870 human trafficking, Sections 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-309, and
5871 76-5-310;
5872 (o) sexual exploitation of a minor, Section 76-5b-201;
5873 (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
5874 (q) causing a catastrophe, Section 76-6-105;
5875 (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
5876 (s) burglary of a vehicle, Section 76-6-204;
5877 (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
5878 (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
5879 (v) theft, Section 76-6-404;
5880 (w) theft by deception, Section 76-6-405;
5881 (x) theft by extortion, Section 76-6-406;
5882 (y) receiving stolen property, Section 76-6-408;
5883 (z) theft of services, Section 76-6-409;
5884 (aa) forgery, Section 76-6-501;
5885 (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, 76-6-506.5, and
5886 76-6-506.6;
5887 (cc) deceptive business practices, Section 76-6-507;
5888 (dd) bribery or receiving bribe by person in the business of selection, appraisal, or
5889 criticism of goods, Section 76-6-508;
5890 (ee) bribery of a labor official, Section 76-6-509;
5891 (ff) defrauding creditors, Section 76-6-511;
5892 (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512;
5893 (hh) unlawful dealing with property by fiduciary, Section 76-6-513;
5894 (ii) bribery or threat to influence contest, Section 76-6-514;
5895 (jj) making a false credit report, Section 76-6-517;
5896 (kk) criminal simulation, Section 76-6-518;
5897 (ll) criminal usury, Section 76-6-520;
5898 (mm) fraudulent insurance act, Section 76-6-521;
5899 (nn) retail theft, Section 76-6-602;
5900 (oo) computer crimes, Section 76-6-703;
5901 (pp) identity fraud, Section 76-6-1102;
5902 (qq) mortgage fraud, Section 76-6-1203;
5903 (rr) sale of a child, Section 76-7-203;
5904 (ss) bribery to influence official or political actions, Section 76-8-103;
5905 (tt) threats to influence official or political action, Section 76-8-104;
5906 (uu) receiving bribe or bribery by public servant, Section 76-8-105;
5907 (vv) receiving bribe or bribery for endorsement of person as public servant, Section
5908 76-8-106;
5909 (ww) official misconduct, Sections 76-8-201 and 76-8-202;
5910 (xx) obstruction of justice, Section 76-8-306;
5911 (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
5912 (zz) false or inconsistent material statements, Section 76-8-502;
5913 (aaa) false or inconsistent statements, Section 76-8-503;
5914 (bbb) written false statements, Section 76-8-504;
5915 (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
5916 (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3;
5917 (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
5918 (fff) tampering with evidence, Section 76-8-510.5;
5919 (ggg) falsification or alteration of government record, Section 76-8-511, if the record is
5920 a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
5921 Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
5922 Disclosure and Regulation Act;
5923 (hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or
5924 76-8-1205;
5925 (iii) unemployment insurance fraud, Section 76-8-1301;
5926 (jjj) intentionally or knowingly causing one animal to fight with another, Subsection
5927 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5928 (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
5929 parts, Section 76-10-306;
5930 (lll) delivery to common carrier, mailing, or placement on premises of an incendiary
5931 device, Section 76-10-307;
5932 (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507;
5933 (nnn) unlawful marking of pistol or revolver, Section 76-10-521;
5934 (ooo) alteration of number or mark on pistol or revolver, Section 76-10-522;
5935 (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
5936 76-10-1002;
5937 (qqq) selling goods under counterfeited trademark, trade name, or trade devices,
5938 Section 76-10-1003;
5939 (rrr) sales in containers bearing registered trademark of substituted articles, Section
5940 76-10-1004;
5941 (sss) selling or dealing with article bearing registered trademark or service mark with
5942 intent to defraud, Section 76-10-1006;
5943 (ttt) gambling, Section 76-10-1102;
5944 (uuu) gambling fraud, Section 76-10-1103;
5945 (vvv) gambling promotion, Section 76-10-1104;
5946 (www) possessing a gambling device or record, Section 76-10-1105;
5947 (xxx) confidence game, Section 76-10-1109;
5948 (yyy) distributing pornographic material, Section 76-10-1204;
5949 (zzz) inducing acceptance of pornographic material, Section 76-10-1205;
5950 (aaaa) dealing in harmful material to a minor, Section 76-10-1206;
5951 (bbbb) distribution of pornographic films, Section 76-10-1222;
5952 (cccc) indecent public displays, Section 76-10-1228;
5953 (dddd) prostitution, Section 76-10-1302;
5954 (eeee) aiding prostitution, Section 76-10-1304;
5955 (ffff) exploiting prostitution, Section 76-10-1305;
5956 (gggg) aggravated exploitation of prostitution, Section 76-10-1306;
5957 (hhhh) communications fraud, Section 76-10-1801;
5958 (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
5959 Currency Transaction Reporting Act;
5960 (jjjj) vehicle compartment for contraband, Section 76-10-2801;
5961 (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
5962 this state; and
5963 (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
5964 Sec. 1961(1)(B), (C), and (D).
5965 Section 127. Repealer.
5966 This bill repeals:
5967 Section 76-5-210, Targeting a law enforcement officer defined.
5968 Section 76-5-306, Lesser included offenses.
5969 Section 76-5-416, Indecent liberties -- Definition.
5970 Section 128. Revisor instructions.
5971 The Legislature intends that the Office of Legislative Research and General Counsel, in
5972 preparing the Utah Code database for publication, not enroll this bill if S.B. 124, Criminal
5973 Code Recodification Cross References, does not pass.
5973a Ŝ→ Section 129. Coordinating S.B. 123 with H.B. 29 --Technical amendment.
5973b If this S.B. 123 and H.B. 29, Driving Offenses Amendments, both pass and become law, it is the
5973c intent of the Legislature that this coordination clause supersede the coordination clause in H.B.
5973d 29 for Subsection 76-5-201(2) and that the Office of Legislative Research and General Counsel
5973e prepare the Utah Code database for publication by amending Subsection 76-5-201(2) to read:
5973f "(2) The following are criminal homicide:
5973g (a) aggravated murder;☆
5973h ☆(b) murder;
5973i (c) manslaughter;
5973j (d) child abuse homicide;
5973k (e) homicide by assault;
5973l (f) negligent homicide; and
5973m (g) negligently operating a vehicle resulting in death.". ←Ŝ