2
3
4
5
6 Cosponsor:
7 Todd D. Weiler
8
9 LONG TITLE
10 General Description:
11 This bill modifies Title 76, Chapters 5 and 5b by redrafting offense statutes into a new
12 structure and clarifies existing law.
13 Highlighted Provisions:
14 This bill:
15 ▸ reorders language in offense statutes into a standardized format;
16 ▸ adds "semen" to list of bodily fluids to offenses concerning propelling an object or
17 substance;
18 ▸ clarifies language that certain employees and volunteers are included in the offense
19 concerning the propelling of an object or substance at a correctional or peace
20 officer;
21 ▸ reorganizes the offenses of child abuse, aggravated child abuse, and child
22 abandonment into three separate statutes;
23 ▸ removes the defense concerning reasonable discipline or management of a child
24 from the offense of aggravated child abuse;
25 ▸ removes the defense concerning treatment options for a child's medical condition
26 from the offense of child abandonment;
27 ▸ removes the defense concerning use of physical restraint or force on a child from
28 the offense of child abandonment;
29 ▸ reorganizes the offenses of abuse of a vulnerable adult, aggravated abuse of a
30 vulnerable adult, personal dignity exploitation of a vulnerable adult, and financial
31 exploitation of a vulnerable adult into four separate statutes;
32 ▸ removes the exemption concerning reliance on nonmedical healing from the
33 offenses of personal dignity exploitation of a vulnerable adult and financial
34 exploitation of a vulnerable adult;
35 ▸ modifies provisions of the criminal homicide statute to clarify that criminal
36 homicide is not a stand-alone offense but a general term for the collective
37 enumerated homicide offenses;
38 ▸ defines "criminal homicide";
39 ▸ for clarity, reenacts special mitigation provisions within respective offense statutes
40 and directs a court to enter the respective judgment of conviction if special
41 mitigation is established;
42 ▸ for clarity, reenacts imperfect self-defense provisions and directs a court to enter the
43 respective judgment of conviction if the defense is established;
44 ▸ amends special mitigation provisions to clarify that the jury must, consistent with
45 Utah Constitution, Article I, Section 10, unanimously find that the elements of the
46 offense are proven beyond a reasonable doubt;
47 ▸ repeals statute defining "targeting a law enforcement officer" and reenacts within
48 relevant provision;
49 ▸ for the offenses of unlawful sexual activity with a minor and unlawful adolescent
50 sexual activity, amends limiting offenses to include an attempt of a limiting offense;
51 ▸ for the offense of forcible sexual assault, amends limiting offenses to include an
52 attempted object rape;
53 ▸ reorganizes the offenses of sexual abuse of a child and aggravated sexual abuse of a
54 child by enacting aggravated sexual abuse as a stand-alone statute;
55 ▸ repeals and reenacts within relevant offense statutes provisions qualifying
56 commission of sexual penetration and touch;
57 ▸ reorganizes the offenses of custodial sexual relations and custodial sexual
58 misconduct by enacting custodial sexual misconduct as a stand-alone statute;
59 ▸ reorganizes the offenses of custodial sexual relations or misconduct with youth
60 receiving state services and custodial sexual misconduct with a youth receiving state
61 services by enacting custodial sexual misconduct with a youth receiving state
62 services as a stand-alone statute;
63 ▸ repeals statute defining "indecent liberties" and reenacts within relevant provision;
64 ▸ creates three new sections from the human trafficking and smuggling sections;
65 ▸ repeals section regarding lesser included offenses of kidnapping and unlawful
66 detention;
67 ▸ removes mentally incompetent language from kidnapping statute and replaces it
68 with dependent adult;
69 ▸ adds caretaker to the list of persons without whose consent a dependent adult may
70 not be held against their will;
71 ▸ narrows the definition of conviction for custodial interference; and
72 ▸ makes technical and conforming changes.
73 Money Appropriated in this Bill:
74 None
75 Other Special Clauses:
76 This bill provides a coordination clause.
77 This bill provides revisor instructions.
78 Utah Code Sections Affected:
79 AMENDS:
80 76-1-301, as last amended by Laws of Utah 2019, Chapter 26
81 76-2-304.5, as last amended by Laws of Utah 2016, Chapter 194
82 76-2-401, as last amended by Laws of Utah 2000, Chapter 126
83 76-2-402, as last amended by Laws of Utah 2019, Chapter 201
84 76-2-404, as last amended by Laws of Utah 2021, Chapters 150 and 260
85 76-2-408, as last amended by Laws of Utah 2021, Chapter 150
86 76-3-202, as last amended by Laws of Utah 2018, Chapter 334
87 76-3-203.2, as last amended by Laws of Utah 2011, Chapter 91
88 76-3-203.5, as last amended by Laws of Utah 2013, Chapter 278
89 76-3-203.6, as last amended by Laws of Utah 2020, Chapter 346
90 76-3-203.7, as last amended by Laws of Utah 2007, Chapter 339
91 76-3-203.8, as last amended by Laws of Utah 2004, Chapter 276
92 76-3-203.10, as enacted by Laws of Utah 2010, Chapter 359
93 76-3-203.13, as enacted by Laws of Utah 2018, Chapter 394
94 76-3-406, as last amended by Laws of Utah 2021, Chapters 260 and 262
95 76-4-401, as last amended by Laws of Utah 2019, Chapter 200
96 76-5-101, as last amended by Laws of Utah 2003, Chapter 171
97 76-5-102, as last amended by Laws of Utah 2015, Chapter 430
98 76-5-102.3, as last amended by Laws of Utah 2017, Chapter 123
99 76-5-102.4, as last amended by Laws of Utah 2017, Chapters 62 and 123
100 76-5-102.5, as enacted by Laws of Utah 1974, Chapter 32
101 76-5-102.6, as last amended by Laws of Utah 2019, Chapter 36
102 76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
103 76-5-102.8, as last amended by Laws of Utah 2010, Chapter 222
104 76-5-102.9, as enacted by Laws of Utah 2013, Chapter 153
105 76-5-103, as last amended by Laws of Utah 2017, Chapters 388 and 454
106 76-5-103.5, as last amended by Laws of Utah 2020, Chapter 346
107 76-5-104, as last amended by Laws of Utah 1997, Chapter 83
108 76-5-105, as enacted by Laws of Utah 1973, Chapter 196
109 76-5-106, as last amended by Laws of Utah 1995, Chapter 300
110 76-5-106.5, as last amended by Laws of Utah 2020, Chapter 142
111 76-5-107, as last amended by Laws of Utah 2015, Chapter 430
112 76-5-107.1, as last amended by Laws of Utah 2021, Chapter 262
113 76-5-107.3, as last amended by Laws of Utah 2013, Chapter 39
114 76-5-107.5, as last amended by Laws of Utah 2011, Chapter 340
115 76-5-108, as last amended by Laws of Utah 2021, Chapter 262
116 76-5-109, as last amended by Laws of Utah 2017, Chapter 388
117 76-5-110, as last amended by Laws of Utah 2021, Chapter 262
118 76-5-111, as last amended by Laws of Utah 2019, Chapter 281
119 76-5-112, as enacted by Laws of Utah 1999, Chapter 66
120 76-5-112.5, as last amended by Laws of Utah 2020, Chapter 132
121 76-5-113, as last amended by Laws of Utah 2010, Chapter 276
122 76-5-201, as last amended by Laws of Utah 2010, Chapter 13
123 76-5-202, as last amended by Laws of Utah 2018, Chapter 343
124 76-5-203, as last amended by Laws of Utah 2009, Chapters 125 and 206
125 76-5-205, as last amended by Laws of Utah 2018, Chapter 372
126 76-5-205.5, as last amended by Laws of Utah 2019, Chapter 312
127 76-5-206, as last amended by Laws of Utah 2010, Chapter 157
128 76-5-207, as last amended by Laws of Utah 2017, Chapter 283
129 76-5-207.5, as last amended by Laws of Utah 2012, Chapter 193
130 76-5-208, as last amended by Laws of Utah 2008, Chapter 152
131 76-5-209, as enacted by Laws of Utah 1995, Chapter 291
132 76-5-301, as last amended by Laws of Utah 2001, Chapter 301
133 76-5-301.1, as last amended by Laws of Utah 2013, Chapter 81
134 76-5-302, as last amended by Laws of Utah 2020, Chapter 298
135 76-5-303, as last amended by Laws of Utah 2021, Chapter 343
136 76-5-303.5, as enacted by Laws of Utah 2010, Chapter 374
137 76-5-304, as last amended by Laws of Utah 2019, Chapter 106
138 76-5-305, as last amended by Laws of Utah 2019, Chapter 26
139 76-5-307, as last amended by Laws of Utah 2013, Chapters 196 and 278
140 76-5-308, as last amended by Laws of Utah 2020, Chapter 108
141 76-5-308.5, as last amended by Laws of Utah 2020, Chapter 108
142 76-5-309, as last amended by Laws of Utah 2021, Chapter 241
143 76-5-310, as last amended by Laws of Utah 2021, Chapter 241
144 76-5-311, as last amended by Laws of Utah 2020, Chapter 108
145 76-5-401, as last amended by Laws of Utah 2020, Chapter 108
146 76-5-401.1, as last amended by Laws of Utah 2020, Chapter 108
147 76-5-401.2, as last amended by Laws of Utah 2018, Chapters 192 and 394
148 76-5-401.3, as last amended by Laws of Utah 2021, Chapter 262
149 76-5-402, as last amended by Laws of Utah 2013, Chapter 81
150 76-5-402.1, as last amended by Laws of Utah 2017, Chapter 290
151 76-5-402.2, as last amended by Laws of Utah 2013, Chapter 81
152 76-5-402.3, as last amended by Laws of Utah 2017, Chapter 290
153 76-5-403, as last amended by Laws of Utah 2019, Chapter 189
154 76-5-403.1, as last amended by Laws of Utah 2017, Chapter 290
155 76-5-404, as last amended by Laws of Utah 2019, Chapter 189
156 76-5-404.1, as last amended by Laws of Utah 2019, Chapter 146
157 76-5-405, as last amended by Laws of Utah 2013, Chapter 81
158 76-5-406.3, as enacted by Laws of Utah 1996, Chapter 40
159 76-5-406.5, as last amended by Laws of Utah 2004, Chapter 213
160 76-5-407, as last amended by Laws of Utah 2019, Chapters 189 and 378
161 76-5-412, as last amended by Laws of Utah 2018, Chapter 192
162 76-5-413, as last amended by Laws of Utah 2021, Chapter 262
163 76-5-701, as enacted by Laws of Utah 2019, Chapter 398
164 76-5-702, as last amended by Laws of Utah 2020, Chapter 354
165 76-5-704, as enacted by Laws of Utah 2019, Chapter 398
166 76-5b-103, as last amended by Laws of Utah 2013, Chapter 290
167 76-5b-201, as last amended by Laws of Utah 2021, Chapter 262
168 76-5b-202, as enacted by Laws of Utah 2011, Chapter 320
169 76-5b-203, as last amended by Laws of Utah 2021, Chapters 55 and 95
170 76-5b-203.5, as enacted by Laws of Utah 2021, Chapter 95
171 76-5b-204, as enacted by Laws of Utah 2017, Chapter 434
172 76-5b-205, as enacted by Laws of Utah 2021, Chapter 134
173 76-6-102, as last amended by Laws of Utah 2013, Chapter 272
174 76-6-203, as last amended by Laws of Utah 1989, Chapter 170
175 76-6-302, as last amended by Laws of Utah 2003, Chapter 62
176 76-7-101, as last amended by Laws of Utah 2021, Chapter 159
177 76-7-305, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
178 76-8-309, as last amended by Laws of Utah 2018, Chapter 25
179 76-8-316, as last amended by Laws of Utah 2013, Chapter 432
180 76-8-318, as enacted by Laws of Utah 2019, Chapter 478
181 76-9-101, as last amended by Laws of Utah 2021, Chapter 94 and last amended by
182 Coordination Clause, Laws of Utah 2021, Chapter 260
183 76-9-702, as last amended by Laws of Utah 2018, Chapter 192
184 76-9-702.1, as last amended by Laws of Utah 2015, Chapter 210
185 76-9-804, as enacted by Laws of Utah 2009, Chapter 313
186 76-9-1003, as last amended by Laws of Utah 2020, Chapter 108
187 76-10-1302, as last amended by Laws of Utah 2020, Chapters 108, 214 and last
188 amended by Coordination Clause, Laws of Utah 2020, Chapter 214
189 76-10-1306, as last amended by Laws of Utah 2017, Chapter 433
190 76-10-1313, as last amended by Laws of Utah 2020, Chapter 108
191 76-10-1315, as last amended by Laws of Utah 2021, Chapter 262
192 76-10-1504, as last amended by Laws of Utah 2016, Chapter 399
193 76-10-1602, as last amended by Laws of Utah 2019, Chapters 200 and 363
194 ENACTS:
195 76-1-101.6, Utah Code Annotated 1953
196 76-5-109.2, Utah Code Annotated 1953
197 76-5-109.3, Utah Code Annotated 1953
198 76-5-111.2, Utah Code Annotated 1953
199 76-5-111.3, Utah Code Annotated 1953
200 76-5-111.4, Utah Code Annotated 1953
201 76-5-308.1, Utah Code Annotated 1953
202 76-5-308.3, Utah Code Annotated 1953
203 76-5-310.1, Utah Code Annotated 1953
204 76-5-404.3, Utah Code Annotated 1953
205 76-5-412.2, Utah Code Annotated 1953
206 76-5-413.2, Utah Code Annotated 1953
207 RENUMBERS AND AMENDS:
208 76-1-101.5, (Renumbered from 76-1-601, as last amended by Laws of Utah 2020,
209 Chapter 287)
210 76-5-114, (Renumbered from 76-5-109.1, as last amended by Laws of Utah 2009,
211 Chapter 70)
212 REPEALS:
213 76-5-210, as enacted by Laws of Utah 2017, Chapter 454
214 76-5-306, as last amended by Laws of Utah 2012, Chapter 39
215 76-5-416, as last amended by Laws of Utah 2019, Chapter 378
216 Utah Code Sections Affected by Coordination Clause:
217 76-5-201, as last amended by Laws of Utah 2010, Chapter 13
218
219 Be it enacted by the Legislature of the state of Utah:
220 Section 1. Section 76-1-101.5, which is renumbered from Section 76-1-601 is
221 renumbered and amended to read:
222 [
223 Unless otherwise provided, as used in this title:
224 (1) "Act" means a voluntary bodily movement and includes speech.
225 (2) "Actor" means a person whose criminal responsibility is in issue in a criminal
226 action.
227 (3) "Affinity" means a relationship by marriage.
228 (4) "Bodily injury" means physical pain, illness, or any impairment of physical
229 condition.
230 (5) "Conduct" means an act or omission.
231 (6) "Consanguinity" means a relationship by blood to the first or second degree,
232 including an individual's parent, grandparent, sibling, child, aunt, uncle, niece, or nephew.
233 (7) "Dangerous weapon" means:
234 (a) any item capable of causing death or serious bodily injury; or
235 (b) a facsimile or representation of the item, if:
236 (i) the actor's use or apparent intended use of the item leads the victim to reasonably
237 believe the item is likely to cause death or serious bodily injury; or
238 (ii) the actor represents to the victim verbally or in any other manner that [
239 is in control of such an item.
240 (8) "Grievous sexual offense" means:
241 (a) rape, Section 76-5-402;
242 (b) rape of a child, Section 76-5-402.1;
243 (c) object rape, Section 76-5-402.2;
244 (d) object rape of a child, Section 76-5-402.3;
245 (e) forcible sodomy, Subsection 76-5-403(2);
246 (f) sodomy on a child, Section 76-5-403.1;
247 (g) aggravated sexual abuse of a child, [
248 (h) aggravated sexual assault, Section 76-5-405;
249 (i) any felony attempt to commit an offense described in Subsections (8)(a) through
250 (h); or
251 (j) an offense in another state, territory, or district of the United States that, if
252 committed in Utah, would constitute an offense described in Subsections (8)(a) through (i).
253 (9) "Offense" means a violation of any penal statute of this state.
254 (10) "Omission" means a failure to act when there is a legal duty to act and the actor is
255 capable of acting.
256 (11) "Person" means an individual, public or private corporation, government,
257 partnership, or unincorporated association.
258 (12) "Possess" means to have physical possession of or to exercise dominion or control
259 over tangible property.
260 (13) "Public entity" means:
261 (a) the state, or an agency, bureau, office, department, division, board, commission,
262 institution, laboratory, or other instrumentality of the state;
263 (b) a political subdivision of the state, including a county, municipality, interlocal
264 entity, local district, special service district, school district, or school board;
265 (c) an agency, bureau, office, department, division, board, commission, institution,
266 laboratory, or other instrumentality of a political subdivision of the state; or
267 (d) another entity that:
268 (i) performs a public function; and
269 (ii) is authorized to hold, spend, transfer, disburse, use, or receive public money.
270 (14) (a) "Public money" or "public funds" means money, funds, or accounts, regardless
271 of the source from which they are derived, that:
272 (i) are owned, held, or administered by an entity described in Subsections (13)(a)
273 through (c); or
274 (ii) are in the possession of an entity described in Subsection (13)(d)(i) for the purpose
275 of performing a public function.
276 (b) "Public money" or "public funds" includes money, funds, or accounts described in
277 Subsection (14)(a) after the money, funds, or accounts are transferred by a public entity to an
278 independent contractor of the public entity.
279 (c) "Public money" or "public funds" remains public money or public funds while in
280 the possession of an independent contractor of a public entity for the purpose of providing a
281 program or service for, or on behalf of, the public entity.
282 (15) "Public officer" means:
283 (a) an elected official of a public entity;
284 (b) an individual appointed to, or serving an unexpired term of, an elected official of a
285 public entity;
286 (c) a judge of a court of record or not of record, including justice court judges; or
287 (d) a member of the Board of Pardons and Parole.
288 (16) (a) "Public servant" means:
289 (i) a public officer;
290 (ii) an appointed official, employee, consultant, or independent contractor of a public
291 entity; or
292 (iii) a person hired or paid by a public entity to perform a government function.
293 (b) Public servant includes a person described in Subsection (16)(a) upon the person's
294 election, appointment, contracting, or other selection, regardless of whether the person has
295 begun to officially occupy the position of a public servant.
296 (17) "Serious bodily injury" means bodily injury that creates or causes serious
297 permanent disfigurement, protracted loss or impairment of the function of any bodily member
298 or organ, or creates a substantial risk of death.
299 (18) "Substantial bodily injury" means bodily injury, not amounting to serious bodily
300 injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary
301 loss or impairment of the function of any bodily member or organ.
302 (19) "Writing" or "written" includes any handwriting, typewriting, printing, electronic
303 storage or transmission, or any other method of recording information or fixing information in
304 a form capable of being preserved.
305 Section 2. Section 76-1-101.6 is enacted to read:
306 76-1-101.6. Application of definitions to title.
307 (1) For formatting purposes, sections in this title that contain a criminal offense include
308 an express provision that states that the title definitions in Section 76-1-101.5 apply to that
309 section.
310 (2) Although a provision described in Subsection (1) is not included in non-offense
311 sections in Title 76 or in other titles, title definitions apply to all statutes within a title unless
312 otherwise expressly provided.
313 Section 3. Section 76-1-301 is amended to read:
314 76-1-301. Offenses for which prosecution may be commenced at any time.
315 (1) As used in this section:
316 (a) "Aggravating offense" means any offense incident to which a homicide was
317 committed as described in Subsection 76-5-202[
318 76-5-202(2)(b).
319 (b) "Predicate offense" means an offense described in [
320 76-5-203(1)(a) if a person other than a party as defined in Section 76-2-202 was killed in the
321 course of the commission, attempted commission, or immediate flight from the commission or
322 attempted commission of the offense.
323 (2) Notwithstanding any other provisions of this code, prosecution for the following
324 offenses may be commenced at any time:
325 (a) capital felony;
326 (b) aggravated murder;
327 (c) murder;
328 (d) manslaughter;
329 (e) child abuse homicide;
330 (f) aggravated kidnapping;
331 (g) child kidnapping;
332 (h) rape;
333 (i) rape of a child;
334 (j) object rape;
335 (k) object rape of a child;
336 (l) forcible sodomy;
337 (m) sodomy on a child;
338 (n) sexual abuse of a child;
339 (o) aggravated sexual abuse of a child;
340 (p) aggravated sexual assault;
341 (q) any predicate offense to a murder or aggravating offense to an aggravated murder;
342 (r) aggravated human trafficking or aggravated human smuggling in violation of
343 Section 76-5-310;
344 (s) aggravated exploitation of prostitution involving a child, under Section 76-10-1306;
345 or
346 (t) human trafficking of a child, under Section 76-5-308.5.
347 Section 4. Section 76-2-304.5 is amended to read:
348 76-2-304.5. Mistake as to victim's age not a defense.
349 (1) It is not a defense to the crime of child kidnapping, a violation of Section
350 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation
351 of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a
352 child, a violation of Section [
353 violation of [
354 these offenses, that the actor mistakenly believed the victim to be 14 years [
355 at the time of the alleged offense or was unaware of the victim's true age.
356 (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
357 of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt
358 to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
359 [
360 (3) It is not a defense to the crime of aggravated human trafficking [
361 Section 76-5-310, aggravated human smuggling, a violation of Section [
362 or human trafficking of a child, a violation of Section 76-5-308.5, that the actor mistakenly
363 believed the victim to be 18 years [
364 unaware of the victim's true age.
365 (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
366 of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
367 [
368 (5) It is not a defense to any of the following crimes that the actor mistakenly believed
369 the victim to be 18 years [
370 of the victim's true age:
371 (a) patronizing a prostitute, a violation of Section 76-10-1303;
372 (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or
373 (c) sexual solicitation, a violation of Section 76-10-1313.
374 Section 5. Section 76-2-401 is amended to read:
375 76-2-401. Justification as defense -- When allowed.
376 (1) Conduct which is justified is a defense to prosecution for any offense based on the
377 conduct. The defense of justification may be claimed:
378 (a) when the actor's conduct is in defense of persons or property under the
379 circumstances described in Sections 76-2-402 through 76-2-406 of this part;
380 (b) when the actor's conduct is reasonable and in fulfillment of his duties as a
381 governmental officer or employee;
382 (c) when the actor's conduct is reasonable discipline of minors by parents, guardians,
383 teachers, or other persons in loco parentis, as limited by Subsection (2);
384 (d) when the actor's conduct is reasonable discipline of persons in custody under the
385 laws of the state; or
386 (e) when the actor's conduct is justified for any other reason under the laws of this
387 state.
388 (2) The defense of justification under Subsection (1)(c) is not available if the offense
389 charged involves causing serious bodily injury, as defined in Section [
390 serious physical injury, as defined in Section 76-5-109, or the death of the minor.
391 Section 6. Section 76-2-402 is amended to read:
392 76-2-402. Force in defense of person -- Forcible felony defined.
393 (1) As used in this section:
394 (a) "Forcible felony" means aggravated assault, mayhem, aggravated murder, murder,
395 manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child,
396 object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child,
397 and aggravated sexual assault as defined in [
398 Individual, and arson, robbery, and burglary as defined in [
399 Against Property.
400 (b) "Forcible felony" includes any other felony offense that involves the use of force or
401 violence against an individual that poses a substantial danger of death or serious bodily injury.
402 (c) "Forcible felony" does not include burglary of a vehicle, as defined in Section
403 76-6-204, unless the vehicle is occupied at the time unlawful entry is made or attempted.
404 (2) (a) An individual is justified in threatening or using force against another individual
405 when and to the extent that the individual reasonably believes that force or a threat of force is
406 necessary to defend the individual or another individual against the imminent use of unlawful
407 force.
408 (b) An individual is justified in using force intended or likely to cause death or serious
409 bodily injury only if the individual reasonably believes that force is necessary to prevent death
410 or serious bodily injury to the individual or another individual as a result of imminent use of
411 unlawful force, or to prevent the commission of a forcible felony.
412 (3) (a) An individual is not justified in using force under the circumstances specified in
413 Subsection (2) if the individual:
414 (i) initially provokes the use of force against another individual with the intent to use
415 force as an excuse to inflict bodily harm upon the other individual;
416 (ii) is attempting to commit, committing, or fleeing after the commission or attempted
417 commission of a felony , unless the use of force is a reasonable response to factors unrelated to
418 the commission, attempted commission, or fleeing after the commission of that felony ; or
419 (iii) was the aggressor or was engaged in a combat by agreement, unless the individual
420 withdraws from the encounter and effectively communicates to the other individual the intent
421 to withdraw from the encounter and, notwithstanding, the other individual continues or
422 threatens to continue the use of unlawful force.
423 (b) For purposes of Subsection (3)(a)(iii) the following do not, alone, constitute
424 "combat by agreement":
425 (i) voluntarily entering into or remaining in an ongoing relationship; or
426 (ii) entering or remaining in a place where one has a legal right to be.
427 (4) Except as provided in Subsection (3)(a)(iii):
428 (a) an individual does not have a duty to retreat from the force or threatened force
429 described in Subsection (2) in a place where that individual has lawfully entered or remained;
430 and
431 (b) the failure of an individual to retreat under the provisions of Subsection (4)(a) is not
432 a relevant factor in determining whether the individual who used or threatened force acted
433 reasonably.
434 (5) In determining imminence or reasonableness under Subsection (2), the trier of fact
435 may consider:
436 (a) the nature of the danger;
437 (b) the immediacy of the danger;
438 (c) the probability that the unlawful force would result in death or serious bodily
439 injury;
440 (d) the other individual's prior violent acts or violent propensities;
441 (e) any patterns of abuse or violence in the parties' relationship; and
442 (f) any other relevant factors.
443 Section 7. Section 76-2-404 is amended to read:
444 76-2-404. Law enforcement officer use of deadly force.
445 (1) As used in this section:
446 (a) "Deadly force" means force that creates or is likely to create, or that the individual
447 using the force intends to create, a substantial likelihood of death or serious bodily injury to an
448 individual.
449 (b) "Officer" means an officer described in Section 53-13-102.
450 (c) "Serious bodily injury" means the same as that term is defined in Section
451 [
452 (2) The defense of justification applies to the use of deadly force by an officer, or an
453 individual acting by the officer's command in providing aid and assistance, when:
454 (a) the officer is acting in obedience to and in accordance with the judgment of a
455 competent court in executing a penalty of death under Subsection 77-18-113(2), (3), or (4);
456 (b) effecting an arrest or preventing an escape from custody following an arrest, if:
457 (i) the officer reasonably believes that deadly force is necessary to prevent the arrest
458 from being defeated by escape; and
459 (ii) (A) the officer has probable cause to believe that the suspect has committed a
460 felony offense involving the infliction or threatened infliction of death or serious bodily injury;
461 or
462 (B) the officer has probable cause to believe the suspect poses a threat of death or
463 serious bodily injury to the officer or to an individual other than the suspect if apprehension is
464 delayed; or
465 (c) the officer reasonably believes that the use of deadly force is necessary to prevent
466 death or serious bodily injury to the officer or an individual other than the suspect.
467 (3) If feasible, a verbal warning should be given by the officer prior to any use of
468 deadly force under Subsection (2)(b) or (2)(c).
469 Section 8. Section 76-2-408 is amended to read:
470 76-2-408. Officer use of force -- Investigations.
471 (1) As used in this section:
472 (a) "Dangerous weapon" means a firearm or an object that in the manner of its use or
473 intended use is capable of causing death or serious bodily injury to a person.
474 (b) "Deadly force" means a force that creates or is likely to create, or that the person
475 using the force intends to create, a substantial likelihood of death or serious bodily injury to a
476 person.
477 (c) "In custody" means in the legal custody of a state prison, county jail, or other
478 correctional facility, including custody that results from:
479 (i) a detention to secure attendance as a witness in a criminal case;
480 (ii) an arrest for or charging with a crime and committing for trial;
481 (iii) committing for contempt, upon civil process, or by other authority of law; or
482 (iv) sentencing to imprisonment on conviction of a crime.
483 (d) "Investigating agency" means a law enforcement agency, the county or district
484 attorney's office, or an interagency task force composed of officers from multiple law
485 enforcement agencies.
486 (e) "Officer" means an officer described in Section 53-13-102.
487 (f) "Officer-involved critical incident" means any of the following:
488 (i) an officer's use of deadly force;
489 (ii) an officer's use of a dangerous weapon against a person who causes injury to any
490 person;
491 (iii) death or serious bodily injury to any person, other than the officer, resulting from
492 an officer's:
493 (A) use of a motor vehicle while the officer is on duty; or
494 (B) use of a government vehicle while the officer is off duty;
495 (iv) the death of a person who is in custody, but excluding a death that is the result of
496 disease, natural causes, or conditions that have been medically diagnosed prior to the person's
497 death; or
498 (v) the death of or serious bodily injury to a person not in custody, other than an
499 officer, resulting from an officer's attempt to prevent a person's escape from custody, to make
500 an arrest, or otherwise to gain physical control of a person.
501 (g) "Serious bodily injury" means the same as that term is defined in Section
502 [
503 (2) When an officer-involved critical incident occurs:
504 (a) upon receiving notice of the officer-involved critical incident, the law enforcement
505 agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
506 county or district attorney having jurisdiction where the incident occurred; and
507 (b) the chief executive of the law enforcement agency and the county or district
508 attorney having jurisdiction where the incident occurred shall:
509 (i) jointly designate an investigating agency for the officer-involved critical incident;
510 and
511 (ii) designate which agency is the lead investigative agency if the officer-involved
512 critical incident involves multiple investigations.
513 (3) The investigating agency under Subsection (2) may not be the law enforcement
514 agency employing the officer who is alleged to have caused or contributed to the
515 officer-involved critical incident.
516 (4) This section does not preclude the law enforcement agency employing an officer
517 alleged to have caused or contributed to the officer-involved critical incident from conducting
518 an internal administrative investigation.
519 (5) Each law enforcement agency that is part of or administered by the state or any of
520 the state's political subdivisions shall adopt and post on the agency's publicly accessible
521 website:
522 (a) the policies and procedures the agency has adopted to select the investigating
523 agency if an officer-involved critical incident occurs in the agency's jurisdiction and one of the
524 agency's officers is alleged to have caused or contributed to the officer-involved incident; and
525 (b) the protocols the agency has adopted to ensure that any investigation of
526 officer-involved incidents occurring in the agency's jurisdiction are conducted professionally,
527 thoroughly, and impartially.
528 Section 9. Section 76-3-202 is amended to read:
529 76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
530 served on parole -- Discretion of Board of Pardons and Parole.
531 (1) Every individual committed to the state prison to serve an indeterminate term and,
532 after December 31, 2018, released on parole shall complete a term of parole that extends
533 through the expiration of the individual's maximum sentence unless the parole is earlier
534 terminated by the Board of Pardons and Parole in accordance with the supervision length
535 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, as
536 described in Subsection 77-27-5(7), to the extent the guidelines are consistent with the
537 requirements of the law.
538 (2) (a) Except as provided in Subsection (2)(b), every individual committed to the state
539 prison to serve an indeterminate term and released on parole on or after October 1, 2015, but
540 before January 1, 2019, shall, upon completion of three years on parole outside of confinement
541 and without violation, be terminated from the individual's sentence unless the parole is earlier
542 terminated by the Board of Pardons and Parole or is terminated pursuant to Section 64-13-21.
543 (b) Every individual committed to the state prison to serve an indeterminate term and
544 later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
545 convicted of any felony offense under [
546 Individual, or any attempt, conspiracy, or solicitation to commit any of these felony offenses,
547 shall complete a term of parole that extends through the expiration of the individual's
548 maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
549 (3) Every individual convicted of a second degree felony for violating Section
550 76-5-404, forcible sexual abuse[
551 Section 76-5-404.3, aggravated sexual abuse of a child[
552 soliciting the commission of a violation of any of those sections, and who is paroled before
553 July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without
554 violation, be terminated from the sentence unless the individual is earlier terminated by the
555 Board of Pardons and Parole.
556 (4) An individual who violates the terms of parole, while serving parole, for any
557 offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
558 Parole be recommitted to prison to serve the portion of the balance of the term as determined
559 by the Board of Pardons and Parole, but not to exceed the maximum term.
560 (5) An individual paroled following a former parole revocation may not be discharged
561 from the individual's sentence until:
562 (a) the individual has served the applicable period of parole under this section outside
563 of confinement;
564 (b) the individual's maximum sentence has expired; or
565 (c) the Board of Pardons and Parole orders the individual to be discharged from the
566 sentence.
567 (6) (a) All time served on parole, outside of confinement and without violation,
568 constitutes service toward the total sentence.
569 (b) Any time an individual spends outside of confinement after commission of a parole
570 violation does not constitute service toward the total sentence unless the individual is
571 exonerated at a parole revocation hearing.
572 (c) (i) Any time an individual spends in confinement awaiting a hearing before the
573 Board of Pardons and Parole or a decision by the board concerning revocation of parole
574 constitutes service toward the total sentence.
575 (ii) In the case of exoneration by the board, the time spent is included in computing the
576 total parole term.
577 (7) When a parolee causes the parolee's absence from the state without authority from
578 the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
579 avoidance, or evasion tolls the parole period.
580 (8) (a) While on parole, time spent in confinement outside the state may not be credited
581 toward the service of any Utah sentence.
582 (b) Time in confinement outside the state or in the custody of any tribal authority or the
583 United States government for a conviction obtained in another jurisdiction tolls the expiration
584 of the Utah sentence.
585 (9) This section does not preclude the Board of Pardons and Parole from paroling or
586 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
587 unless otherwise specifically provided by law.
588 (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
589 Parole for termination of lifetime parole.
590 Section 10. Section 76-3-203.2 is amended to read:
591 76-3-203.2. Definitions -- Use of dangerous weapon in offenses committed on or
592 about school premises -- Enhanced penalties.
593 (1) (a) As used in this section "on or about school premises" means:
594 (i) (A) in a public or private elementary or secondary school; or
595 (B) on the grounds of any of those schools;
596 (ii) (A) in a public or private institution of higher education; or
597 (B) on the grounds of a public or private institution of higher education;
598 (iii) within 1,000 feet of any school, institution, or grounds included in Subsections
599 (1)(a)(i) and (ii); and
600 (iv) in or on the grounds of a preschool or child care facility.
601 (b) As used in this section:
602 (i) "Dangerous weapon" has the same definition as in Section [
603 (ii) "Educator" means a person who is:
604 (A) employed by a public school district; and
605 (B) required to hold a certificate issued by the State Board of Education in order to
606 perform duties of employment.
607 (iii) "Within the course of employment" means that an educator is providing services or
608 engaging in conduct required by the educator's employer to perform the duties of employment.
609 (2) A person who, on or about school premises, commits an offense and uses or
610 threatens to use a dangerous weapon, as defined in Section [
611 commission of the offense is subject to an enhanced degree of offense as provided in
612 Subsection (4).
613 (3) (a) A person who commits an offense against an educator when the educator is
614 acting within the course of employment is subject to an enhanced degree of offense as provided
615 in Subsection (4).
616 (b) As used in Subsection (3)(a), "offense" means:
617 (i) an offense under [
618 and
619 (ii) an offense under [
620 (4) If the trier of fact finds beyond a reasonable doubt that the defendant, while on or
621 about school premises, commits an offense and in the commission of the offense uses or
622 threatens to use a dangerous weapon, or that the defendant committed an offense against an
623 educator when the educator was acting within the course of the educator's employment, the
624 enhanced penalty for a:
625 (a) class B misdemeanor is a class A misdemeanor;
626 (b) class A misdemeanor is a third degree felony;
627 (c) third degree felony is a second degree felony; or
628 (d) second degree felony is a first degree felony.
629 (5) The enhanced penalty for a first degree felony offense of a convicted person:
630 (a) is imprisonment for a term of not less than five years and which may be for life, and
631 imposition or execution of the sentence may not be suspended unless the court finds that the
632 interests of justice would be best served and states the specific circumstances justifying the
633 disposition on the record; and
634 (b) is subject also to the dangerous weapon enhancement provided in Section
635 76-3-203.8, except for an offense committed under Subsection (3) that does not involve a
636 firearm.
637 (6) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
638 notice upon the information or indictment that the defendant is subject to the enhanced degree
639 of offense or penalty under Subsection (4) or (5).
640 (7) In cases where an offense is enhanced under Subsection (4), or under Subsection
641 (5)(a) for an offense committed under Subsection (2) that does not involve a firearm, the
642 convicted person is not subject to the dangerous weapon enhancement in Section 76-3-203.8.
643 (8) The sentencing enhancement described in this section does not apply if:
644 (a) the offense for which the person is being sentenced is:
645 (i) a grievous sexual offense;
646 (ii) child kidnapping under Section 76-5-301.1;
647 (iii) aggravated kidnapping under Section 76-5-302; or
648 (iv) forcible sexual abuse under Section 76-5-404; and
649 (b) applying the sentencing enhancement provided for in this section would result in a
650 lower maximum penalty than the penalty provided for under the section that describes the
651 offense for which the person is being sentenced.
652 Section 11. Section 76-3-203.5 is amended to read:
653 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
654 (1) As used in this section:
655 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
656 United States, or any district, possession, or territory of the United States for which the
657 maximum punishment the offender may be subjected to exceeds one year in prison.
658 (b) "Habitual violent offender" means a person convicted within the state of any violent
659 felony and who on at least two previous occasions has been convicted of a violent felony and
660 committed to either prison in Utah or an equivalent correctional institution of another state or
661 of the United States either at initial sentencing or after revocation of probation.
662 (c) "Violent felony" means:
663 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
664 any of the following offenses punishable as a felony:
665 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
666 [
667 (B) assault by prisoner, Section 76-5-102.5;
668 (C) disarming a police officer, Section 76-5-102.8;
669 (D) aggravated assault, Section 76-5-103;
670 (E) aggravated assault by prisoner, Section 76-5-103.5;
671 (F) mayhem, Section 76-5-105;
672 (G) stalking, Subsection 76-5-106.5(2) [
673 (H) threat of terrorism, Section 76-5-107.3;
674 (I) aggravated child abuse, Subsection [
675 (J) commission of domestic violence in the presence of a child, Section [
676 76-5-114;
677 (K) abuse or neglect of a child with a disability, Section 76-5-110;
678 (L) abuse[
679 76-5-111.2, 76-5-111.3, or 76-5-111.4;
680 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
681 (N) criminal homicide offenses under [
682 (O) kidnapping, child kidnapping, and aggravated kidnapping under [
683 5, Part 3, Kidnapping, Trafficking, and Smuggling;
684 (P) rape, Section 76-5-402;
685 (Q) rape of a child, Section 76-5-402.1;
686 (R) object rape, Section 76-5-402.2;
687 (S) object rape of a child, Section 76-5-402.3;
688 (T) forcible sodomy, Section 76-5-403;
689 (U) sodomy on a child, Section 76-5-403.1;
690 (V) forcible sexual abuse, Section 76-5-404;
691 (W) [
692 76-5-404.1, or aggravated sexual abuse of a child, Section 76-5-404.3;
693 (X) aggravated sexual assault, Section 76-5-405;
694 (Y) sexual exploitation of a minor, Section 76-5b-201;
695 (Z) sexual exploitation of a vulnerable adult, Section 76-5b-202;
696 (AA) aggravated burglary and burglary of a dwelling under [
697 2, Burglary and Criminal Trespass;
698 (BB) aggravated robbery and robbery under [
699 (CC) theft by extortion under Subsection 76-6-406(2)(a) or (b);
700 (DD) tampering with a witness under Subsection 76-8-508(1);
701 (EE) retaliation against a witness, victim, or informant under Section 76-8-508.3;
702 (FF) tampering with a juror under Subsection 76-8-508.5(2)(c);
703 (GG) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
704 threat or by use of force theft by extortion has been committed pursuant to Subsections
705 76-6-406(2)(a), (b), and (i);
706 (HH) possession, use, or removal of explosive, chemical, or incendiary devices under
707 Subsections 76-10-306(3) through (6);
708 (II) unlawful delivery of explosive, chemical, or incendiary devices under Section
709 76-10-307;
710 (JJ) purchase or possession of a dangerous weapon or handgun by a restricted person
711 under Section 76-10-503;
712 (KK) unlawful discharge of a firearm under Section 76-10-508;
713 (LL) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
714 (MM) bus hijacking under Section 76-10-1504; and
715 (NN) discharging firearms and hurling missiles under Section 76-10-1505; or
716 (ii) any felony violation of a criminal statute of any other state, the United States, or
717 any district, possession, or territory of the United States which would constitute a violent
718 felony as defined in this Subsection (1) if committed in this state.
719 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
720 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
721 under this section, the penalty for a:
722 (a) third degree felony is as if the conviction were for a first degree felony;
723 (b) second degree felony is as if the conviction were for a first degree felony; or
724 (c) first degree felony remains the penalty for a first degree penalty except:
725 (i) the convicted person is not eligible for probation; and
726 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
727 habitual violent offender as an aggravating factor in determining the length of incarceration.
728 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
729 provide notice in the information or indictment that the defendant is subject to punishment as a
730 habitual violent offender under this section. Notice shall include the case number, court, and
731 date of conviction or commitment of any case relied upon by the prosecution.
732 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
733 intends to deny that:
734 (A) the defendant is the person who was convicted or committed;
735 (B) the defendant was represented by counsel or had waived counsel; or
736 (C) the defendant's plea was understandingly or voluntarily entered.
737 (ii) The notice of denial shall be served not later than five days prior to trial and shall
738 state in detail the defendant's contention regarding the previous conviction and commitment.
739 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
740 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
741 of the:
742 (i) defendant's previous convictions for violent felonies, except as otherwise provided
743 in the Utah Rules of Evidence; or
744 (ii) allegation against the defendant of being a habitual violent offender.
745 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
746 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
747 the jury, in which case the allegation shall be tried immediately to the court.
748 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
749 applies.
750 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
751 and the defendant shall be afforded an opportunity to present any necessary additional
752 evidence.
753 (iii) Before sentencing under this section, the trier of fact shall determine whether this
754 section is applicable beyond a reasonable doubt.
755 (d) If any previous conviction and commitment is based upon a plea of guilty or no
756 contest, there is a rebuttable presumption that the conviction and commitment were regular and
757 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
758 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
759 to establish by a preponderance of the evidence that the defendant was then represented by
760 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
761 was understandingly and voluntarily entered.
762 (e) If the trier of fact finds this section applicable, the court shall enter that specific
763 finding on the record and shall indicate in the order of judgment and commitment that the
764 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
765 under this section.
766 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
767 provisions of this section.
768 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
769 Subsection (1)(c) shall include any felony sexual offense violation of [
770 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
771 (6) The sentencing enhancement described in this section does not apply if:
772 (a) the offense for which the person is being sentenced is:
773 (i) a grievous sexual offense;
774 (ii) child kidnapping, Section 76-5-301.1;
775 (iii) aggravated kidnapping, Section 76-5-302; or
776 (iv) forcible sexual abuse, Section 76-5-404; and
777 (b) applying the sentencing enhancement provided for in this section would result in a
778 lower maximum penalty than the penalty provided for under the section that describes the
779 offense for which the person is being sentenced.
780 Section 12. Section 76-3-203.6 is amended to read:
781 76-3-203.6. Enhanced penalty for certain offenses committed by prisoner.
782 (1) As used in this section, "serving a sentence" means a prisoner is sentenced and
783 committed to the custody of the Department of Corrections, the sentence has not been
784 terminated or voided, and the prisoner:
785 (a) has not been paroled; or
786 (b) is in custody after arrest for a parole violation.
787 (2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence
788 for a capital felony or a first degree felony commits any offense listed in Subsection (5), the
789 offense is a first degree felony and the court shall sentence the defendant to life in prison
790 without parole.
791 (3) Notwithstanding Subsection (2), the court may sentence the defendant to an
792 indeterminate prison term of not less than 20 years and that may be for life if the court finds
793 that the interests of justice would best be served and states the specific circumstances justifying
794 the disposition on the record.
795 (4) Subsection (2) does not apply if the prisoner is younger than 18 years [
796 the time the offense listed in Subsection (5) is committed and is sentenced on or after May 10,
797 2016.
798 (5) Offenses referred to in Subsection (2) are:
799 (a) aggravated assault by a prisoner, Section 76-5-103.5;
800 (b) mayhem, Section 76-5-105;
801 (c) attempted murder, Section 76-5-203;
802 (d) kidnapping, Section 76-5-301;
803 (e) child kidnapping, Section 76-5-301.1;
804 (f) aggravated kidnapping, Section 76-5-302;
805 (g) rape, Section 76-5-402;
806 (h) rape of a child, Section 76-5-402.1;
807 (i) object rape, Section 76-5-402.2;
808 (j) object rape of a child, Section 76-5-402.3;
809 (k) forcible sodomy, Section 76-5-403;
810 (l) sodomy on a child, Section 76-5-403.1;
811 (m) aggravated sexual abuse of a child, Section [
812 (n) aggravated sexual assault, Section 76-5-405;
813 (o) aggravated arson, Section 76-6-103;
814 (p) aggravated burglary, Section 76-6-203; and
815 (q) aggravated robbery, Section 76-6-302.
816 (6) The sentencing enhancement described in this section does not apply if:
817 (a) the offense for which the person is being sentenced is:
818 (i) a grievous sexual offense;
819 (ii) child kidnapping, Section 76-5-301.1; or
820 (iii) aggravated kidnapping, Section 76-5-302; and
821 (b) applying the sentencing enhancement provided for in this section would result in a
822 lower maximum penalty than the penalty provided for under the section that describes the
823 offense for which the person is being sentenced.
824 Section 13. Section 76-3-203.7 is amended to read:
825 76-3-203.7. Increase of sentence for violent felony if body armor used.
826 (1) As used in this section:
827 (a) "Body armor" means any material designed or intended to provide bullet
828 penetration resistance or protection from bodily injury caused by a dangerous weapon.
829 (b) "Dangerous weapon" [
830 defined in Section [
831 (c) "Violent felony" [
832 in Section 76-3-203.5.
833 (2) A person convicted of a violent felony may be sentenced to imprisonment for an
834 indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a
835 reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also
836 used or wore body armor, with the intent to facilitate the commission of the violent felony, and
837 the violent felony is:
838 (a) a first degree felony, the court shall sentence the person convicted for a term of not
839 less than six years, and which may be for life;
840 (b) a second degree felony, the court shall sentence the person convicted for a term of
841 not less than two years nor more than 15 years, and the court may sentence the person
842 convicted for a term of not less than two years nor more than 20 years; and
843 (c) a third degree felony, the court shall sentence the person convicted for a term of not
844 less than one year nor more than five years, and the court may sentence the person convicted
845 for a term of not less than one year nor more than 10 years.
846 (3) The sentencing enhancement described in this section does not apply if:
847 (a) the offense for which the person is being sentenced is:
848 (i) a grievous sexual offense;
849 (ii) child kidnapping, Section 76-5-301.1;
850 (iii) aggravated kidnapping, Section 76-5-302; or
851 (iv) forcible sexual abuse, Section 76-5-404; and
852 (b) applying the sentencing enhancement provided for in this section would result in a
853 lower maximum penalty than the penalty provided for under the section that describes the
854 offense for which the person is being sentenced.
855 Section 14. Section 76-3-203.8 is amended to read:
856 76-3-203.8. Increase of sentence if dangerous weapon used.
857 (1) As used in this section, "dangerous weapon" [
858 same as that term is defined in Section [
859 (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was
860 used in the commission or furtherance of a felony, the court:
861 (a) (i) shall increase by one year the minimum term of the sentence applicable by law;
862 and
863 (ii) if the minimum term applicable by law is zero, shall set the minimum term as one
864 year; and
865 (b) may increase by five years the maximum sentence applicable by law in the case of a
866 felony of the second or third degree.
867 (3) A defendant who is a party to a felony offense shall be sentenced to the increases in
868 punishment provided in Subsection (2) if the trier of fact finds beyond a reasonable doubt that:
869 (a) a dangerous weapon was used in the commission or furtherance of the felony; and
870 (b) the defendant knew that the dangerous weapon was present.
871 (4) If the trier of fact finds beyond a reasonable doubt that a person has been sentenced
872 to a term of imprisonment for a felony in which a dangerous weapon was used in the
873 commission of or furtherance of the felony and that person is subsequently convicted of
874 another felony in which a dangerous weapon was used in the commission of or furtherance of
875 the felony, the court shall, in addition to any other sentence imposed including those in
876 Subsection (2), impose an indeterminate prison term to be not less than five nor more than 10
877 years to run consecutively and not concurrently.
878 Section 15. Section 76-3-203.10 is amended to read:
879 76-3-203.10. Violent offense committed in presence of a child -- Penalties.
880 (1) As used in this section:
881 (a) "In the presence of a child" means:
882 (i) in the physical presence of a child younger than 14 years [
883 (ii) having knowledge that the child is present and may see or hear the commission of a
884 violent criminal offense.
885 (b) "Violent criminal offense" means any criminal offense involving violence or
886 physical harm or threat of violence or physical harm, or any attempt to commit a criminal
887 offense involving violence or physical harm that is not a domestic violence offense as defined
888 in Section 77-36-1.
889 (2) A person commits a violent criminal offense in the presence of a child if the
890 person:
891 (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201,
892 against a third party in the presence of a child;
893 (b) intentionally causes or attempts to cause serious bodily injury to a third party or
894 uses a dangerous weapon, as defined in Section [
895 likely to produce death or serious bodily injury, against a third party in the presence of a child;
896 or
897 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
898 commits a violent criminal offense in the presence of a child.
899 (3) A person who violates Subsection (2) is guilty of a class B misdemeanor.
900 Section 16. Section 76-3-203.13 is amended to read:
901 76-3-203.13. Enhanced penalty for unlawful sexual contact with a student.
902 (1) A person convicted of a sexual offense described in Section 76-5-401.1 or
903 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the
904 sexual offense, the actor:
905 (a) was 18 years [
906 (b) held a position of special trust as a teacher, employee, or volunteer at a school, as
907 that position is defined in Subsection 76-5-404.1(1)[
908 (c) committed the offense against an individual who at the time of the offense was
909 enrolled as a student at the school where the actor was employed or was acting as a volunteer.
910 (2) The enhancement of a penalty described in Subsection (1) shall be an enhancement
911 of one classification higher than the offense of which the person was convicted.
912 Section 17. Section 76-3-406 is amended to read:
913 76-3-406. Crimes for which probation, suspension of sentence, lower category of
914 offense, or hospitalization may not be granted.
915 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
916 Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
917 76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
918 suspended, the court may not enter a judgment for a lower category of offense, and
919 hospitalization may not be ordered, the effect of which would in any way shorten the prison
920 sentence for an individual who commits a capital felony or a first degree felony involving:
921 (a) Section 76-5-202, aggravated murder;
922 (b) Section 76-5-203, murder;
923 (c) Section 76-5-301.1, child kidnaping;
924 (d) Section 76-5-302, aggravated kidnaping;
925 (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
926 76-5-402(3)(b), (3)(c), or (4);
927 (f) Section 76-5-402.1, rape of a child;
928 (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
929 76-5-402.2[
930 (h) Section 76-5-402.3, object rape of a child;
931 (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
932 76-5-403(3)(b), (3)(c), or (4);
933 (j) Section 76-5-403.1, sodomy on a child;
934 (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
935 Subsection 76-5-404[
936 (l) [
937 a child;
938 (m) Section 76-5-405, aggravated sexual assault; or
939 (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
940 (2) Except for an offense before the district court in accordance with Section 80-6-502
941 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
942 defendant:
943 (a) was under 18 years old at the time of the offense; and
944 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
945 delayed filing of the information.
946 Section 18. Section 76-4-401 is amended to read:
947 76-4-401. Enticing a minor -- Elements -- Penalties.
948 (1) As used in this section:
949 (a) "Minor" means a person who is under the age of 18.
950 (b) "Text messaging" means a communication in the form of electronic text or one or
951 more electronic images sent by the actor from a telephone, computer, or other electronic
952 communication device to another person's telephone, computer, or other electronic
953 communication device by addressing the communication to the person's telephone number or
954 other electronic communication access code or number.
955 (2) (a) A person commits enticement of a minor when the person knowingly uses the
956 Internet or text messaging to solicit, seduce, lure, or entice a minor, or to attempt to solicit,
957 seduce, lure, or entice a minor, or another person that the actor believes to be a minor, to
958 engage in any sexual activity which is a violation of state criminal law.
959 (b) A person commits enticement of a minor when the person knowingly uses the
960 Internet or text messaging to:
961 (i) initiate contact with a minor or a person the actor believes to be a minor; and
962 (ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or written
963 means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the
964 minor or a person the actor believes to be the minor to engage in any sexual activity which is a
965 violation of state criminal law.
966 (3) It is not a defense to the crime of enticing a minor under Subsection (2), or an
967 attempt to commit this offense, that a law enforcement officer or an undercover operative who
968 is employed by a law enforcement agency was involved in the detection or investigation of the
969 offense.
970 (4) Enticement of a minor under Subsection (2)(a) or (b) is punishable as follows:
971 (a) enticement to engage in sexual activity which would be a first degree felony for the
972 actor is a:
973 (i) second degree felony upon the first conviction for violation of this Subsection
974 (4)(a); and
975 (ii) first degree felony punishable by imprisonment for an indeterminate term of not
976 fewer than three years and which may be for life, upon a second or any subsequent conviction
977 for a violation of this Subsection (4)(a);
978 (b) enticement to engage in sexual activity which would be a second degree felony for
979 the actor is a third degree felony;
980 (c) enticement to engage in sexual activity which would be a third degree felony for the
981 actor is a class A misdemeanor;
982 (d) enticement to engage in sexual activity which would be a class A misdemeanor for
983 the actor is a class B misdemeanor; and
984 (e) enticement to engage in sexual activity which would be a class B misdemeanor for
985 the actor is a class C misdemeanor.
986 (5) (a) When a person who commits a felony violation of this section has been
987 previously convicted of an offense under Subsection (5)(b), the court may not in any way
988 shorten the prison sentence, and the court may not:
989 (i) grant probation;
990 (ii) suspend the execution or imposition of the sentence;
991 (iii) enter a judgment for a lower category of offense; or
992 (iv) order hospitalization.
993 (b) The sections referred to in Subsection (5)(a) are:
994 (i) Section 76-4-401, enticing a minor;
995 (ii) Section 76-5-301.1, child kidnapping;
996 (iii) Section 76-5-402, rape;
997 (iv) Section 76-5-402.1, rape of a child;
998 (v) Section 76-5-402.2, object rape;
999 (vi) Section 76-5-402.3, object rape of a child;
1000 (vii) Subsection 76-5-403(2), forcible sodomy;
1001 (viii) Section 76-5-403.1, sodomy on a child;
1002 (ix) Section 76-5-404, forcible sexual abuse;
1003 (x) Section 76-5-404.1, sexual abuse of a child and Section 76-5-404.3, aggravated
1004 sexual abuse of a child;
1005 (xi) Section 76-5-405, aggravated sexual assault;
1006 (xii) Section 76-5-308.5, human trafficking of a child;
1007 (xiii) any offense in any other state or federal jurisdiction which constitutes or would
1008 constitute a crime in Subsections (5)(b)(i) through (xii); or
1009 (xiv) the attempt, solicitation, or conspiracy to commit any of the offenses in
1010 Subsections (5)(b)(i) through (xiii).
1011 Section 19. Section 76-5-101 is amended to read:
1012
1013 76-5-101. Definitions.
1014 [
1015 Unless otherwise provided, as used in this part:
1016 (1) "Detained individual" means an individual detained under Section 77-7-15.
1017 (2) "Prisoner" means an individual who is in custody of a peace officer pursuant to a
1018 lawful arrest or who is confined in a jail or other penal institution or a facility used for
1019 confinement of delinquent juveniles operated by the Division of Juvenile Justice Services
1020 regardless of whether the confinement is legal.
1021 Section 20. Section 76-5-102 is amended to read:
1022 76-5-102. Assault -- Penalties.
1023 [
1024 (1) Terms defined in Section 76-1-101.5 apply to this section.
1025 (2) An actor commits assault if the actor:
1026 (a) [
1027 [
1028 (b) commits an act, [
1029 (i) causes bodily injury to [
1030 (ii) creates a substantial risk of bodily injury to [
1031 [
1032 [
1033 class A misdemeanor if:
1034 [
1035 [
1036 pregnancy.
1037 (4) [
1038 serious bodily injury to [
1039 Section 21. Section 76-5-102.3 is amended to read:
1040 76-5-102.3. Assault or threat of violence against a school employee.
1041 (1) (a) As used in this section:
1042 (i) "Assault" means an offense under Section 76-5-102.
1043 (ii) "Employee" includes a volunteer.
1044 (iii) "Threat of violence" means an offense under Section 76-5-107.
1045 (b) Terms defined in Section 76-1-101.5 apply to this section.
1046 [
1047 (2) An actor commits assault or threat of violence against a school employee if:
1048 (a) the actor commits assault or a threat of violence [
1049 against an employee of a public or private school[
1050 (b) the actor has knowledge that the individual is an employee[
1051 (c) the employee is acting within the scope of [
1052 employee[
1053 [
1054 (3) A violation of Subsection (2) is a class A misdemeanor.
1055 Section 22. Section 76-5-102.4 is amended to read:
1056 76-5-102.4. Assault against peace officer or a military servicemember in uniform
1057 -- Penalties.
1058 (1) (a) As used in this section:
1059 [
1060 76-5-102.
1061 [
1062 [
1063 uniform as authorized by the member's branch of service; or
1064 [
1065 39-1-9.
1066 [
1067 [
1068 [
1069 [
1070 [
1071 [
1072 under Section 76-5-107.
1073 (b) Terms defined in Section 76-1-101.5 apply to this section.
1074 [
1075
1076 (2) (a) An actor commits assault against a peace officer if:
1077 [
1078 knowledge that the [
1079 (ii) at the time of the assault or threat of violence, the peace officer [
1080 within the scope of authority as a peace officer[
1081 (b) An actor commits an assault or threat of violence against a military servicemember
1082 in uniform [
1083 (i) the actor commits an assault or threat of violence against a military servicemember
1084 in uniform; and
1085 (ii) at the time of the assault or threat of violence, the servicemember [
1086 and acting within the scope of authority granted to the military servicemember in uniform.
1087 (3) (a) A [
1088
1089 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
1090 felony if the actor:
1091 [
1092 of this section; or
1093 [
1094 [
1095 of Subsection (2) is [
1096 [
1097 [
1098 (4) This section does not affect or limit any individual's constitutional right to the
1099 lawful expression of free speech, the right of assembly, or any other recognized rights secured
1100 by the Constitution or laws of Utah or by the Constitution or laws of the United States.
1101 (5) [
1102 correctional facility, a minimum of:
1103 (a) 90 consecutive days for a second offense; and
1104 (b) 180 consecutive days for each subsequent offense.
1105 (6) The court may suspend the imposition or execution of the sentence required under
1106 Subsection (5) if the court finds that the interests of justice would be best served by the
1107 suspension and the court makes specific findings concerning the disposition on the record.
1108 [
1109
1110
1111 Section 23. Section 76-5-102.5 is amended to read:
1112 76-5-102.5. Assault by prisoner.
1113 [
1114 (1) (a) As used in this section, "assault" means an offense under Section 76-5-102.
1115 (b) Terms defined in Section 76-1-101.5 apply to this section.
1116 (2) An actor commits assault by prisoner if the actor:
1117 (a) is a prisoner; and
1118 (b) intending to cause bodily injury, commits an assault.
1119 (3) A violation of Subsection (2) is [
1120 Section 24. Section 76-5-102.6 is amended to read:
1121 76-5-102.6. Propelling object or substance at a correctional or peace officer --
1122 Penalties.
1123 [
1124 same as that term is defined in Section 26-6-2.
1125 (b) Terms defined in Section 76-1-101.5 apply to this section.
1126 (2) An actor commits the offense of propelling an object or substance at a correctional
1127 or peace officer if the actor:
1128 (a) is a prisoner or a detained individual [
1129
1130 (b) throws or otherwise [
1131 correctional officer, or an employee or volunteer, including a health care provider.
1132 [
1133 (3) (a) A violation of Subsection [
1134 [
1135 third degree felony if:
1136 [
1137 correctional officer, or the employee or volunteer, including a health care provider; or
1138 [
1139 [
1140 [
1141 infectious agent;
1142 [
1143 [
1144
1145 hepatitis C; and
1146 [
1147 employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes
1148 into contact with any open wound on the officer's, employee's, volunteer's, or health care
1149 provider's body.
1150 (4) If an offense committed under this section amounts to an offense subject to a
1151 greater penalty under another provision of state law than under this section, this section does
1152 not prohibit prosecution and sentencing for the more serious offense.
1153 Section 25. Section 76-5-102.7 is amended to read:
1154 76-5-102.7. Assault or threat of violence against health care provider or
1155 emergency medical service worker -- Penalty.
1156 (1) (a) As used in this section:
1157 (i) "Assault" means an offense under Section 76-5-102.
1158 (ii) "Emergency medical service worker" means an individual licensed under Section
1159 26-8a-302.
1160 (iii) "Health care provider" means the same as that term is defined in Section
1161 78B-3-403.
1162 (iv) "Threat of violence" means an offense under Section 76-5-107.
1163 (b) Terms defined in Section 76-1-101.5 apply to this section.
1164 [
1165 health care provider or emergency medical service worker [
1166 if:
1167 (a) the [
1168 detained individual;
1169 (b) the actor commits an assault or threat of violence;
1170 [
1171 emergency medical service worker; and
1172 [
1173 emergency or life saving duties within the scope of his or her authority at the time of the assault
1174 or threat of violence.
1175 [
1176 misdemeanor.
1177 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is [
1178 third degree felony if the [
1179 [
1180 [
1181 [
1182 [
1183 [
1184
1185 [
1186
1187 [
1188 Section 26. Section 76-5-102.8 is amended to read:
1189 76-5-102.8. Disarming a peace officer -- Penalties.
1190 (1) (a) As used in this section:
1191 [
1192 disrupt voluntary control of muscles.
1193 [
1194 Section 76-10-501.
1195 (b) Terms defined in Section 76-1-101.5 apply to this section.
1196 (2) An actor [
1197 peace officer if the actor intentionally takes or removes, or attempts to take or remove a firearm
1198 or a conductive energy device from [
1199
1200 (a) without the consent of the peace officer; and
1201 (b) while the peace officer is acting within the scope of [
1202 authority as a peace officer.
1203 (3) (a) [
1204 degree felony.
1205 (b) [
1206 device is a third degree felony.
1207 Section 27. Section 76-5-102.9 is amended to read:
1208 76-5-102.9. Propelling a bodily substance or material -- Penalties.
1209 (1) (a) As used in this section[
1210 (i) "Bodily substance or material" means:
1211 [
1212 [
1213 an infectious agent; or
1214 [
1215 (ii) "Infectious agent" means the same as that term is defined in Section 26-6-2.
1216 (b) Terms defined in Section 76-1-101.5 apply to this section.
1217 (2) [
1218 actor knowingly or intentionally throws or otherwise propels [
1219 material [
1220
1221 (3) (a) A violation of [
1222 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
1223 misdemeanor if [
1224 [
1225 [
1226 [
1227 other [
1228 open wound on the other [
1229 (4) If an offense committed under this section amounts to an offense subject to a
1230 greater penalty under another provision of state law than under this section, this section does
1231 not prohibit prosecution and sentencing for the more serious offense.
1232 Section 28. Section 76-5-103 is amended to read:
1233 76-5-103. Aggravated assault -- Penalties.
1234 [
1235 [
1236 (1) (a) As used in this section, "targeting a law enforcement officer" means the same as
1237 that term is defined in Section 76-5-202.
1238 (b) Terms defined in Section 76-1-101.5 apply to this section.
1239 (2) An actor commits aggravated assault if the actor:
1240 (a) (i) [
1241 another;
1242 (ii) makes a threat, accompanied by a show of immediate force or violence, to do
1243 bodily injury to another; or
1244 (iii) commits an act, committed with unlawful force or violence, that causes bodily
1245 injury to another or creates a substantial risk of bodily injury to another; and
1246 (b) [
1247 (i) a dangerous weapon [
1248 (ii) any act that impedes the breathing or the circulation of blood of another [
1249 individual by the actor's use of unlawful force or violence that is likely to produce a loss of
1250 consciousness by:
1251 (A) applying pressure to the neck or throat of [
1252 (B) obstructing the nose, mouth, or airway of [
1253 (iii) other means or force likely to produce death or serious bodily injury.
1254 [
1255 is a third degree felony[
1256
1257 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
1258 felony if:
1259 (i) the act results in serious bodily injury; or
1260 (ii) an act under Subsection [
1261 [
1262
1263 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
1264 degree felony if the conduct constitutes targeting a law enforcement officer and results in
1265 serious bodily injury.
1266 Section 29. Section 76-5-103.5 is amended to read:
1267 76-5-103.5. Aggravated assault by prisoner.
1268 [
1269 [
1270 Section 76-5-103.
1271 (b) Terms defined in Section 76-1-101.5 apply to this section.
1272 (2) An actor commits aggravated assault by prisoner if the actor:
1273 (a) is a prisoner; and
1274 (b) commits aggravated assault.
1275 (3) (a) A violation of Subsection (2) is a second degree felony[
1276
1277 [
1278 degree felony if serious bodily injury was intentionally caused.
1279 Section 30. Section 76-5-104 is amended to read:
1280 76-5-104. Consensual altercation.
1281 (1) As used in this section, "ultimate fighting match" means the same as that term is
1282 defined in Section 76-9-705.
1283 (2) In any prosecution for criminal homicide under Part 2, Criminal Homicide, or
1284 assault as that offense is described in Section 76-5-102, it is no defense to the prosecution that
1285 the defendant was a party to any duel, mutual combat, or other consensual altercation if during
1286 the course of the duel, combat, or altercation:
1287 (a) any dangerous weapon [
1288 (b) the defendant was engaged in an ultimate fighting match [
1289
1290 Section 31. Section 76-5-105 is amended to read:
1291 76-5-105. Mayhem.
1292 (1) Terms defined in Section 76-1-101.5 apply to this section.
1293 [
1294 intentionally:
1295 (a) deprives [
1296
1297 (b) disables or renders [
1298 (c) cuts out or disables [
1299 (d) puts out an individual's eye[
1300 (e) slits [
1301 [
1302 (3) A violation of Subsection (2) is a second degree felony.
1303 Section 32. Section 76-5-106 is amended to read:
1304 76-5-106. Harassment.
1305 [
1306 (1) Terms defined in Section 76-1-101.5 apply to this section.
1307 (2) An actor commits harassment if, with intent to frighten or harass another, [
1308 actor communicates a written or recorded threat to commit [
1309 [
1310 Section 33. Section 76-5-106.5 is amended to read:
1311 76-5-106.5. Stalking -- Definitions -- Injunction -- Penalties -- Duties of law
1312 enforcement officer.
1313 (1) (a) As used in this section:
1314 [
1315 [
1316 [
1317 threatens, or communicates to or about [
1318 an individual's property:
1319 [
1320 [
1321 [
1322 engage in any of these acts:
1323 [
1324 [
1325 individual's employer or coworkers;
1326 [
1327 individual's neighbors, or enters property owned, leased, or occupied by [
1328 individual;
1329 [
1330 obtaining or disseminating information about or communicating with the [
1331 a member of the [
1332 associate of the [
1333 [
1334 occupied by [
1335 the intent that the object be delivered to the [
1336 [
1337 to commit an act that is a part of the course of conduct.
1338 [
1339 whether or not medical or other professional treatment or counseling is required.
1340 [
1341 [
1342 household within the prior six months.
1343 [
1344 circumstances.
1345 [
1346 [
1347 one or more electronic images sent by the actor from a telephone or computer to another
1348 [
1349 recipient's telephone number.
1350 (b) Terms defined in Section 76-1-101.5 apply to this section.
1351 (2) [
1352 intentionally or knowingly:
1353 (a) engages in a course of conduct directed at a specific [
1354 or should know that the course of conduct would cause a reasonable person:
1355 [
1356 individual; or
1357 [
1358 [
1359 (b) violates:
1360 [
1361 Injunctions; or
1362 [
1363 Part 9, Criminal Stalking Injunctions.
1364 [
1365 [
1366 [
1367 [
1368
1369
1370 [
1371 (3) (a) A violation of Subsection (2) is a class A misdemeanor:
1372 [
1373 [
1374 Chapter 7, Part 7, Civil Stalking Injunctions.
1375 [
1376 third degree felony if the [
1377 [
1378 [
1379 substantially similar to the offense of stalking;
1380 [
1381 in another jurisdiction which if committed in Utah would be a felony, in which the victim of
1382 the stalking offense or a member of the victim's immediate family was also a victim of the
1383 previous felony offense;
1384 [
1385 Chapter 7, Part 9, Criminal Stalking Injunctions; or
1386 [
1387 78B-7-102, of the victim.
1388 [
1389 (2) is a second degree felony if the [
1390 [
1391 or force likely to produce death or serious bodily injury, in the commission of the crime of
1392 stalking;
1393 [
1394 [
1395 of offenses that are substantially similar to the offense of stalking;
1396 [
1397 Subsection [
1398 [
1399 of crimes in another jurisdiction or jurisdictions which, if committed in Utah, would be
1400 felonies, in which the victim of the stalking was also a victim of the previous felony offenses;
1401 or
1402 [
1403 (3)(b)(iv) or (v).
1404 (4) In a prosecution under this section, it is not a defense that the actor:
1405 (a) was not given actual notice that the course of conduct was unwanted; or
1406 (b) did not intend to cause the victim fear or other emotional distress.
1407 (5) An offense of stalking may be prosecuted under this section in any jurisdiction
1408 where one or more of the acts that is part of the course of conduct was initiated or caused an
1409 effect on the victim.
1410 [
1411 [
1412 (b) This section does not preclude the filing of criminal information for stalking based
1413 on the same act which is the basis for the violation of the stalking injunction issued under Title
1414 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent criminal stalking injunction
1415 issued under Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.
1416 [
1417 use all reasonable means to protect the victim and prevent further violence, including:
1418 (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
1419 the safety of the victim and any family or household member;
1420 (ii) confiscating the weapon or weapons involved in the alleged stalking;
1421 (iii) making arrangements for the victim and any child to obtain emergency housing or
1422 shelter;
1423 (iv) providing protection while the victim removes essential personal effects;
1424 (v) arranging, facilitating, or providing for the victim and any child to obtain medical
1425 treatment; and
1426 (vi) arranging, facilitating, or providing the victim with immediate and adequate notice
1427 of the rights of victims and of the remedies and services available to victims of stalking, in
1428 accordance with Subsection [
1429 (b) (i) A law enforcement officer shall give written notice to the victim in simple
1430 language, describing the rights and remedies available under this section and Title 78B,
1431 Chapter 7, Part 7, Civil Stalking Injunctions.
1432 (ii) The written notice shall also include:
1433 (A) a statement that the forms needed in order to obtain a stalking injunction are
1434 available from the court clerk's office in the judicial district where the victim resides or is
1435 temporarily domiciled; and
1436 (B) a list of shelters, services, and resources available in the appropriate community,
1437 together with telephone numbers, to assist the victim in accessing any needed assistance.
1438 (c) If a weapon is confiscated under this Subsection [
1439 agency shall return the weapon to the individual from whom the weapon is confiscated if a
1440 stalking injunction is not issued or once the stalking injunction is terminated.
1441 Section 34. Section 76-5-107 is amended to read:
1442 76-5-107. Threat of violence -- Penalty.
1443 (1) Terms defined in Section 76-1-101.5 apply to this section.
1444 [
1445 [
1446 death, or substantial property damage[
1447 (B) acts with intent to place [
1448 injury, substantial bodily injury, or death; or
1449 [
1450 violence, to do bodily injury to [
1451 (b) A threat under this section may be express or implied.
1452 [
1453 (b) An actor who commits an offense under this section is subject to punishment for
1454 that offense, in addition to any other offense committed, including the carrying out of the
1455 threatened act.
1456 (c) In addition to any other penalty authorized by law, a court shall order an actor
1457 convicted of a violation of this section to reimburse any federal, state, or local unit of
1458 government, or any private business, organization, individual, or entity for all expenses and
1459 losses incurred in responding to the violation, unless the court states on the record the reasons
1460 why the reimbursement would be inappropriate.
1461 [
1462 or was incapable of carrying out the threat.
1463 [
1464 [
1465
1466
1467 [
1468
1469
1470
1471
1472 Section 35. Section 76-5-107.1 is amended to read:
1473 76-5-107.1. Threats against schools.
1474 (1) (a) As used in this section[
1475 (i) "Hoax weapon of mass destruction" means the same as that term is defined in
1476 Section 76-10-401.
1477 (ii) "School" means a preschool or a public or private elementary or secondary school.
1478 (b) Terms defined in Section 76-1-101.5 apply to this section.
1479 (2) An [
1480 actor threatens in person or via electronic means, either with real intent or as an intentional
1481 hoax, to commit any offense involving bodily injury, death, or substantial property damage[
1482 and the actor:
1483 (a) threatens the use of a firearm or weapon or hoax weapon of mass destruction[
1484
1485 (b) acts with intent to:
1486 (i) disrupt the regular schedule of the school or influence or affect the conduct of
1487 students, employees, or the general public at the school;
1488 (ii) prevent or interrupt the occupancy of the school or a portion of the school, or a
1489 facility or vehicle used by the school; or
1490 (iii) intimidate or coerce students or employees of the school; or
1491 (c) causes an official or volunteer agency organized to deal with emergencies to take
1492 action due to the risk to the school or general public.
1493 (3) (a) (i) A violation of Subsection (2)(a), (b)(i), or (b)(iii) is a class A misdemeanor.
1494 [
1495 [
1496 [
1497
1498 [
1499
1500 [
1501
1502
1503
1504
1505
1506 (b) (i) In addition to any other penalty authorized by law, a court shall order an actor
1507 convicted of a violation of this section to pay restitution to any federal, state, or local unit of
1508 government, or any private business, organization, individual, or entity for expenses and losses
1509 incurred in responding to the threat, unless the court states on the record the reasons why the
1510 reimbursement would be inappropriate.
1511 (ii) Restitution ordered in the case of a minor adjudicated for a violation of this section
1512 shall be determined in accordance with Section 80-6-710.
1513 (4) It is not a defense to this section that the actor did not attempt to carry out or was
1514 incapable of carrying out the threat.
1515 [
1516 agency.
1517 (b) If the [
1518 may be referred to the juvenile court.
1519 (6) Counseling for the minor and the minor's family may be made available through
1520 state and local health department programs.
1521 Section 36. Section 76-5-107.3 is amended to read:
1522 76-5-107.3. Threat of terrorism -- Penalty.
1523 (1) (a) As used in this section:
1524 (i) "Hoax weapon of mass destruction" means the same as that term is defined in
1525 Section 76-10-401.
1526 (ii) "Weapon of mass destruction" means the same as that term is defined in Section
1527 76-10-401.
1528 (b) Terms defined in Section 76-1-101.5 apply to this section.
1529 [
1530 threatens to commit [
1531 damage[
1532 [
1533
1534 [
1535
1536 [
1537 [
1538 of a government or a unit of government;
1539 [
1540 place to which the public has access, or a facility or vehicle of public transportation operated by
1541 a common carrier; or
1542 [
1543 take action due to the [
1544 general public.
1545 (b) A threat under this section may be express or implied.
1546 [
1547 a second degree felony.
1548 [
1549 [
1550 (b) An actor who commits an offense under this section is subject to punishment for
1551 that offense, in addition to any other offense committed, including the carrying out of the
1552 threatened act.
1553 (c) In addition to any other penalty authorized by law, a court shall order an actor
1554 convicted of a violation of this section to reimburse any federal, state, or local unit of
1555 government, or any private business, organization, individual, or entity for all expenses and
1556 losses incurred in responding to the violation, unless the court states on the record the reasons
1557 why the reimbursement would be inappropriate.
1558 [
1559 carry out or was incapable of carrying out the threat.
1560 [
1561 [
1562
1563
1564 [
1565
1566
1567
1568
1569 Section 37. Section 76-5-107.5 is amended to read:
1570 76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.
1571 (1) Terms defined in Section 76-1-101.5 apply to this section.
1572 [
1573 intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:
1574 (a) (i) endangers the mental or physical health or safety of [
1575 (ii) involves any brutality of a physical nature such as whipping, beating, branding,
1576 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
1577 exposure to the elements;
1578 (iii) involves consumption of any food, alcoholic product, drug, or other substance or
1579 any other physical activity that endangers the mental or physical health and safety of an
1580 individual; or
1581 (iv) involves any activity that would subject the individual to extreme mental stress,
1582 such as sleep deprivation, extended isolation from social contact, or conduct that subjects
1583 another to extreme embarrassment, shame, or humiliation; and
1584 (b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in,
1585 or as a condition for continued membership in any organization; or
1586 (ii) if the actor knew that the [
1587 membership with a school team or school organization to which the actor belongs or did
1588 belong within the preceding two years.
1589 [
1590
1591 [
1592 (3) (a) A violation of Subsection (2) is a class B misdemeanor [
1593
1594 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
1595 misdemeanor if the act involves:
1596 (i) the operation or other use of a motor vehicle;
1597 (ii) the consumption of an alcoholic product as defined in Section 32B-1-102; or
1598 (iii) the consumption of a drug or a substance as defined in Section 76-5-113[
1599 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a third
1600 degree felony if the act involves the use of a dangerous weapon [
1601
1602 (d) Notwithstanding Subsection (3)(a), (b), or (c), a violation of Subsection (2) is a
1603 third degree felony if the hazing results in serious bodily injury to [
1604 (e) Notwithstanding Subsection (3)(a), (b), (c), or (d), a violation of Subsection (2) is a
1605 second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon
1606 [
1607 (4) (a) A person who in good faith reports or participates in reporting of an alleged
1608 hazing is not subject to any civil or criminal liability regarding the reporting.
1609 (b) It is not a defense to prosecution of hazing that an individual under 21 years old,
1610 against whom the hazing was directed, consented to or acquiesced in the hazing activity.
1611 (5) (a) This section does not apply to military training or other official military
1612 activities.
1613 (b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.
1614 (6) (a) A prosecution under this section does not bar a prosecution of the actor for:
1615 (i) any other offense for which the actor may be liable as a party for conduct committed
1616 by the [
1617 (ii) any offense, caused in the course of the hazing, that the actor commits against the
1618 [
1619 (b) Under Subsection (6)(a)(i) [
1620 the hazing offense and the conduct committed by the [
1621 (c) Under Subsection (6)(a)(ii) [
1622 and for the other offense, but shall be punished for the offense carrying the greater maximum
1623 penalty.
1624 Section 38. Section 76-5-108 is amended to read:
1625 76-5-108. Violation of protective order.
1626 [
1627 (2) An actor commits violation of protective order if the actor:
1628 (a) is the respondent or defendant subject to a protective order, child protective order,
1629 ex parte protective order, [
1630 under [
1631 (i) Title 78B, Chapter 7, Part 3, Uniform Interstate Enforcement of Domestic Violence
1632 Protection Orders Act;
1633 (ii) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;
1634 (iii) Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or
1635 (iv) Title 80, Utah Juvenile Code; and
1636 (b) intentionally or knowingly violates that order after having been properly served or
1637 having been present, in person or through court video conferencing, when the order was
1638 issued[
1639 (3) A violation of Subsection (2) is [
1640 greater penalty may be provided in Title 77, Chapter 36, Cohabitant Abuse Procedures Act[
1641 [
1642 [
1643 [
1644 [
1645
1646 [
1647 violence offense under Section 77-36-1 and subject to increased penalties in accordance with
1648 Section 77-36-1.1.
1649 Section 39. Section 76-5-109 is amended to read:
1650 76-5-109. Child abuse.
1651 (1) (a) As used in this section:
1652 [
1653 than 18 years [
1654 [
1655 [
1656 [
1657
1658 [
1659 [
1660 [
1661 [
1662 [
1663 [
1664 [
1665
1666 [
1667 [
1668 [
1669
1670 [
1671
1672 [
1673 [
1674 physical condition of the child, including:
1675 [
1676 [
1677 [
1678 [
1679 that is not a serious physical injury [
1680 [
1681 that:
1682 [
1683 [
1684 [
1685 [
1686 [
1687 [
1688 [
1689 blows, shaking, or causing the child's head to impact with an object or surface;
1690 [
1691 hot object upon the skin or body of the child;
1692 [
1693
1694 [
1695 person, either at the same time or on different occasions;
1696 [
1697 [
1698 developmental delay or intellectual disability, or severe impairment of the child's ability to
1699 function;
1700 [
1701 impairment of the function of a bodily member, limb, or organ;
1702 [
1703 pressure to the neck, throat, or chest, or by the obstruction of the nose or mouth, that is likely to
1704 produce a loss of consciousness;
1705 [
1706 jeopardizes the child's life; or
1707 [
1708 unlawfully causing any deprivation of oxygen to the brain.
1709 (b) Terms defined in Section 76-1-101.5 apply to this section.
1710 [
1711
1712
1713 [
1714 [
1715 [
1716 [
1717 (a) inflicts upon a child physical injury [
1718 (b) having the care or custody of such child, causes or permits another to inflict
1719 physical injury upon a child [
1720 (3) (a) A violation of Subsection (2) is a class A misdemeanor if done intentionally or
1721 knowingly[
1722 (b) A violation of Subsection (2) is a class B misdemeanor if done recklessly[
1723
1724 (c) A violation of Subsection (2) is a class C misdemeanor if done with criminal
1725 negligence[
1726 [
1727
1728
1729 [
1730 [
1731 [
1732 [
1733 [
1734
1735
1736
1737 [
1738
1739 [
1740 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1741 practices of an established church or religious denomination of which the parent or legal
1742 guardian is a member or adherent [
1743 committed an offense under this section.
1744 [
1745 treatment option for [
1746 reasonable parent or guardian would believe to be in the best interest of the child.
1747 [
1748 that constitutes:
1749 [
1750 privileges;
1751 [
1752 [
1753 [
1754 [
1755 [
1756 [
1757 described in Subsections [
1758 Section 40. Section 76-5-109.2 is enacted to read:
1759 76-5-109.2. Aggravated child abuse.
1760 (1) (a) As used in this section:
1761 (i) "Child" means the same as that term is defined in Section 76-5-109.
1762 (ii) "Serious physical injury" means the same as that term is defined in Section
1763 76-5-109.
1764 (b) Terms defined in Section 76-1-101.5 apply to this section.
1765 (2) An actor commits aggravated child abuse if the actor:
1766 (a) inflicts upon a child serious physical injury; or
1767 (b) having the care or custody of such child, causes or permits another to inflict serious
1768 physical injury upon a child.
1769 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
1770 knowingly.
1771 (b) A violation of Subsection (2) is a third degree felony if done recklessly.
1772 (c) A violation of Subsection (2) is a class A misdemeanor if done with criminal
1773 negligence.
1774 (4) (a) A parent or legal guardian who provides a child with treatment by spiritual
1775 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1776 practices of an established church or religious denomination of which the parent or legal
1777 guardian is a member or adherent may not, for that reason alone, be considered to have
1778 committed an offense under this section.
1779 (b) A parent or guardian of a child does not violate this section by selecting a treatment
1780 option for the medical condition of the child, if the treatment option is one that a reasonable
1781 parent or guardian would believe to be in the best interest of the child.
1782 (c) An actor is not guilty of an offense under this section for conduct that constitutes:
1783 (i) conduct described in Section 76-2-401; or
1784 (ii) the use of reasonable and necessary physical restraint or force on a child:
1785 (A) in self-defense;
1786 (B) in defense of others;
1787 (C) to protect the child; or
1788 (D) to remove a weapon in the possession of a child for any of the reasons described in
1789 Subsections (4)(c)(ii)(A) through (C).
1790 Section 41. Section 76-5-109.3 is enacted to read:
1791 76-5-109.3. Child abandonment.
1792 (1) (a) As used in this section:
1793 (i) "Child" means the same as that term is defined in Section 76-5-109.
1794 (ii) "Enterprise" means the same as that term is defined in Section 76-10-1602.
1795 (iii) "Serious physical injury" means the same as that term is defined in Section
1796 76-5-109.
1797 (b) Terms defined in Section 76-1-101.5 apply to this section.
1798 (2) (a) Except as provided in Subsection (4), an actor commits child abandonment if
1799 the actor:
1800 (i) is a parent or legal guardian of a child, and:
1801 (A) intentionally ceases to maintain physical custody of the child;
1802 (B) intentionally fails to make reasonable arrangements for the safety, care, and
1803 physical custody of the child; and
1804 (C) (I) intentionally fails to provide the child with food, shelter, or clothing;
1805 (II) manifests an intent to permanently not resume physical custody of the child; or
1806 (III) for a period of at least 30 days, intentionally fails to resume physical custody of
1807 the child and fails to manifest a genuine intent to resume physical custody of the child; or
1808 (ii) encourages or causes the parent or legal guardian of a child to violate Subsection
1809 (2)(a)(i).
1810 (b) Except as provided in Subsection (4), an enterprise commits child abandonment if
1811 the enterprise encourages, commands, or causes another to violate Subsection (2)(a).
1812 (3) (a) (i) A violation of Subsection (2) is a third degree felony.
1813 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
1814 degree felony if, as a result of the child abandonment:
1815 (A) the child suffers a serious physical injury; or
1816 (B) the actor or enterprise receives, directly or indirectly, any benefit.
1817 (b) (i) In addition to the penalty described in Subsection (3)(a)(ii), the court may order
1818 the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of investigating and
1819 prosecuting the offense and the costs of securing any forfeiture provided for under Subsection
1820 (3)(b)(ii).
1821 (ii) Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is subject
1822 to criminal or civil forfeiture pursuant to Title 24, Forfeiture and Disposition of Property Act.
1823 (4) (a) A parent or legal guardian who provides a child with treatment by spiritual
1824 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1825 practices of an established church or religious denomination of which the parent or legal
1826 guardian is a member or adherent may not, for that reason alone, be considered to have
1827 committed an offense under this section.
1828 (b) An actor is not guilty of an offense under this section for conduct that constitutes:
1829 (i) the safe relinquishment of a child pursuant to the provisions of Section 62A-4a-802;
1830 (ii) giving legal consent to a court order for termination of parental rights:
1831 (A) in a legal adoption proceeding; or
1832 (B) in a case in which a petition for the termination of parental rights, or the
1833 termination of a guardianship, has been filed;
1834 (iii) reasonable discipline or management of a child, including withholding privileges;
1835 or
1836 (iv) conduct described in Section 76-2-401.
1837 Section 42. Section 76-5-110 is amended to read:
1838 76-5-110. Abuse or neglect of a child with a disability.
1839 (1) (a) As used in this section:
1840 [
1841 [
1842 [
1843 another to inflict physical injury[
1844 [
1845 [
1846 [
1847 custody a child with a disability; or
1848 [
1849 court order the responsibility to provide food, shelter, clothing, medical, and other necessities
1850 to a child with a disability.
1851 [
1852 who is impaired because of mental illness, mental deficiency, physical illness or disability, or
1853 other cause, to the extent that the [
1854 individual's own personal safety or to provide necessities such as food, shelter, clothing, and
1855 medical care.
1856 [
1857 shelter, supervision, or medical care.
1858 (v) "Physical injury" means the same as that term is defined in Section 76-5-109.
1859 (b) Terms defined in Section 76-1-101.5 apply to this section.
1860 (2) [
1861 if the actor is a caretaker and intentionally, knowingly, or recklessly abuses or neglects a child
1862 with a disability [
1863 (3) A violation of Subsection (2) is a third degree felony.
1864 [
1865 means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1866 practices of an established church or religious denomination of which the parent or legal
1867 guardian is a member or adherent [
1868 violation under this section.
1869 (b) Subject to Section 80-3-109, the exception under Subsection [
1870 preclude a court from ordering medical services from a physician licensed to engage in the
1871 practice of medicine to be provided to the child where there is substantial risk of harm to the
1872 child's health or welfare if the treatment is not provided.
1873 (c) A caretaker of a child with a disability does not violate this section by selecting a
1874 treatment option for a medical condition of a child with a disability, if the treatment option is
1875 one that a reasonable caretaker would believe to be in the best interest of the child with a
1876 disability.
1877 Section 43. Section 76-5-111 is amended to read:
1878 76-5-111. Abuse of a vulnerable adult -- Penalties.
1879 (1) (a) As used in this section:
1880 [
1881 desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable
1882 adult without the means or ability to obtain necessary food, clothing, shelter, or medical or
1883 other health care.
1884 [
1885 [
1886 intentionally or knowingly placing another in fear of imminent harm;
1887 [
1888 [
1889 isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a
1890 physician's orders or used as an unauthorized substitute for treatment, unless that conduct
1891 furthers the health and safety of the vulnerable adult; or
1892 [
1893 [
1894 [
1895 [
1896
1897 [
1898 assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing,
1899 supervision, medical or other health care, or other necessities for pecuniary gain, by contract, or
1900 as a result of friendship, or in a position of trust and confidence with a vulnerable adult,
1901 including a relative, a household member, an attorney-in-fact, a neighbor, a person who is
1902 employed or who provides volunteer work, a court-appointed or voluntary guardian, or a
1903 person who contracts or is under court order to provide care.
1904 [
1905 [
1906 [
1907
1908 [
1909 [
1910
1911 [
1912
1913 [
1914 a physical or mental impairment that restricts the individual's ability to carry out normal
1915 activities or to protect the individual's rights.
1916 [
1917 disabilities or whose physical or mental capacity has substantially diminished because of age.
1918 [
1919 [
1920 [
1921
1922 [
1923 psychological damage, physical injury, suffering, or distress inflicted knowingly or
1924 intentionally.
1925 [
1926 [
1927 that the individual fully understands the potential risks and benefits of the withdrawal of food,
1928 water, medication, medical services, shelter, cooling, heating, or other services necessary to
1929 maintain minimum physical or mental health, and that the individual desires that the services
1930 be withdrawn, except that a written expression is valid only if the individual is of sound mind
1931 when the consent is given, and the consent is witnessed by at least two individuals who do not
1932 benefit from the withdrawal of services; or
1933 [
1934 cooling, heating, or other services necessary to maintain minimum physical or mental health, as
1935 permitted by court order.
1936 [
1937
1938
1939 [
1940 adult from having contact with another person, unless the restriction of personal rights is
1941 authorized by court order, by:
1942 [
1943 initiating interaction with others, including receiving or inviting visitors, mail, or telephone
1944 calls, contrary to the express wishes of the vulnerable adult, or communicating to a visitor that
1945 the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing
1946 that communication to be false;
1947 [
1948 adult from meeting with a visitor; or
1949 [
1950 induce the vulnerable adult to refuse to receive communication from visitors or other family
1951 members.
1952 [
1953 [
1954 vulnerable adult; or
1955 [
1956 other professional advisor of the vulnerable adult.
1957 [
1958
1959
1960
1961
1962 [
1963 [
1964 personal care, or dental or other health care, or failure to provide protection from health and
1965 safety hazards or maltreatment;
1966 [
1967 and with the degree of care that a reasonable person in a like position would exercise;
1968 [
1969 consent, resulting in deprivation of food, water, medication, health care, shelter, cooling,
1970 heating, or other services necessary to maintain the vulnerable adult's well being;
1971 [
1972 results or could result in physical injury or physical harm; or
1973 [
1974 [
1975 nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to
1976 be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that
1977 the tissue cannot be restored to a sound and healthy condition.
1978 [
1979 impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a
1980 bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any
1981 other physical condition that imperils the health or welfare of the vulnerable adult and is not a
1982 serious physical injury as defined in this section.
1983 [
1984 [
1985 [
1986 [
1987 court-appointed or voluntary guardian, trustee, attorney, attorney-in-fact, or conservator; or
1988 [
1989 [
1990 injuries that:
1991 [
1992 [
1993 [
1994 adult; or
1995 [
1996 [
1997 [
1998
1999 [
2000 [
2001
2002 [
2003 [
2004 mental or physical impairment which substantially affects that individual's ability to:
2005 [
2006 [
2007 care;
2008 [
2009 [
2010 [
2011 [
2012 abuse, neglect, or exploitation.
2013 [
2014
2015
2016
2017
2018
2019 [
2020 [
2021 [
2022 (b) Terms defined in Section 76-1-101.5 apply to this section.
2023 [
2024 adult if the actor, under circumstances other than those likely to produce death or serious
2025 physical injury[
2026
2027 (a) causes a vulnerable adult to suffer harm, abuse, or neglect[
2028 (b) having the care or custody of a vulnerable adult, causes or permits that vulnerable
2029 adult's person or health to be injured, abused, or neglected[
2030 (c) causes or permits a vulnerable adult to be placed in a situation [
2031 the vulnerable adult's person or health is endangered[
2032
2033 (3) (a) A violation of Subsection (2):
2034 (i) is a class A misdemeanor if done intentionally or knowingly[
2035
2036 (ii) is a class B misdemeanor if done recklessly[
2037
2038 (iii) is a class C misdemeanor if done with criminal negligence[
2039
2040 (b) [
2041 Subsection (2) that is based on isolation of a vulnerable adult is a third degree felony.
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
2114
2115 [
2116 [
2117 [
2118 this section that the [
2119 [
2120 reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in
2121 lieu of medical care.
2122 [
2123 willfully isolating a vulnerable adult, in addition to the penalties under Subsection [
2124 the court may require that the [
2125 (a) undergo appropriate counseling as a condition of the sentence; and
2126 (b) pay for the costs of the ordered counseling.
2127 Section 44. Section 76-5-111.2 is enacted to read:
2128 76-5-111.2. Aggravated abuse of a vulnerable adult -- Penalties.
2129 (1) (a) As used in this section, "abuse," "caretaker," "isolation," "neglect," "serious
2130 physical injury," and "vulnerable adult" all mean the same as those terms are defined in Section
2131 76-5-111.
2132 (b) Terms defined in Section 76-1-101.5 apply to this section.
2133 (2) An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if
2134 the actor, under a circumstance likely to produce death or serious physical injury:
2135 (a) causes a vulnerable adult to suffer serious physical injury;
2136 (b) having the care or custody of a vulnerable adult, causes or permits the vulnerable
2137 adult's person or health to be injured; or
2138 (c) causes or permits a vulnerable adult to be placed in a situation in which the
2139 vulnerable adult's person or health is endangered.
2140 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
2141 knowingly.
2142 (b) A violation of Subsection (2) is a third degree felony if done recklessly.
2143 (c) A violation of Subsection (2) is a class A misdemeanor if done with criminal
2144 negligence.
2145 (4) (a) It does not constitute a defense to a prosecution for a violation of this section
2146 that the actor did not know the age of the vulnerable adult.
2147 (b) An adult is not considered abused, neglected, or a vulnerable adult for the reason
2148 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
2149 medical care.
2150 (5) If an actor, including a caretaker, violates this section by willfully isolating a
2151 vulnerable adult, in addition to the penalties under Subsection (3), the court may require that
2152 the actor:
2153 (a) undergo appropriate counseling as a condition of the sentence; and
2154 (b) pay for the costs of the ordered counseling.
2155 Section 45. Section 76-5-111.3 is enacted to read:
2156 76-5-111.3. Personal dignity exploitation of a vulnerable adult -- Penalties.
2157 (1) (a) As used in this section, "abuse," "caretaker," "exploitation," "neglect," and
2158 "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111.
2159 (b) Terms defined in Section 76-1-101.5 apply to this section.
2160 (2) Except as provided in Subsection (4), an actor commits personal dignity
2161 exploitation of a vulnerable adult if the actor is a caretaker of a vulnerable adult and
2162 intentionally, knowingly, or recklessly:
2163 (a) creates, transmits, or displays a photographic or electronic image or recording of the
2164 vulnerable adult:
2165 (i) to which creation, transmission, or display a reasonable person would not consent;
2166 and
2167 (ii) (A) that shows the vulnerable adult's unclothed breasts, buttocks, anus, genitals, or
2168 pubic area;
2169 (B) that displays the clothed area of only the vulnerable adult's breasts, buttocks, anus,
2170 genitals, or pubic area; or
2171 (C) that shows the vulnerable adult engaged in conduct that is harmful to the mental or
2172 physical health or safety of the vulnerable adult; or
2173 (b) causes the vulnerable adult to participate in an act that is highly offensive or
2174 demeaning to the vulnerable adult:
2175 (i) in which a reasonable person would not participate; or
2176 (ii) that is harmful to the mental or physical health or safety of the vulnerable adult.
2177 (3) (a) (i) A violation of Subsection (2) is a class A misdemeanor if done intentionally
2178 or knowingly.
2179 (ii) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
2180 (b) (i) It is a separate offense under Subsection (2)(a) for each vulnerable adult
2181 included in a photographic or electronic image or recording created, transmitted, or displayed
2182 in violation of Subsection (2)(a).
2183 (ii) It is a separate offense under Subsection (2)(b) for each vulnerable adult caused to
2184 participate in an act in violation of Subsection (2)(b).
2185 (4) (a) A caretaker does not violate Subsection (2)(a) if the caretaker creates, transmits,
2186 or displays the photographic or electronic image or recording:
2187 (i) with the consent of the vulnerable adult, if the vulnerable adult:
2188 (A) is mentally and physically able to give voluntary consent to the creation,
2189 transmission, or display; and
2190 (B) gives voluntary consent for the creation, transmission, or display;
2191 (ii) for a legitimate purpose relating to monitoring or providing care, treatment, or
2192 diagnosis; or
2193 (iii) for a legitimate purpose relating to investigating abuse, neglect, or exploitation.
2194 (b) A caretaker does not violate Subsection (2)(b) if:
2195 (i) the vulnerable adult:
2196 (A) is mentally and physically able to give voluntary consent to participate in the act;
2197 and
2198 (B) gives voluntary consent to participate in the act; or
2199 (ii) the caretaker causes the vulnerable adult to participate in the act for a legitimate
2200 purpose relating to:
2201 (A) monitoring or providing care, treatment, or diagnosis; or
2202 (B) investigating abuse, neglect, or exploitation.
2203 (5) (a) It is not a defense that the vulnerable adult was unaware of:
2204 (i) the creation, transmission, or display prohibited under Subsection (2)(a); or
2205 (ii) participation in the act, or the nature of participation in the act, under Subsection
2206 (2)(b).
2207 (b) It does not constitute a defense to a prosecution for a violation of this section that
2208 the actor did not know the age of the vulnerable adult.
2209 Section 46. Section 76-5-111.4 is enacted to read:
2210 76-5-111.4. Financial exploitation of a vulnerable adult -- Penalties.
2211 (1) (a) As used in this section:
2212 (i) "Abuse" means the same as that term is defined in Section 76-5-111.
2213 (ii) "Business relationship" means a relationship between two or more individuals or
2214 entities where there exists an oral or written agreement for the exchange of goods or services.
2215 (iii) "Deception" means:
2216 (A) a misrepresentation or concealment:
2217 (I) of a material fact relating to services rendered, disposition of property, or use of
2218 property intended to benefit a vulnerable adult;
2219 (II) of the terms of a contract or agreement entered into with a vulnerable adult; or
2220 (III) relating to the existing or preexisting condition of any property involved in a
2221 contract or agreement entered into with a vulnerable adult; or
2222 (B) the use or employment of any misrepresentation, false pretense, or false promise in
2223 order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.
2224 (iv) "Endeavor" means to attempt or try.
2225 (v) "Intimidation" means communication conveyed through verbal or nonverbal
2226 conduct that threatens deprivation of money, food, clothing, medicine, shelter, social
2227 interaction, supervision, health care, or companionship, or that threatens isolation or harm.
2228 (vi) "Isolation" means the same as that term is defined in Section 76-5-111.
2229 (vii) "Lacks capacity to consent" means an impairment by reason of mental illness,
2230 developmental disability, organic brain disorder, physical illness or disability, chronic use of
2231 drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a
2232 vulnerable adult lacks sufficient understanding of the nature or consequences of decisions
2233 concerning the vulnerable adult's person or property.
2234 (viii) "Neglect" means the same as that term is defined in Section 76-5-111.
2235 (ix) "Undue influence" occurs when a person:
2236 (A) uses influence to take advantage of a vulnerable adult's mental or physical
2237 impairment; or
2238 (B) uses the person's role, relationship, or power:
2239 (I) to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or
2240 fear of a vulnerable adult; or
2241 (II) to gain control deceptively over the decision making of the vulnerable adult.
2242 (x) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.
2243 (b) Terms defined in Section 76-1-101.5 apply to this section.
2244 (2) An actor commits the offense of financial exploitation of a vulnerable adult if the
2245 actor:
2246 (a) is in a position of trust and confidence, or has a business relationship, with the
2247 vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception
2248 or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds,
2249 credit, assets, or other property with the intent to temporarily or permanently deprive the
2250 vulnerable adult of the use, benefit, or possession of the vulnerable adult's property, for the
2251 benefit of someone other than the vulnerable adult;
2252 (b) knows or should know that the vulnerable adult lacks the capacity to consent, and
2253 obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or
2254 endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to
2255 temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the
2256 vulnerable adult's property for the benefit of someone other than the vulnerable adult;
2257 (c) unjustly or improperly uses or manages the resources of a vulnerable adult for the
2258 profit or advantage of someone other than the vulnerable adult;
2259 (d) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship
2260 for the profit or advantage of someone other than the vulnerable adult; or
2261 (e) involves a vulnerable adult who lacks the capacity to consent in the facilitation or
2262 furtherance of any criminal activity.
2263 (3) (a) A violation of Subsection (2) is a second degree felony if done intentionally or
2264 knowingly and the aggregate value of the resources used or the profit made is or exceeds
2265 $5,000.
2266 (b) A violation of Subsection (2) is a third degree felony if done intentionally or
2267 knowingly and the aggregate value of the resources used or the profit made is less than $5,000
2268 or cannot be determined.
2269 (c) A violation of Subsection (2) is a class A misdemeanor if done recklessly.
2270 (d) A violation of Subsection (2) is a class B misdemeanor if done with criminal
2271 negligence.
2272 (4) It does not constitute a defense to a prosecution for a violation of this section that
2273 the actor did not know the age of the vulnerable adult.
2274 Section 47. Section 76-5-112 is amended to read:
2275 76-5-112. Reckless endangerment -- Penalty.
2276 (1) Terms defined in Section 76-1-101.5 apply to this section.
2277 [
2278 not amounting to a felony offense, the [
2279 a substantial risk of death or serious bodily injury to another [
2280 [
2281 misdemeanor.
2282 Section 48. Section 76-5-112.5 is amended to read:
2283 76-5-112.5. Endangerment of a child or vulnerable adult.
2284 (1) (a) As used in this section:
2285 [
2286 [
2287 controlled substance;
2288 [
2289 or
2290 [
2291 substance.
2292 [
2293 [
2294 [
2295 equipment.
2296 [
2297 [
2298 58-37-2.
2299 [
2300 58-37a-3.
2301 [
2302 [
2303 [
2304 [
2305 [
2306 [
2307 production of a controlled substance.
2308 [
2309 [
2310
2311 [
2312 [
2313
2314 (b) Terms defined in Section 76-1-101.5 apply to this section.
2315 (2) An actor commits endangerment of a child or vulnerable adult if the actor
2316 knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to,
2317 inhale, ingest, or have contact with a controlled substance, chemical substance, or drug
2318 paraphernalia[
2319 [
2320
2321 (3) (a) A violation of Subsection (2) is a third degree felony.
2322 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
2323 felony if:
2324 (i) the [
2325 (ii) as a result of the conduct described in Subsection (2)[
2326 vulnerable adult suffers bodily injury, substantial bodily injury, or serious bodily injury[
2327 [
2328 (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
2329 degree felony if:
2330 (i) the [
2331 (ii) as a result of the conduct described in Subsection (2)[
2332 vulnerable adult dies.
2333 [
2334 delinquency proceedings for a violation of Subsection (2) unless:
2335 [
2336 [
2337 controlled substance, chemical substance, or drug paraphernalia, is under 12 years old.
2338 [
2339 substance:
2340 [
2341 61a, Utah Medical Cannabis Act; and
2342 [
2343 lawfully prescribed or recommended to under Title 26, Chapter 61a, Utah Medical Cannabis
2344 Act.
2345 (5) The penalties described in this section are separate from, and in addition to, the
2346 penalties and enhancements described in Title 58, Occupations and Professions.
2347 (6) If an offense committed under this section amounts to an offense subject to a
2348 greater penalty under another provision of state law, this section does not prohibit prosecution
2349 and sentencing for the more serious offense.
2350 Section 49. Section 76-5-113 is amended to read:
2351 76-5-113. Surreptitious administration of certain substances -- Definitions --
2352 Penalties -- Defenses.
2353 (1) (a) As used in this section:
2354 [
2355 inhalation, ingestion, or by any other means.
2356 [
2357 the same as that term is defined in Section 32B-1-102.
2358 [
2359 [
2360 term is defined in Section 58-37-2.
2361 [
2362 likely cause bodily injury.
2363 (v) "Health care provider" means the same as that term is defined in Section 26-23a-1.
2364 [
2365 serious bodily injury or death.
2366 [
2367 is defined in Section 58-17b-102.
2368 [
2369 term is defined in Section 19-2-115.
2370 [
2371 deleterious substance [
2372 (b) Terms defined in Section 76-1-101.5 apply to this section.
2373 (2) [
2374
2375 actor, surreptitiously or by means of fraud, deception, or misrepresentation, [
2376
2377 (a) any poisonous, deleterious, or controlled substance; or
2378 (b) any alcoholic beverage.
2379 (3) A violation of Subsection (2) is:
2380 (a) a second degree felony if the substance is a poisonous substance, regardless of
2381 whether the substance is a controlled substance or a prescription drug;
2382 (b) a third degree felony if the substance is not within the scope of Subsection (3)(a),
2383 and is a controlled substance or a prescription drug; [
2384 (c) a class A misdemeanor if the substance is a deleterious substance or an alcoholic
2385 beverage.
2386 (4) (a) It is an affirmative defense to a prosecution under Subsection (2) that the actor:
2387 (i) provided the appropriate administration of a prescription drug; and
2388 (ii) acted on the reasonable belief that the actor's conduct was in the best interest of the
2389 well-being of the [
2390 (b) (i) The defendant shall file and serve on the prosecuting attorney a notice in writing
2391 of the defendant's intention to claim a defense under Subsection (4)(a) not fewer than 20 days
2392 before the trial.
2393 (ii) The notice shall specifically identify the factual basis for the defense and the names
2394 and addresses of the witnesses the defendant proposes to examine to establish the defense.
2395 (c) (i) The prosecuting attorney shall file and serve the defendant with a notice
2396 containing the names and addresses of the witnesses the prosecutor proposes to examine in
2397 order to contradict or rebut the defendant's claim of an affirmative defense under Subsection
2398 (4)(a).
2399 (ii) This notice shall be filed or served not more than 10 days after receipt of the
2400 defendant's notice under Subsection (4)(b), or at another time as the court may direct.
2401 (d) (i) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c)
2402 entitles the opposing party to a continuance to allow for preparation.
2403 (ii) If the court finds that a party's failure to comply is the result of bad faith, it may
2404 impose appropriate sanctions.
2405 (5) (a) This section does not diminish the scope of authorized health care by a health
2406 care provider [
2407 (b) Conduct in violation of Subsection (2) may also constitute a separate offense.
2408 Section 50. Section 76-5-114, which is renumbered from Section 76-5-109.1 is
2409 renumbered and amended to read:
2410 [
2411 a child.
2412 (1) (a) As used in this section:
2413 [
2414 in Section 78B-7-102.
2415 (ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).
2416 [
2417 is defined in Section 77-36-1.
2418 [
2419 [
2420 [
2421 domestic violence.
2422 (b) Terms defined in Section 76-1-101.5 apply to this section.
2423 (2) [
2424 [
2425 (a) commits or attempts to commit a criminal homicide[
2426
2427 (b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous
2428 weapon[
2429 serious bodily injury against a cohabitant, in the presence of a child; or
2430 (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b),
2431 commits an act of domestic violence in the presence of a child.
2432 (3) (a) [
2433 third degree felony.
2434 (b) [
2435 misdemeanor.
2436 (4) (a) A charge under this section is separate and distinct from, and is in addition to, a
2437 charge of domestic violence [
2438 (b) Either or both charges may be filed by the prosecutor.
2439 (5) [
2440 child is present is guilty of one offense of domestic violence in the presence of a child
2441 regarding each child present when the violation occurred.
2442 Section 51. Section 76-5-201 is amended to read:
2443 76-5-201. Criminal homicide -- Designations of offenses -- Exceptions --
2444 Application of consensual altercation defense.
2445 [
2446
2447
2448
2449 [
2450
2451 [
2452
2453 (1) (a) As used in this section:
2454 (i) "Abortion" means the same as that term is defined in Section 76-7-301.
2455 (ii) "Criminal homicide" means an act causing the death of another human being,
2456 including an unborn child at any stage of the unborn child's development.
2457 (b) The terms defined in Section 76-1-101.5 apply to this section.
2458 (2) The following are criminal homicide:
2459 (a) aggravated murder;
2460 (b) murder;
2461 (c) manslaughter;
2462 (d) child abuse homicide;
2463 (e) homicide by assault;
2464 (f) negligent homicide; and
2465 (g) automobile homicide.
2466 [
2467 homicide [
2468 (a) the death of an unborn child is caused by an abortion;
2469 (b) the sole reason for the death of [
2470 [
2471 [
2472 [
2473 [
2474 [
2475
2476 (c) a woman causes the death of her own unborn child, and the death:
2477 [
2478 [
2479 (4) The provisions governing a defense of a consensual altercation as described in
2480 Section 76-5-104 apply to this part.
2481 Section 52. Section 76-5-202 is amended to read:
2482 76-5-202. Aggravated murder -- Penalties -- Affirmative defense and special
2483 mitigation -- Separate offense.
2484 [
2485
2486 [
2487 (1) (a) As used in this section:
2488 (i) "Correctional officer" means the same as that term is defined in Section 53-13-104.
2489 (ii) "Emergency responder" means the same as that term is defined in Section
2490 53-2b-102.
2491 (iii) "Federal officer" means the same as that term is defined in Section 53-13-106.
2492 (iv) "Law enforcement officer" means the same as that term is defined in Section
2493 53-13-103.
2494 (v) "Peace officer" means:
2495 (A) a correctional officer, federal officer, law enforcement officer, or special function
2496 officer; or
2497 (B) any other person who may exercise peace officer authority in accordance with Title
2498 53, Chapter 13, Peace Officer Classifications.
2499 (vi) "Special function officer" means the same as that term is defined in Section
2500 53-13-105.
2501 (vii) "Target a law enforcement officer" means an act:
2502 (A) involving the unlawful use of force and violence against a law enforcement officer;
2503 (B) that causes serious bodily injury or death; and
2504 (C) that is in furtherance of political or social objectives in order to intimidate or
2505 coerce a civilian population or to influence or affect the conduct of a government or a unit of
2506 government.
2507 (viii) "Weapon of mass destruction" means the same as that term is defined in Section
2508 76-10-401.
2509 (b) Terms defined in Section 76-1-101.5 apply to this section.
2510 (2) (a) An actor commits aggravated murder if the actor intentionally or knowingly
2511 causes the death of another individual under any of the following circumstances:
2512 (i) the actor committed homicide while confined in a jail or other correctional
2513 institution;
2514 [
2515 one act, scheme, course of conduct, or criminal episode during which two or more [
2516 individuals other than the actor were killed[
2517
2518 (B) the actor, during commission of the homicide, attempted to kill one or more other
2519 individuals in addition to the deceased individual;
2520 [
2521 individual other than the [
2522 [
2523 course of conduct, or criminal episode during which the actor committed or attempted to
2524 commit aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a child,
2525 forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child,
2526 aggravated sexual abuse of a child, aggravated child abuse as [
2527 [
2528 aggravated burglary, burglary, aggravated kidnapping, or kidnapping, or child kidnapping;
2529 [
2530 course of conduct, or criminal episode during which the actor committed the crime of abuse or
2531 desecration of a dead human body as [
2532 [
2533 preventing an arrest of the [
2534 under color of legal authority or for the purpose of effecting the [
2535 actor's or another individual's escape from lawful custody;
2536 [
2537 [
2538 to commit the homicide [
2539 promise of remuneration for commission of the homicide;
2540 [
2541 [
2542 [
2543 [
2544 [
2545 [
2546 would be a violation of a crime listed in this Subsection [
2547 [
2548 [
2549 [
2550 [
2551 [
2552 [
2553 [
2554 [
2555 [
2556 [
2557 [
2558 [
2559 [
2560 [
2561 [
2562 [
2563 [
2564 [
2565 [
2566 state would be a violation of a crime listed in this Subsection [
2567 [
2568 [
2569 [
2570 proceedings or official investigation;
2571 [
2572 in any legal proceedings or official investigation; or
2573 [
2574 laws;
2575 [
2576 public official, or a candidate for public office, and the homicide is based on, is caused by, or is
2577 related to that official position, act, capacity, or candidacy;
2578 [
2579 homicide is based on, is caused by, or is related to the [
2580 and the actor knew, or reasonably should have known, that the [
2581 holds or has held the position of:
2582 [
2583
2584 (A) a peace officer;
2585 [
2586 [
2587 ambulance personnel, or any other emergency responder [
2588 [
2589 [
2590 personal property, real property, or the life and well-being of human or animal life in the area
2591 of the offense;
2592 [
2593 [
2594 similar device which was planted, hidden, or concealed in any place, area, dwelling, building,
2595 or structure, or was mailed or delivered;
2596 [
2597
2598 [
2599 [
2600 assuming control of [
2601 force with intent to:
2602 (A) obtain any valuable consideration for the release of the public conveyance or any
2603 passenger, crew member, or any other person aboard[
2604 (B) direct the route or movement of the public conveyance; or
2605 (C) otherwise exert control over the public conveyance;
2606 [
2607 administration of a poison or of any lethal substance or of any substance administered in a
2608 lethal amount, dosage, or quantity;
2609 [
2610 as a shield, hostage, or for ransom;
2611 [
2612 atrocious, cruel, or exceptionally depraved manner, any of which must be demonstrated by
2613 physical torture, serious physical abuse, or serious bodily injury of the [
2614 individual before death;
2615 [
2616 individual's body, whether before or after death, in a manner demonstrating the actor's
2617 depravity of mind; or
2618 [
2619 deceased individual:
2620 [
2621 [
2622 [
2623 (b) An actor commits aggravated murder if the actor, with reckless indifference to
2624 human life, causes the death of another individual incident to an act, scheme, course of
2625 conduct, or criminal episode during which the actor is a major participant in the commission or
2626 attempted commission of:
2627 [
2628 Subsection [
2629 [
2630 [
2631 [
2632 [
2633 [
2634 (3) (a) If a notice of intent to seek the death penalty has been filed, [
2635 a violation of Subsection (2) is a capital felony.
2636 (b) If a notice of intent to seek the death penalty has not been filed, aggravated murder
2637 is a noncapital first degree felony punishable as provided in Section 76-3-207.7.
2638 (c) (i) Within 60 days after arraignment of the defendant, the prosecutor may file notice
2639 of intent to seek the death penalty.
2640 (ii) The notice shall be served on the defendant or defense counsel and filed with the
2641 court.
2642 [
2643 60 days after the arraignment upon written stipulation of the parties or upon a finding by the
2644 court of good cause.
2645 (d) Without the consent of the prosecutor, the court may not accept a plea of guilty to
2646 noncapital first degree felony aggravated murder during the period in which the prosecutor may
2647 file a notice of intent to seek the death penalty under Subsection (3)(c)(i).
2648 (e) If the defendant was younger than 18 years [
2649 committed, aggravated murder is a noncapital first degree felony punishable as provided in
2650 Section 76-3-207.7.
2651 (f) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
2652 aggravated murder, or alternatively, attempted aggravated murder, as described in this section,
2653 are proved beyond a reasonable doubt, and also finds that the existence of special mitigation is
2654 established by a preponderance of the evidence and in accordance with Section 76-5-205.5, the
2655 court shall enter a judgment of conviction as follows:
2656 (i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
2657 enter a judgment of conviction for murder; or
2658 (ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
2659 court shall enter a judgment of conviction for attempted murder.
2660 (4) (a) It is an affirmative defense to a charge of aggravated murder or attempted
2661 aggravated murder that the [
2662 the death of another under a reasonable belief that the circumstances provided a legal
2663 justification or excuse for the conduct although the conduct was not legally justifiable or
2664 excusable under the existing circumstances.
2665 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
2666 the viewpoint of a reasonable person under the then existing circumstances.
2667 [
2668 [
2669 [
2670 (c) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
2671 aggravated murder, or alternatively, attempted aggravated murder, as described in this section,
2672 are proved beyond a reasonable doubt, and also finds the affirmative defense described in this
2673 Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of
2674 conviction as follows:
2675 (i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
2676 enter a judgment of conviction for murder; or
2677 (ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
2678 court shall enter a judgment of conviction for attempted murder.
2679 (5) (a) Any aggravating circumstance described in Subsection [
2680 constitutes a separate offense does not merge with the crime of aggravated murder.
2681 (b) [
2682 aggravating circumstance described in Subsection [
2683 offense, may also be convicted of, and punished for, the separate offense.
2684 Section 53. Section 76-5-203 is amended to read:
2685 76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
2686 Separate offenses.
2687 (1) (a) As used in this section, "predicate offense" means:
2688 [
2689 [
2690 when the [
2691 [
2692 [
2693 [
2694 (vi) rape under Section 76-5-402;
2695 [
2696 (viii) object rape under Section 76-5-402.2;
2697 [
2698 (x) forcible sodomy under Section 76-5-403;
2699 [
2700 [
2701 [
2702 76-5-404.1;
2703 [
2704 [
2705 [
2706 (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
2707 [
2708 [
2709 [
2710 [
2711 [
2712 [
2713 [
2714 [
2715 [
2716 of a firearm or dangerous weapon.
2717 (b) Terms defined in Section 76-1-101.5 apply to this section.
2718 (2) [
2719 (a) the actor intentionally or knowingly causes the death of another individual;
2720 (b) intending to cause serious bodily injury to another individual, the actor commits an
2721 act clearly dangerous to human life that causes the death of [
2722 (c) acting under circumstances evidencing a depraved indifference to human life, the
2723 actor knowingly engages in conduct [
2724 individual and thereby causes the death of [
2725 (d) (i) the actor is engaged in the commission, attempted commission, or immediate
2726 flight from the commission or attempted commission of any predicate offense, or is a party to
2727 the predicate offense;
2728 (ii) [
2729 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight
2730 from the commission or attempted commission of any predicate offense; and
2731 (iii) the actor acted with the intent required as an element of the predicate offense;
2732 (e) the actor recklessly causes the death of a peace officer or military service member
2733 in uniform while in the commission or attempted commission of:
2734 (i) an assault against a peace officer under Section 76-5-102.4;
2735 (ii) interference with a peace officer while making a lawful arrest under Section
2736 76-8-305 if the actor uses force against [
2737 (iii) an assault against a military service member in uniform under Section 76-5-102.4;
2738 or
2739 (f) the actor commits a homicide [
2740 offense is reduced [
2741 [
2742
2743 (3) (a) (i) [
2744 [
2745 imprisonment for an indeterminate term of not less than 15 years and which may be for life.
2746 (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
2747 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
2748 doubt, and also finds that the existence of special mitigation is established by a preponderance
2749 of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
2750 conviction as follows:
2751 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
2752 judgment of conviction for manslaughter; or
2753 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
2754 notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of
2755 conviction for attempted manslaughter.
2756 (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
2757 defendant caused the death of another individual or attempted to cause the death of another
2758 individual under a reasonable belief that the circumstances provided a legal justification or
2759 excuse for the conduct although the conduct was not legally justifiable or excusable under the
2760 existing circumstances.
2761 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
2762 the viewpoint of a reasonable person under the then existing circumstances.
2763 [
2764 [
2765 [
2766 (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
2767 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
2768 doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
2769 beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
2770 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
2771 judgment of conviction for manslaughter; or
2772 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
2773 enter a judgment of conviction for attempted manslaughter.
2774 (5) (a) Any predicate offense [
2775 offense does not merge with the crime of murder.
2776 (b) [
2777 [
2778 punished for, the separate offense.
2779 Section 54. Section 76-5-205 is amended to read:
2780 76-5-205. Manslaughter -- Penalties.
2781 (1) (a) As used in this section:
2782 [
2783 [
2784 treatment procedures to the extent allowed under Title 75, Chapter 2a, Advance Health Care
2785 Directive Act, or any other laws of this state.
2786 [
2787 authorized by law to administer, dispense, distribute, or prescribe medications or procedures in
2788 the course of professional practice.
2789 [
2790 (b) Terms defined in Section 76-1-101.5 apply to this section.
2791 (2) Except as provided in Subsection (5), [
2792
2793 (a) recklessly causes the death of another individual;
2794 (b) intentionally, and with knowledge that another individual intends to commit suicide
2795 or attempt to commit suicide, aids the [
2796 (c) commits a homicide which would be murder, but the offense is reduced [
2797
2798 [
2799 (3) [
2800 (4) (a) In addition to the penalty described under this section or any other section,[
2801
2802 defendant's driver license revoked under Section 53-3-220 if the death of another individual
2803 results from driving a motor vehicle.
2804 (b) The court shall forward the report of the conviction resulting from driving a motor
2805 vehicle to the Driver License Division in accordance with Section 53-3-218.
2806 (5) (a) A practitioner does not violate Subsection (2)(b) if the practitioner provides
2807 medication or a procedure to treat an individual's illness or relieve an individual's pain or
2808 discomfort, regardless of whether the medication or procedure may hasten or increase the risk
2809 of death to the individual to whom the practitioner provides the medication or procedure[
2810
2811 (b) Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the
2812 practitioner intentionally and knowingly provides the medication or procedure to aid the
2813 individual to commit suicide or attempt to commit suicide.
2814 Section 55. Section 76-5-205.5 is amended to read:
2815 76-5-205.5. Special mitigation for mental illness or provocation -- Burden of
2816 proof -- Charge reduction.
2817 (1) (a) As used in this section:
2818 [
2819 shock, or grief that:
2820 [
2821 [
2822 and restraint.
2823 [
2824 [
2825 [
2826 [
2827 (b) The terms defined in Section 76-1-101.5 apply to this section.
2828 (2) Special mitigation exists when a defendant causes the death of another individual or
2829 attempts to cause the death of another individual:
2830 (a) (i) under circumstances that are not legally justified, but the defendant acts under a
2831 delusion attributable to a mental illness;
2832 (ii) the nature of the delusion is such that, if the facts existed as the defendant believed
2833 them to be in the delusional state, those facts would provide a legal justification for the
2834 defendant's conduct; and
2835 (iii) the defendant's actions, in light of the delusion, are reasonable from the objective
2836 viewpoint of a reasonable person; or
2837 (b) except as provided in Subsection (4), under the influence of extreme emotional
2838 distress that is predominantly caused by the victim's highly provoking act immediately
2839 preceding the defendant's actions.
2840 (3) A defendant who is under the influence of voluntarily consumed, injected, or
2841 ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense
2842 may not claim mitigation of the offense under Subsection (2)(a) on the basis of mental illness if
2843 the alcohol or substance causes, triggers, or substantially contributes to the defendant's mental
2844 illness.
2845 (4) A defendant may not claim special mitigation under Subsection (2)(b) if:
2846 (a) the time period after the victim's highly provoking act and before the defendant's
2847 actions was long enough for an objectively reasonable person to have recovered from the
2848 extreme emotional distress;
2849 (b) the defendant responded to the victim's highly provoking act by inflicting serious or
2850 substantial bodily injury on the victim over a prolonged period, or by inflicting torture on the
2851 victim, regardless of whether the victim was conscious during the infliction of serious or
2852 substantial bodily injury or torture; or
2853 (c) the victim's highly provoking act, described in Subsection (2)(b), is comprised of
2854 words alone.
2855 [
2856
2857
2858
2859 [
2860 [
2861 [
2862
2863 [
2864 [
2865
2866 [
2867
2868
2869 [
2870
2871 [
2872
2873 (5) If the trier of fact finds that the elements of aggravated murder, attempted
2874 aggravated murder, murder, or attempted murder are proven beyond a reasonable doubt, and
2875 also finds that the existence of special mitigation under this section is established by a
2876 preponderance of the evidence, the court shall enter a judgment of conviction in accordance
2877 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),
2878 respectively.
2879 (6) If the issue of special mitigation is submitted to the trier of fact, the trier of fact
2880 shall return a special verdict at the same time as the general verdict, indicating whether it finds
2881 special mitigation.
2882 (7) (a) If a jury is the trier of fact, a unanimous vote of the jury is required to find
2883 special mitigation under this section.
2884 (b) If the jury unanimously finds that the elements of an offense described in
2885 Subsection (5) are proven beyond a reasonable doubt, and finds special mitigation by a
2886 unanimous vote, the jury shall return a general verdict finding the defendant guilty of the
2887 charged crime and a special verdict indicating special mitigation.
2888 (c) If the jury unanimously finds that the elements of an offense described in
2889 Subsection (5) are proven beyond a reasonable doubt but finds by a unanimous vote that
2890 special mitigation is not established, or if the jury is unable to unanimously agree that special
2891 mitigation is established, the jury shall convict the defendant of the greater offense for which
2892 the prosecution proves all the elements beyond a reasonable doubt.
2893 [
2894
2895 [
2896
2897 [
2898
2899
2900 Section 56. Section 76-5-206 is amended to read:
2901 76-5-206. Negligent homicide -- Penalties.
2902 (1) Definitions of terms in Section 76-1-101.5 apply to this section.
2903 [
2904 negligent homicide if the actor, acting with criminal negligence, causes the death of another
2905 individual.
2906 [
2907 [
2908 [
2909 defendant's driver license revoked under Section 53-3-220 if the death of another [
2910 individual results from driving a motor vehicle.
2911 (b) The court shall forward the report of the conviction to the Driver License Division
2912 in accordance with Section 53-3-218.
2913 Section 57. Section 76-5-207 is amended to read:
2914 76-5-207. Automobile homicide -- Penalties -- Evidence.
2915 (1) (a) As used in this section:
2916 (i) "Criminally negligent" means the same as that term is described in Subsection
2917 76-2-103(4).
2918 [
2919 [
2920 [
2921 [
2922 the human body, can impair the ability of [
2923 vehicle.
2924 [
2925 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
2926 [
2927 (iv) "Negligent" means simple negligence, the failure to exercise that degree of care
2928 that reasonable and prudent persons exercise under like or similar circumstances.
2929 (b) Terms defined in Section 76-1-101.5 apply to this section.
2930 (2) An actor commits automobile homicide if the actor:
2931 (a) operates a motor vehicle in a negligent or criminally negligent manner causing the
2932 death of another individual; and[
2933 (b) (i) has sufficient alcohol in [
2934 shows that the [
2935 greater at the time of the test;
2936 (ii) is under the influence of alcohol, any drug, or the combined influence of alcohol
2937 and any drug to a degree that renders the [
2938 or
2939 (iii) has a blood or breath alcohol concentration of .05 grams or greater at the time of
2940 operation.
2941 [
2942
2943 [
2944
2945
2946 [
2947
2948
2949 [
2950
2951
2952 [
2953
2954 [
2955
2956 [
2957
2958 (3) (a) (i) A violation of Subsection (2) is a third degree felony if the actor operated a
2959 motor vehicle in a negligent manner.
2960 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
2961 degree felony if the actor operated the motor vehicle in a criminally negligent manner.
2962 (iii) Notwithstanding Subsection (3)(a)(i) or (ii), a violation of Subsection (2) is a
2963 second degree felony if:
2964 (A) the actor operated a motor vehicle in a negligent manner; and
2965 (B) conviction for the violation is subsequent to a conviction as defined in Subsection
2966 41-6a-501(2)(a).
2967 (b) An actor is guilty of a separate offense for each individual other than the actor
2968 suffering bodily injury or serious bodily injury, whether or not the injuries arise from the same
2969 episode of driving, as a result of the actor's violation of Section 41-6a-502 or death as a result
2970 of the actor's violation of this section.
2971 (4) The fact that an actor charged with violating this section is or has been legally
2972 entitled to use alcohol or a drug is not a defense.
2973 [
2974 41-6a-515 and the provisions for the admissibility of chemical test results as provided by
2975 Section 41-6a-516 apply to determination and proof of blood alcohol content under this
2976 section.
2977 [
2978 be made in accordance with Subsection 41-6a-502(1).
2979 [
2980
2981 [
2982 admissible except when prohibited by Rules of Evidence or the constitution.
2983 [
2984
2985
2986
2987 Section 58. Section 76-5-207.5 is amended to read:
2988 76-5-207.5. Automobile homicide involving a handheld wireless communication
2989 device while driving.
2990 (1) (a) As used in this section:
2991 [
2992 that term is described in Subsection 76-2-103(4).
2993 [
2994 the same as that term is defined in Section 41-6a-1716.
2995 [
2996 automobile, truck, van, motorcycle, train, engine, watercraft, or aircraft.
2997 [
2998 care that reasonable and prudent persons exercise under like or similar circumstances.
2999 [
3000 (b) Terms defined in Section 76-1-101.5 apply to this section.
3001 (2) An actor commits automobile homicide if the actor:
3002 (a) operates a moving motor vehicle:
3003 (i) (A) in a negligent manner[
3004 (B) in a criminally negligent manner; and
3005 [
3006 41-6a-1716; and
3007 (b) [
3008 [
3009
3010 [
3011
3012 [
3013 (3) (a) A violation of Subsection (2)(a)(i)(A) is a third degree felony.
3014 (b) A violation of Subsection (2)(a)(i)(B) is a second degree felony.
3015 Section 59. Section 76-5-208 is amended to read:
3016 76-5-208. Child abuse homicide -- Penalties.
3017 [
3018
3019 (1) (a) As used in this section, "child abuse" means an offense described in Sections
3020 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114.
3021 (b) Terms defined in Section 76-1-101.5 apply to this section.
3022 (2) Unless a violation amounts to aggravated murder as described in Section 76-5-202,
3023 an actor commits child abuse homicide if:
3024 (a) (i) the actor causes the death of [
3025 than 18 years [
3026 (ii) the individual's death results from child abuse[
3027
3028 [
3029 76-5-109.2(3)(b);
3030 [
3031 [
3032 [
3033 described in Subsection [
3034 recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).
3035 [
3036 (2)(b)(i) is a first degree felony.
3037 [
3038 (b) A violation of Subsection (2)(b)(ii) or (iii) is a second degree felony.
3039 Section 60. Section 76-5-209 is amended to read:
3040 76-5-209. Homicide by assault -- Penalty.
3041 (1) Terms defined in Section 76-1-101.5 apply to this section.
3042 [
3043 amounting to aggravated murder, murder, or manslaughter[
3044 (a) the actor causes the death of another individual; and
3045 (b) the actor causes the other individual's death while intentionally or knowingly
3046 attempting, with unlawful force or violence, to do bodily injury to [
3047 individual.
3048 [
3049 Section 61. Section 76-5-301 is amended to read:
3050 76-5-301. Kidnapping.
3051 (1) (a) As used in this section:
3052 (i) "Against the will of an individual" includes without the consent of the legal
3053 guardian, caretaker, or custodian of an individual who is a dependent adult.
3054 (ii) "Dependent adult" means the same as that term is defined in Section 76-5-111.
3055 (iii) "Minor" means an individual who is 14 years old or older but younger than 18
3056 years old.
3057 (b) Terms defined in Section 76-1-101.5 apply to this section.
3058 [
3059 authority of law, and against the will of [
3060 (a) detains or restrains the [
3061 (b) detains or restrains the [
3062 individual to risk of bodily injury;
3063 (c) holds the [
3064 (d) detains or restrains a minor without the consent of the minor's parent or legal
3065 guardian or the consent of a person acting in loco parentis[
3066
3067 (e) moves the [
3068 [
3069
3070
3071 (3) [
3072 Section 62. Section 76-5-301.1 is amended to read:
3073 76-5-301.1. Child kidnapping.
3074 (1) (a) As used in this section, "child" means an individual under 14 years old.
3075 (b) Terms defined in Section 76-1-101.5 apply to this section.
3076 [
3077 without authority of law, and by any means and in any manner, seizes, confines, detains, or
3078 transports a child [
3079 guardian, or the consent of a person acting in loco parentis.
3080 [
3081 (3) [
3082 [
3083 (4) An actor convicted of a violation of this section shall be sentenced to imprisonment
3084 of:
3085 (a) except as provided in Subsection [
3086 15 years and which may be for life;
3087 (b) except as provided in Subsection [
3088 trier of fact finds that during the course of the commission of the child kidnapping the
3089 [
3090 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3091 child kidnapping the [
3092 [
3093 that a lesser term than the term described in Subsection [
3094 justice and states the reasons for this finding on the record, the court may impose a term of
3095 imprisonment of not less than:
3096 (a) for purposes of Subsection [
3097 (b) for purposes of Subsection [
3098 (i) 10 years and which may be for life; or
3099 (ii) six years and which may be for life.
3100 [
3101 sentenced under Subsection [
3102 [
3103 younger than 18 years [
3104 [
3105 76-3-406.
3106 (9) A violation of Section 76-5-303 is not a violation of this section.
3107 Section 63. Section 76-5-302 is amended to read:
3108 76-5-302. Aggravated kidnapping.
3109 (1) (a) As used in this section, "in the course of committing unlawful detention or
3110 kidnapping" means in the course of committing, attempting to commit, or in the immediate
3111 flight after the attempt or commission of a violation of:
3112 (i) Section 76-5-301, kidnapping; or
3113 (ii) Section 76-5-304, unlawful detention.
3114 (b) Terms defined in Section 76-1-101.5 apply to this section.
3115 [
3116 committing unlawful detention or kidnapping:
3117 (a) uses or threatens to use a dangerous weapon [
3118 (b) acts with the intent to:
3119 (i) [
3120 third person to engage in particular conduct or to forbear from engaging in particular conduct;
3121 (ii) [
3122 attempted commission of a felony;
3123 (iii) [
3124 (iv) [
3125 (v) [
3126 (vi) [
3127 Offenses.
3128 [
3129
3130
3131 [
3132 [
3133 [
3134 committing unlawful detention is a third degree felony.
3135 [
3136 committing kidnapping is a first degree felony [
3137 (4) An actor convicted of a violation of Subsection (3)(b) shall be sentenced to
3138 imprisonment of:
3139 (a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and
3140 which may be for life;
3141 (b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact
3142 finds that during the course of the commission of the aggravated kidnapping the defendant
3143 caused serious bodily injury to the victim or another individual; or
3144 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3145 aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.
3146 (5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a
3147 lesser term than the term described in Subsection (4)(a) or (b) is in the interests of justice and
3148 states the reasons for this finding on the record, the court may impose a term of imprisonment
3149 of not less than:
3150 (a) for purposes of Subsection (4)(b), 15 years and which may be for life; or
3151 (b) for purposes of Subsection (4)(a) or (b):
3152 (i) 10 years and which may be for life; or
3153 (ii) six years and which may be for life.
3154 (6) The provisions of Subsection (5) do not apply when a [
3155 sentenced under Subsection (4)(c).
3156 (7) Subsections (4)(b) and (c) do not apply if the [
3157 years [
3158 (8) Imprisonment under Subsection (4) is mandatory in accordance with Section
3159 76-3-406.
3160 Section 64. Section 76-5-303 is amended to read:
3161 76-5-303. Custodial interference.
3162 (1) (a) As used in this section:
3163 [
3164 [
3165 competent jurisdiction.
3166 [
3167 of competent jurisdiction.
3168 (b) Terms defined in Section 76-1-101.5 apply to this section.
3169 (2) (a) [
3170 custodial interference if, during a period of time when another [
3171 visitation of the child, the [
3172 from the [
3173 the visitation of the child.
3174 (b) [
3175 custodial interference if, during a period of time when the [
3176 visitation of the child, the [
3177 from [
3178 with the custody of the child.
3179 (3) (a) [
3180 of Subsection (2) is a class B misdemeanor.
3181 [
3182
3183 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
3184 misdemeanor if the actor:
3185 [
3186 [
3187 period immediately preceding the day on which the commission of custodial interference
3188 described in Subsection [
3189 [
3190 Subsection (2) is a felony of the third degree if, during the course of the custodial interference,
3191 the actor [
3192 the child from the state.
3193 [
3194 affirmative defense to the crime of custodial interference that:
3195 (a) the action is consented to by the [
3196 the child was interfered with; or
3197 (b) (i) the action is based on a reasonable belief that the action is necessary to protect a
3198 child from abuse, including sexual abuse; and
3199 (ii) before engaging in the action, the [
3200 intention to engage in the action, and the basis for the belief described in Subsection [
3201 (4)(b)(i), to the Division of Child and Family Services or law enforcement.
3202 Section 65. Section 76-5-303.5 is amended to read:
3203 76-5-303.5. Notification of conviction of custodial interference.
3204 (1) As used in this section:
3205 (a) (i) "Convicted" means [
3206 plea or verdict or adjudication in juvenile court of a crime or offense.
3207 (ii) "Convicted" includes:
3208 (A) a plea of guilty or guilty and mentally ill;
3209 (B) a plea of no contest; and
3210 (C) the acceptance by the court of a plea in abeyance under Title 77, Chapter 2a, Pleas
3211 in Abeyance, regardless of whether the charge is subsequently reduced or dismissed in
3212 accordance with the plea in abeyance agreement.
3213 [
3214 (b) Terms defined in Section 76-1-101.5 apply to this section.
3215 (2) If [
3216 76-5-303, the court shall notify the Driver License Division, created in Section 53-3-103, of the
3217 conviction, and whether the conviction is for:
3218 (a) a class B misdemeanor, under Subsection 76-5-303(3)(a);
3219 (b) a class A misdemeanor, under Subsection 76-5-303[
3220 (c) a felony, under Subsection 76-5-303[
3221 Section 66. Section 76-5-304 is amended to read:
3222 76-5-304. Unlawful detention and unlawful detention of a minor.
3223 (1) (a) As used in this section:
3224 (i) Acting "against the will of an individual" includes acting without the consent of the
3225 legal guardian, caretaker, or custodian of an individual who is:
3226 (A) a dependent adult; or
3227 (B) a minor who is 14 or 15 years old.
3228 (ii) "Dependent adult" means the same as that term is defined in Section 76-5-111.
3229 (b) Terms defined in Section 76-1-101.5 apply to this section.
3230 [
3231 knowingly, without authority of law, and against the will of [
3232 or restrains the [
3233 [
3234 [
3235 [
3236 more years older than the minor, and intentionally or knowingly, without authority of law, and
3237 against the will of the [
3238 the intent to cause the [
3239 time under the circumstances[
3240 [
3241 [
3242 [
3243 [
3244 [
3245
3246 [
3247 [
3248 [
3249 (4) If the conduct of the actor amounts to a violation under one of the following, the
3250 actor shall be charged with the violation and not under Subsection (2)(a) or (2)(b):
3251 (a) kidnapping, as described in Section 76-5-301; or
3252 (b) child kidnapping, as described in Section 76-5-301.1.
3253 Section 67. Section 76-5-305 is amended to read:
3254 76-5-305. Defenses.
3255 (1) It is a defense under this part that:
3256 (a) the actor was acting under a reasonable belief that:
3257 (i) the conduct was necessary to protect any [
3258 injury or death; or
3259 (ii) the detention or restraint was authorized by law; or
3260 (b) the alleged victim is younger than 18 years [
3261
3262 a reasonable belief that the custodian, guardian, caretaker, legal guardian, custodial parent, or
3263 person acting in loco parentis to the victim would, if present, have consented to the actor's
3264 conduct.
3265 (2) Subsection (1)(b) may not be used as a defense to conduct described in Section
3266 76-5-308.5.
3267 Section 68. Section 76-5-307 is amended to read:
3268 76-5-307. Definitions.
3269 As used in Sections 76-5-308 through [
3270 (1) "Child" means [
3271 (2) "Commercial purpose" includes direct or indirect participation in or facilitation of
3272 the transportation of one or more [
3273 (a) charging or obtaining a fee for the transportation; or
3274 (b) obtaining, exchanging, or receiving any thing or item of value or an attempt to
3275 conduct any of these activities.
3276 (3) "Facilitation" regarding transportation under Subsection (2) includes providing:
3277 (a) travel arrangement services;
3278 (b) payment for the costs of travel; or
3279 (c) property that would advance an act of transportation, including a vehicle or other
3280 means of transportation, a weapon, false identification, and making lodging available,
3281 including by rent, lease, or sale.
3282 (4) "Family member" means [
3283 any other [
3284 the second degree.
3285 Section 69. Section 76-5-308 is amended to read:
3286 76-5-308. Human trafficking for labor.
3287 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3288 [
3289 actor recruits, harbors, transports, obtains, patronizes, or solicits [
3290 labor through the use of force, fraud, or coercion, which may include:
3291 (a) threatening serious harm to, or physical restraint against, that [
3292 [
3293 (b) destroying, concealing, removing, confiscating, or possessing any passport,
3294 immigration document, or other government-issued identification document;
3295 (c) abusing or threatening abuse of the law or legal process against the [
3296
3297 (d) using a condition of [
3298 [
3299 under the control of the debtor as a security for debt where the reasonable value of the services
3300 is not applied toward the liquidation of the debt or the length and nature of those services are
3301 not respectively limited and defined;
3302 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
3303 cause [
3304 continue in a condition of servitude, [
3305 individual would suffer serious harm or physical restraint, or would be threatened with abuse of
3306 legal process; or
3307 (f) creating or exploiting a relationship where the [
3308 upon the actor.
3309 (3) A violation of Subsection (2) is a second degree felony.
3310 [
3311 fraud, or coercion as described in Subsection [
3312 (5) This offense is a separate offense from any other crime committed in relationship to
3313 the commission of this offense.
3314 [
3315
3316
3317 [
3318 [
3319 [
3320 [
3321 [
3322 [
3323
3324
3325 [
3326 [
3327 [
3328 Section 70. Section 76-5-308.1 is enacted to read:
3329 76-5-308.1. Human trafficking for sexual exploitation.
3330 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3331 (2) An actor commits human trafficking for sexual exploitation if the actor recruits,
3332 harbors, transports, obtains, patronizes, or solicits an individual for sexual exploitation through
3333 the use of force, fraud, or coercion, which may include:
3334 (a) threatening serious harm to, or physical restraint against, that individual or another
3335 individual;
3336 (b) destroying, concealing, removing, confiscating, or possessing any passport,
3337 immigration document, or other government-issued identification document;
3338 (c) abusing or threatening abuse of the law or legal process against the individual or
3339 another individual;
3340 (d) using a condition of an individual being a debtor due to a pledge of the individual's
3341 personal services or the personal services of an individual under the control of the debtor as a
3342 security for debt where the reasonable value of the services is not applied toward the
3343 liquidation of the debt or the length and nature of those services are not respectively limited
3344 and defined;
3345 (e) using a condition of servitude by means of any scheme, plan, or pattern intended to
3346 cause an individual to believe that if the individual did not enter into or continue in a condition
3347 of servitude, the individual or another individual would suffer serious harm or physical
3348 restraint, or would be threatened with abuse of legal process; or
3349 (f) creating or exploiting a relationship where the individual is dependent upon the
3350 actor.
3351 (3) A violation of Subsection (2) is a second degree felony.
3352 (4) Human trafficking for sexual exploitation includes all forms of commercial sexual
3353 activity, which may include the following conduct when the person acts under force, fraud, or
3354 coercion as described in Subsection (1):
3355 (a) sexually explicit performance;
3356 (b) prostitution;
3357 (c) participation in the production of pornography;
3358 (d) performance in strip clubs; and
3359 (e) exotic dancing or display.
3360 (5) This offense is a separate offense from any other crime committed in relationship to
3361 the commission of this offense.
3362 Section 71. Section 76-5-308.3 is enacted to read:
3363 76-5-308.3. Human smuggling -- Penalty.
3364 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3365 (2) An actor commits human smuggling if the actor transports or procures the
3366 transportation for one or more individuals for a commercial purpose, knowing or having reason
3367 to know that the individual or individuals transported or to be transported are not:
3368 (a) citizens of the United States;
3369 (b) permanent resident aliens; or
3370 (c) otherwise lawfully in this state or entitled to be in this state.
3371 (3) A violation of Subsection (2) is a second degree felony.
3372 (4) This offense is a separate offense from any other crime committed in relationship to
3373 the commission of this offense.
3374 Section 72. Section 76-5-308.5 is amended to read:
3375 76-5-308.5. Human trafficking of a child -- Penalties.
3376 [
3377 child" means any sexual act with a child, [
3378 to or received by any person.
3379 (b) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3380 (2) An actor commits human trafficking of a child if the actor recruits, harbors,
3381 transports, obtains, patronizes, or solicits a child for sexual exploitation or forced labor.
3382 (3) A violation of Subsection (2) is a first degree felony.
3383 [
3384 force, fraud, [
3385 (b) Human trafficking of a child for sexual exploitation includes all forms of
3386 commercial sexual activity with a child, including sexually explicit performance, prostitution,
3387 participation in the production of pornography, performance in a strip club, and exotic dancing
3388 or display as described in Section 76-5-308.1.
3389 [
3390 (5) This offense is a separate offense from any other crime committed in relationship to
3391 the commission of this offense.
3392 Section 73. Section 76-5-309 is amended to read:
3393 76-5-309. Benefitting from trafficking and human smuggling -- Penalties.
3394 [
3395
3396 [
3397
3398 [
3399
3400
3401 [
3402
3403 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3404 (2) An actor is a party to the offense if the actor benefits, receives, or exchanges
3405 anything of value from knowing participation in:
3406 (a) human trafficking for labor [
3407 76-5-308 [
3408 (b) human smuggling [
3409 76-5-308.3;
3410 (c) human trafficking of a child [
3411 Section 76-5-308.5; and
3412 (d) human trafficking for sexual exploitation in violation of Section 76-5-308.1.
3413 (3) (a) A violation of Subsection (2)(a) or (2)(d) is a second degree felony.
3414 (b) A violation of Subsection (2)(b) is a third degree felony.
3415 (c) A violation of Subsection (2)(c) is a first degree felony.
3416 [
3417 trafficking of a child, or human smuggling for each [
3418 trafficked under Section 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, [
3419 76-5-310.1.
3420 Section 74. Section 76-5-310 is amended to read:
3421 76-5-310. Aggravated human trafficking -- Penalties.
3422 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3423 [
3424 exploitation [
3425 Section 76-5-308 or 76-5-308.1, the offense:
3426 (a) results in the death of [
3427 (b) results in serious bodily injury of [
3428 (c) involves:
3429 (i) rape under Section 76-5-402;
3430 (ii) rape of a child under Section 76-5-402.1;
3431 (iii) object rape under Section 76-5-402.2;
3432 (iv) object rape of a child under Section 76-5-402.3;
3433 (v) forcible sodomy under Section 76-5-403;
3434 (vi) sodomy on a child under Section 76-5-403.1;
3435 (vii) aggravated sexual abuse of a child under Section [
3436 (viii) aggravated sexual assault under Section 76-5-405;
3437 (d) involves the trafficking of 10 or more [
3438 (e) involves [
3439 [
3440
3441
3442 [
3443 [
3444 (3) [
3445 felony.
3446 [
3447 [
3448 a separate offense from any other crime committed in relationship to the commission of [
3449
3450 Section 75. Section 76-5-310.1 is enacted to read:
3451 76-5-310.1. Aggravated human smuggling -- Penalties.
3452 (1) Terms defined in Sections 76-1-101.5 and 76-5-307 apply to this section.
3453 (2) An actor commits aggravated human smuggling if, in the course of committing an
3454 offense under Section 76-5-308.3, the offense:
3455 (a) results in the death of a smuggled individual;
3456 (b) results in serious bodily injury to a smuggled individual;
3457 (c) involves the smuggling of a child and the child is not accompanied by a family
3458 member who is 18 years old or older;
3459 (d) involves:
3460 (i) rape under Section 76-5-402;
3461 (ii) rape of a child under Section 76-5-402.1;
3462 (iii) object rape under Section 76-5-402.2;
3463 (iv) object rape of a child under Section 76-5-402.3;
3464 (v) forcible sodomy under Section 76-5-403;
3465 (vi) sodomy on a child under Section 76-5-403.1;
3466 (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or
3467 (viii) aggravated sexual assault under Section 76-5-405; or
3468 (e) involves the smuggling of 10 or more individuals.
3469 (3) A violation of Subsection (2) is a first degree felony.
3470 (4) Aggravated human smuggling is a separate offense from any other crime committed
3471 in relationship to the offense.
3472 Section 76. Section 76-5-311 is amended to read:
3473 76-5-311. Human trafficking of a vulnerable adult -- Penalties.
3474 (1) (a) As used in this section:
3475 [
3476 with a vulnerable adult for which anything of value is given to or received by any individual.
3477 [
3478 76-5-111(1).
3479 (b) Terms defined in Section 76-1-101.5 apply to this section.
3480 (2) An actor commits human trafficking of a vulnerable adult if the actor:
3481 (a) recruits, harbors, transports, or obtains a vulnerable adult for sexual exploitation or
3482 forced labor; or
3483 (b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
3484 the actor knew or should have known of the victim's vulnerability.
3485 (3) A violation of Subsection (2) is a first degree felony.
3486 [
3487 obtained through force, fraud, or coercion as described in Section 76-5-308.
3488 (b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms
3489 of commercial sexual activity with a vulnerable adult involving:
3490 (i) sexually explicit performances;
3491 (ii) prostitution;
3492 (iii) participation in the production of pornography;
3493 (iv) performance in a strip club; or
3494 (v) exotic dancing or display.
3495 [
3496
3497 Section 77. Section 76-5-401 is amended to read:
3498 76-5-401. Unlawful sexual activity with a minor -- Penalties -- Evidence of age
3499 raised by defendant -- Limitations.
3500 (1) (a) [
3501 an individual who is 14 years [
3502 the time the sexual activity described in [
3503 (b) Terms defined in Section 76-1-101.5 apply to this section.
3504 (2) (a) [
3505 Subsection (4), an actor 18 years old or older commits unlawful sexual activity with a minor
3506 if[
3507
3508
3509 [
3510 [
3511
3512
3513 [
3514 minor by [
3515 body, with the intent to cause substantial emotional or bodily pain to any [
3516 with the intent to arouse or gratify the sexual desire of any [
3517
3518 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3519 violation of Subsection (2)(a)(ii).
3520 (3) (a) [
3521 third degree felony.
3522 (b) (i) [
3523 preponderance of the evidence the mitigating factor that the defendant is less than four years
3524 older than the minor at the time the sexual activity occurred, the offense is a class B
3525 misdemeanor.
3526 (ii) An offense under [
3527 Subsection 77-41-102(17)(a)(vii).
3528 (c) (i) [
3529 preponderance of the evidence the mitigating factor that the defendant was younger than 21
3530 years old at the time the sexual activity occurred, the offense is a class A misdemeanor.
3531 (ii) An offense under [
3532 Subsection 77-41-102(17)(a)(vii).
3533 (4) The offenses referred to in Subsection (2)(a) are:
3534 (a) rape, in violation of Section 76-5-402;
3535 (b) object rape, in violation of Section 76-5-402.2;
3536 (c) forcible sodomy, in violation of Section 76-5-403;
3537 (d) aggravated sexual assault, in violation of Section 76-5-405; or
3538 (e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
3539 Section 78. Section 76-5-401.1 is amended to read:
3540 76-5-401.1. Sexual abuse of a minor -- Penalties -- Limitations.
3541 [
3542 (1) (a) As used in this section:
3543 (i) "Indecent liberties" means:
3544 (A) the actor touching another individual's genitals, anus, buttocks, pubic area, or
3545 female breast;
3546 (B) causing any part of an individual's body to touch the actor's or another's genitals,
3547 pubic area, anus, buttocks, or female breast;
3548 (C) simulating or pretending to engage in sexual intercourse with another individual,
3549 including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
3550 (D) causing an individual to simulate or pretend to engage in sexual intercourse with
3551 the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal
3552 intercourse.
3553 (ii) "Minor" means an individual who is 14 years [
3554 than 16 years [
3555 (2) occurred.
3556 (b) Terms defined in Section 76-1-101.5 apply to this section.
3557 (2) (a) [
3558 Subsection (4), an actor commits sexual abuse of a minor if the [
3559 (i) is four years or more older than the minor; and[
3560
3561
3562
3563
3564 (ii) with the intent to cause substantial emotional or bodily pain to any individual, or
3565 with the intent to arouse or gratify the sexual desire of any individual:
3566 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor[
3567 (B) touches the breast of a female minor[
3568 (C) otherwise takes indecent liberties with the minor[
3569
3570
3571 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3572 relevant element of a violation of Subsection (2)(a).
3573 (3) A violation of [
3574 (a) a class A misdemeanor; and
3575 (b) [
3576 offense if the offender was younger than 21 years [
3577 (4) The offenses referred to in Subsection (2)(a) are:
3578 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
3579 (b) rape, in violation of Section 76-5-402;
3580 (c) object rape, in violation of Section 76-5-402.2;
3581 (d) forcible sodomy, in violation of Section 76-5-403;
3582 (e) aggravated sexual assault, in violation of Section 76-5-405; or
3583 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
3584 Section 79. Section 76-5-401.2 is amended to read:
3585 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties --
3586 Limitations.
3587 (1) (a) As used in this section[
3588 (i) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
3589 (ii) "Minor" means an individual who is 16 years [
3590 than 18 years [
3591 (b) Terms defined in Section 76-1-101.5 apply to this section.
3592 (2) (a) [
3593 Subsection (4), an actor commits unlawful sexual conduct with a minor if[
3594
3595 the actor:
3596 (i) (A) is seven or more years older but less than 10 years older than the minor at the
3597 time of the sexual conduct;
3598 (B) engages in any conduct listed in Subsection (2)(b)[
3599 (C) knew or reasonably should have known the age of the minor; or
3600 (ii) (A) is 10 or more years older than the minor at the time of the sexual conduct; and
3601 (B) engages in any conduct listed in Subsection (2)(b).
3602 (b) As used in Subsection (2)(a), "sexual conduct" refers to when the [
3603 actor:
3604 (i) has sexual intercourse with the minor;
3605 (ii) engages in any sexual act with the minor involving the genitals of one individual
3606 and the mouth or anus of another individual[
3607 (iii) (A) causes the penetration, however slight, of the genital or anal opening of the
3608 minor by any foreign object, substance, instrument, or device, including a part of the human
3609 body[
3610 (B) causes the penetration with the intent to cause substantial emotional or bodily pain
3611 to any individual or with the intent to arouse or gratify the sexual desire of any individual[
3612
3613 (iv) with the intent to cause substantial emotional or bodily pain to any individual or
3614 with the intent to arouse or gratify the sexual desire of any individual:
3615 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor[
3616 (B) touches the breast of a female minor[
3617 (C) otherwise takes indecent liberties with the minor[
3618
3619
3620 [
3621 [
3622 [
3623 [
3624 [
3625 [
3626 [
3627 (c) (i) Any touching, even if accomplished through clothing, is sufficient to constitute
3628 the relevant element of a violation of Subsection (2)(a).
3629 (ii) Any penetration, however slight, is sufficient to constitute the relevant element
3630 under Subsection (2)(b)(i).
3631 (iii) Any touching, however slight, is sufficient to constitute the relevant element under
3632 Subsection (2)(b)(ii).
3633 [
3634 [
3635 (4) The offenses referred to in Subsection (2)(a) are:
3636 (a) rape, in violation of Section 76-5-402;
3637 (b) object rape, in violation of Section 76-5-402.2;
3638 (c) forcible sodomy, in violation of Section 76-5-403;
3639 (d) forcible sexual abuse, in violation of Section 76-5-404;
3640 (e) aggravated sexual assault, in violation of Section 76-5-405; or
3641 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
3642 Section 80. Section 76-5-401.3 is amended to read:
3643 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
3644 (1) (a) As used in this section[
3645 the transitional phase of human physical and psychological growth and development between
3646 childhood and adulthood who is 12 years old or older, but [
3647 [
3648
3649 [
3650 [
3651 [
3652 [
3653 [
3654 [
3655 [
3656 [
3657 [
3658 [
3659 (b) Terms defined in Section 76-1-101.5 apply to this section.
3660 (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
3661 commits unlawful sexual activity if the actor:
3662 (a) is an adolescent; and
3663 (b) has sexual activity with another adolescent.
3664 (3) A violation of Subsection (2) is a:
3665 (a) third degree felony if an [
3666 adolescent sexual activity with an adolescent who is 12 or 13 years old;
3667 (b) third degree felony if an [
3668 adolescent sexual activity with an adolescent who is 12 years old;
3669 (c) class A misdemeanor if an [
3670 unlawful adolescent sexual activity with an adolescent who is 13 years old;
3671 (d) class A misdemeanor if an [
3672 unlawful adolescent sexual activity with an adolescent who is 12 years old;
3673 (e) class B misdemeanor if an [
3674 unlawful adolescent sexual activity with an adolescent who is 14 years old;
3675 (f) class B misdemeanor if an [
3676 unlawful adolescent sexual activity with an adolescent who is 13 years old;
3677 (g) class C misdemeanor if an [
3678 unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and
3679 (h) class C misdemeanor if an [
3680 unlawful adolescent sexual activity with an adolescent who is 13 years old.
3681 (4) The offenses referred to in Subsection (2) are:
3682 (a) rape, in violation of Section 76-5-402;
3683 (b) rape of a child, in violation of Section 76-5-402.1;
3684 (c) object rape, in violation of Section 76-5-402.2;
3685 (d) object rape of a child, in violation of Section 76-5-402.3;
3686 (e) forcible sodomy, in violation of Section 76-5-403;
3687 (f) sodomy on a child, in violation of Section 76-5-403.1;
3688 (g) sexual abuse of a child, in violation of Section 76-5-404;
3689 (h) aggravated sexual assault, in violation of Section 76-5-405;
3690 (i) incest, in violation of Section 76-7-102; or
3691 (j) an attempt to commit any offense listed in Subsections (4)(a) through (4)(i).
3692 [
3693 Section 80-6-304 or a referral to a youth court under Section 80-6-902.
3694 [
3695 in accordance with Section 80-6-504, the district court may enter any sentence or combination
3696 of sentences that would have been available in juvenile court but for the delayed reporting or
3697 delayed filing of the information in the district court.
3698 [
3699 77-41-102(17).
3700 Section 81. Section 76-5-402 is amended to read:
3701 76-5-402. Rape -- Penalties.
3702 (1) Terms defined in Section 76-1-101.5 apply to this section.
3703 [
3704 with another [
3705 (b) Any sexual penetration, however slight, is sufficient to constitute the relevant
3706 element of a violation of Subsection (2)(a).
3707 [
3708 individual.
3709 (3) [
3710 term of imprisonment of:
3711 (a) except as provided in Subsection (3)(b) or (c), not less than five years and which
3712 may be for life;
3713 (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life,
3714 if the trier of fact finds that:
3715 (i) during the course of the commission of the rape the defendant caused serious bodily
3716 injury to [
3717 (ii) at the time of the commission of the rape, the defendant was younger than 18 years
3718 [
3719 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3720 rape the defendant was previously convicted of a grievous sexual offense.
3721 (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser
3722 term than the term described in Subsection (3)(b) is in the interests of justice and states the
3723 reasons for this finding on the record, the court may impose a term of imprisonment of not less
3724 than:
3725 (a) 10 years and which may be for life; or
3726 (b) six years and which may be for life.
3727 (5) The provisions of Subsection (4) do not apply when a [
3728 sentenced under Subsection (3)(a) or (c).
3729 (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance
3730 with Section 76-3-406.
3731 Section 82. Section 76-5-402.1 is amended to read:
3732 76-5-402.1. Rape of a child -- Penalties.
3733 (1) Terms defined in Section 76-1-101.5 apply to this section.
3734 [
3735 has sexual intercourse with [
3736 14 years old.
3737 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3738 violation of Subsection (2)(a).
3739 [
3740 punishable by a term of imprisonment of:
3741 (a) except as provided in Subsections [
3742 and which may be for life; or
3743 (b) life without parole, if the trier of fact finds that:
3744 (i) during the course of the commission of the rape of a child, the defendant caused
3745 serious bodily injury to [
3746 (ii) at the time of the commission of the rape of a child the defendant was previously
3747 convicted of a grievous sexual offense.
3748 [
3749 years [
3750 [
3751 [
3752 (i) it is a first time offense for the defendant under this section;
3753 (ii) the defendant was younger than 21 years [
3754 (iii) the court finds that a lesser term than the term described in Subsection [
3755 is in the interests of justice under the facts and circumstances of the case, including the age of
3756 the victim, and states the reasons for this finding on the record.
3757 (b) If the conditions of Subsection [
3758 imprisonment of not less than:
3759 (i) 15 years and which may be for life;
3760 (ii) 10 years and which may be for life; or
3761 (iii) six years and which may be for life.
3762 [
3763 76-3-406.
3764 Section 83. Section 76-5-402.2 is amended to read:
3765 76-5-402.2. Object rape -- Penalties.
3766 [
3767
3768
3769
3770
3771 (1) Terms defined in Section 76-1-101.5 apply to this section.
3772 (2) An actor commits object rape if:
3773 (a) the actor:
3774 (i) acts without an individual's consent;
3775 (ii) causes the penetration, however slight, of the genital or anal opening of the
3776 individual by:
3777 (A) a foreign object;
3778 (B) a substance;
3779 (C) an instrument;
3780 (D) a device; or
3781 (E) a part of the human body other than the mouth or genitals; and
3782 (iii) (A) intends to cause substantial emotional or bodily pain to the individual; or
3783 (B) intends to arouse or gratify the sexual desire of any individual; and
3784 (b) the individual described in Subsection (2)(a)(i) is 14 years old or older.
3785 (3) A violation of Subsection (2) is a first degree felony, punishable by a term of
3786 imprisonment of:
3787 (a) except as provided in Subsection [
3788 which may be for life;
3789 (b) except as provided in Subsection [
3790 be for life, if the trier of fact finds that:
3791 (i) during the course of the commission of the object rape the defendant caused serious
3792 bodily injury to [
3793 (ii) at the time of the commission of the object rape, the defendant was younger than 18
3794 years [
3795 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3796 object rape, the defendant was previously convicted of a grievous sexual offense.
3797 [
3798 lesser term than the term described in Subsection [
3799 states the reasons for this finding on the record, the court may impose a term of imprisonment
3800 of not less than:
3801 (a) 10 years and which may be for life; or
3802 (b) six years and which may be for life.
3803 [
3804 defendant is sentenced under Subsection [
3805 [
3806 mandatory in accordance with Section 76-3-406.
3807 Section 84. Section 76-5-402.3 is amended to read:
3808 76-5-402.3. Object rape of a child -- Penalty.
3809 (1) Terms defined in Section 76-1-101.5 apply to this section.
3810 [
3811 (i) the actor causes the penetration or touching, however slight, of the genital or anal
3812 opening [
3813 in Subsection (2)(b):
3814 (A) a foreign object[
3815 (B) a substance[
3816 (C) an instrument[
3817 (D) a device[
3818 (ii) the actor:
3819 (A) intends to cause substantial emotional or bodily pain to the [
3820 [
3821 (B) intends to arouse or gratify the sexual desire of any [
3822 (iii) the individual described in Subsection (2)(a)(i) is younger than 14 years old.
3823 (b) Subsection (2)(a) does not include penetration or touching by a part of the human
3824 body.
3825 [
3826 punishable by a term of imprisonment of:
3827 [
3828 years and which may be for life; or
3829 [
3830 [
3831 caused serious bodily injury to [
3832 [
3833 previously convicted of a grievous sexual offense.
3834 [
3835 18 years [
3836 (4) (a) When imposing a sentence under [
3837 (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:
3838 (i) it is a first time offense for the defendant under this section;
3839 (ii) the defendant was younger than 21 years [
3840 (iii) the court finds that a lesser term than the term described in Subsection [
3841 (3)(a)(i) is in the interests of justice under the facts and circumstances of the case, including the
3842 age of the victim, and states the reasons for this finding on the record.
3843 (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of
3844 imprisonment of not less than:
3845 (i) 15 years and which may be for life;
3846 (ii) 10 years and which may be for life; or
3847 (iii) six years and which may be for life.
3848 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
3849 Section 85. Section 76-5-403 is amended to read:
3850 76-5-403. Forcible sodomy -- Penalties.
3851 (1) (a) As used in this section, "sodomy" means engaging in any sexual act with an
3852 individual who is 14 years [
3853 mouth or anus of another individual[
3854 (b) Terms defined in Section 76-1-101.5 apply to this section.
3855 (2) (a) An [
3856 upon another individual without the [
3857 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
3858 violation of Subsection (2)(a).
3859 (3) [
3860 by a term of imprisonment of:
3861 (a) except as provided in Subsection (3)(b) or (c), not less than five years and which
3862 may be for life;
3863 (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life,
3864 if the trier of fact finds that:
3865 (i) during the course of the commission of the forcible sodomy the defendant caused
3866 serious bodily injury to [
3867 (ii) at the time of the commission of the rape, the defendant was younger than 18 years
3868 [
3869 (c) life without parole, if the trier of fact finds that at the time of the commission of the
3870 forcible sodomy the defendant was previously convicted of a grievous sexual offense.
3871 (4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser
3872 term than the term described in Subsection (3)(b) is in the interests of justice and states the
3873 reasons for this finding on the record, the court may impose a term of imprisonment of not less
3874 than:
3875 (a) 10 years and which may be for life; or
3876 (b) six years and which may be for life.
3877 (5) The provisions of Subsection (4) do not apply when [
3878 sentenced under Subsection (3)(a) or (c).
3879 (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance
3880 with Section 76-3-406.
3881 Section 86. Section 76-5-403.1 is amended to read:
3882 76-5-403.1. Sodomy on a child -- Penalties.
3883 (1) Terms defined in Section 76-1-101.5 apply to this section.
3884 [
3885 (i) the actor engages in any sexual act upon or with [
3886
3887 (ii) the individual is younger than 14 years old; and
3888 (iii) the sexual act involves the genitals or anus of the actor or the [
3889 and the mouth or anus of either [
3890 individual.
3891 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3892 relevant element of a violation of Subsection (2)(a).
3893 [
3894 punishable by a term of imprisonment of:
3895 (a) except as provided in Subsections [
3896 and which may be for life; or
3897 (b) life without parole, if the trier of fact finds that:
3898 (i) during the course of the commission of the sodomy [
3899 caused serious bodily injury to [
3900 (ii) at the time of the commission of the sodomy [
3901 previously convicted of a grievous sexual offense.
3902 [
3903 years [
3904 [
3905 [
3906 (i) it is a first time offense for the defendant under this section;
3907 (ii) the defendant was younger than 21 years [
3908 (iii) the court finds that a lesser term than the term described in Subsection [
3909 is in the interests of justice under the facts and circumstances of the case, including the age of
3910 the victim, and states the reasons for this finding on the record.
3911 (b) If the conditions of Subsection [
3912 imprisonment of not less than:
3913 (i) 15 years and which may be for life;
3914 (ii) 10 years and which may be for life; or
3915 (iii) six years and which may be for life.
3916 [
3917 76-3-406.
3918 Section 87. Section 76-5-404 is amended to read:
3919 76-5-404. Forcible sexual abuse -- Penalties -- Limitations.
3920 (1) (a) As used in this section, "indecent liberties" means the same as that term is
3921 defined in Section 76-5-401.1.
3922 (b) Terms defined in Section 76-1-101.5 apply to this section.
3923 [
3924 Subsection (4), an actor commits forcible sexual abuse if [
3925
3926
3927 (i) without the consent of the individual, the actor:
3928 (A) touches the anus, buttocks, pubic area, or any part of the genitals of [
3929 another individual;
3930 (B) touches the breast of [
3931 (C) otherwise takes indecent liberties with [
3932 (ii) the actor intends to:
3933 (A) cause substantial emotional or bodily pain to any individual [
3934 or
3935 (B) arouse or gratify the sexual desire of any individual[
3936
3937 [
3938 [
3939 (iii) the individual described in Subsection (2)(a)(i)(A), (B), or (C) is 14 years old or
3940 older.
3941 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3942 relevant element of a violation of Subsection (2)(a).
3943 (3) (a) A violation of Subsection (2) is a felony of the second degree, punishable by a
3944 term of imprisonment of not less than one year nor more than 15 years[
3945
3946 (b) (i) Notwithstanding Subsection (3)(a) and except as provided in Subsection
3947 (3)(b)(ii), a violation of Subsection (2) is a felony of the first degree, punishable by a term of
3948 imprisonment for 15 years and which may be for life, if the trier of fact finds that during the
3949 course of the commission of the forcible sexual abuse the defendant caused serious bodily
3950 injury to [
3951 [
3952 that a lesser term than the term described in Subsection [
3953 justice and states the reasons for this finding on the record, the court may impose a term of
3954 imprisonment of not less than:
3955 [
3956 [
3957 (4) The offenses referred to in Subsection (2)(a) are:
3958 (a) rape, in violation of Section 76-5-402;
3959 (b) object rape, in violation of Section 76-5-402.2;
3960 (c) forcible sodomy, in violation of Section 76-5-403; or
3961 (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
3962 [
3963 accordance with Section 76-3-406.
3964 Section 88. Section 76-5-404.1 is amended to read:
3965 76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
3966 (1) (a) As used in this section:
3967 [
3968 [
3969 (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
3970 [
3971 [
3972 [
3973 [
3974 [
3975 [
3976 [
3977 [
3978 [
3979 [
3980 [
3981 [
3982 [
3983 [
3984 [
3985 [
3986 [
3987 [
3988 [
3989 [
3990 private elementary school or secondary school, and who is 18 years [
3991 [
3992 of higher education;
3993 [
3994 [
3995 [
3996 listed in Subsections [
3997 individual to exercise undue influence over the child.
3998 (b) Terms defined in Section 76-1-101.5 apply to this section.
3999 [
4000 Subsection (4), an actor commits sexual abuse of a child if[
4001
4002
4003 (i) (A) touches the anus, buttocks, pubic area, or genitalia of any child[
4004 (B) touches the breast of a female child[
4005 (C) otherwise takes indecent liberties with a child[
4006 (ii) the actor's conduct is with intent to:
4007 (A) cause substantial emotional or bodily pain to any individual; or [
4008 (B) to arouse or gratify the sexual desire of any individual [
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
4060 [
4061
4062 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
4063 relevant element of a violation of Subsection (2)(a).
4064 (3) A violation of Subsection (2) is a second degree felony.
4065 (4) The offenses referred to in Subsection (2)(a) are:
4066 (a) rape of a child, in violation of Section 76-5-402.1;
4067 (b) object rape of a child, in violation of Section 76-5-402.3;
4068 (c) sodomy on a child, in violation of Section 76-5-403.1; or
4069 (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
4070 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
4071 Section 89. Section 76-5-404.3 is enacted to read:
4072 76-5-404.3. Aggravated sexual abuse of a child -- Penalties.
4073 (1) (a) As used in this section:
4074 (i) "Adult" means the same as that term is defined in Section 76-4-404.1.
4075 (ii) "Child" means the same as that term is defined in Section 76-4-404.1.
4076 (iii) "Position of special trust" means the same as that term is defined in Section
4077 76-4-404.1.
4078 (b) Terms defined in Section 76-1-101.5 apply to this section.
4079 (2) (a) An actor commits aggravated sexual abuse of a child if, in conjunction with the
4080 offense described in Subsection 76-4-404.1(2)(a), any of the following circumstances have
4081 been charged and admitted or found true in the action for the offense:
4082 (i) the actor committed the offense:
4083 (A) by the use of a dangerous weapon;
4084 (B) by force, duress, violence, intimidation, coercion, menace, or threat of harm; or
4085 (C) during the course of a kidnaping;
4086 (ii) the actor caused bodily injury or severe psychological injury to the child during or
4087 as a result of the offense;
4088 (iii) the actor was a stranger to the child or made friends with the child for the purpose
4089 of committing the offense;
4090 (iv) the actor used, showed, or displayed pornography or caused the child to be
4091 photographed in a lewd condition during the course of the offense;
4092 (v) the actor, prior to sentencing for this offense, was previously convicted of any
4093 sexual offense;
4094 (vi) the actor committed the same or similar sexual act upon two or more individuals at
4095 the same time or during the same course of conduct;
4096 (vii) the actor committed, in Utah or elsewhere, more than five separate acts, which if
4097 committed in Utah would constitute an offense described in this chapter, and were committed
4098 at the same time, or during the same course of conduct, or before or after the instant offense;
4099 (viii) the actor occupied a position of special trust in relation to the child;
4100 (ix) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
4101 sexual acts by the child with any other individual, sexual performance by the child before any
4102 other individual, human trafficking, or human smuggling; or
4103 (x) the actor caused the penetration, however slight, of the genital or anal opening of
4104 the child by any part or parts of the human body other than the genitals or mouth.
4105 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
4106 relevant element of a violation of Subsection (2)(a).
4107 (3) Except as provided in Subsection (6), a violation of Subsection (2) is a first degree
4108 felony punishable by a term of imprisonment of:
4109 (a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and
4110 which may be for life;
4111 (b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact
4112 finds that during the course of the commission of the aggravated sexual abuse of a child the
4113 defendant caused serious bodily injury to another; or
4114 (c) life without parole, if the trier of fact finds that at the time of the commission of the
4115 aggravated sexual abuse of a child, the defendant was previously convicted of a grievous
4116 sexual offense.
4117 (4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a
4118 lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and
4119 states the reasons for this finding on the record, the court may impose a term of imprisonment
4120 of not less than:
4121 (a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
4122 (b) for purposes of Subsection (3)(a) or (b):
4123 (i) 10 years and which may be for life; or
4124 (ii) six years and which may be for life.
4125 (5) The provisions of Subsection (4) do not apply if a defendant is sentenced under
4126 Subsection (3)(c).
4127 (6) Subsection (3)(b) or (3)(c) does not apply if the defendant was younger than 18
4128 years old at the time of the offense.
4129 (7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
4130 Section 90. Section 76-5-405 is amended to read:
4131 76-5-405. Aggravated sexual assault -- Penalty.
4132 (1) Terms defined in Section 76-1-101.5 apply to this section.
4133 [
4134 (a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the
4135 actor:
4136 (i) uses, or threatens [
4137 weapon [
4138 (ii) compels, or attempts to compel, [
4139 object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious
4140 bodily injury to be inflicted imminently on any [
4141 (iii) is aided or abetted by one or more persons;
4142 (b) in the course of an attempted rape, attempted object rape, or attempted forcible
4143 sodomy, the actor:
4144 (i) causes serious bodily injury to any [
4145 (ii) uses, or threatens [
4146 [
4147 (iii) attempts to compel [
4148 forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted
4149 imminently on any [
4150 (iv) is aided or abetted by one or more persons; or
4151 (c) in the course of an attempted forcible sexual abuse, the actor:
4152 (i) causes serious bodily injury to any [
4153 (ii) uses, or threatens the [
4154
4155 (iii) attempts to compel the [
4156 threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any [
4157 individual; or
4158 (iv) is aided or abetted by one or more persons.
4159 [
4160 felony, punishable by a term of imprisonment of:
4161 (a) for an aggravated sexual assault described in Subsection [
4162 (i) except as provided in Subsection [
4163 and which may be for life; or
4164 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4165 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
4166 (b) for an aggravated sexual assault described in Subsection [
4167 (i) except as provided in Subsection [
4168 years and which may be for life; or
4169 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4170 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
4171 or
4172 (c) for an aggravated sexual assault described in Subsection [
4173 (i) except as provided in Subsection [
4174 years and which may be for life; or
4175 (ii) life without parole, if the trier of fact finds that at the time of the commission of the
4176 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.
4177 [
4178 that a lesser term than the term described in Subsection [
4179 justice and states the reasons for this finding on the record, the court may impose a term of
4180 imprisonment of not less than:
4181 (i) 10 years and which may be for life; or
4182 (ii) six years and which may be for life.
4183 (b) The provisions of Subsection [
4184 sentenced under Subsection [
4185 [
4186 that a lesser term than the term described in Subsection [
4187 justice and states the reasons for this finding on the record, the court may impose a term of
4188 imprisonment of not less than six years and which may be for life.
4189 (b) The provisions of Subsection [
4190 sentenced under Subsection [
4191 [
4192 that a lesser term than the term described in Subsection [
4193 justice and states the reasons for this finding on the record, the court may impose a term of
4194 imprisonment of not less than three years and which may be for life.
4195 (b) The provisions of Subsection [
4196 sentenced under Subsection [
4197 [
4198 the defendant was younger than 18 years [
4199 [
4200 76-3-406.
4201 Section 91. Section 76-5-406.3 is amended to read:
4202 76-5-406.3. Applicability of sentencing provisions.
4203 A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section
4204 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3,
4205 object rape of a child; Section 76-5-403.1, sodomy on a child; Section [
4206 aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault shall be
4207 sentenced as follows:
4208 (1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in
4209 accordance with the statutory provisions in effect prior to that date.
4210 (2) If the person commits the crime and is sentenced on or after April 29, 1996, he
4211 shall be punished in accordance with the statutory provisions in effect after April 29, 1996.
4212 (3) If the person commits the crime prior to April 29, 1996, but is sentenced on or after
4213 April 29, 1996, he shall be given the option prior to sentencing to proceed either under the law
4214 which was in effect at the time the offense was committed or the law which was in effect at the
4215 time of sentencing. If the person refuses to select, the court shall sentence the person in
4216 accordance with the law in effect at the time of sentencing. The provisions of Subsections
4217 77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to be
4218 sentenced in accordance with the law in effect prior to April 29, 1996.
4219 Section 92. Section 76-5-406.5 is amended to read:
4220 76-5-406.5. Circumstances required for probation or suspension of sentence for
4221 certain sex offenses against a child.
4222 (1) In a case involving a conviction for a violation of Section 76-5-402.1, rape of a
4223 child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; or any
4224 attempt to commit a felony under those sections or a conviction for a violation of [
4225
4226 suspend execution of sentence and consider probation to a residential sexual abuse treatment
4227 center only if all of the following circumstances are found by the court to be present and the
4228 court in its discretion, considering the circumstances of the offense, including the nature,
4229 frequency, and duration of the conduct, and considering the best interests of the public and the
4230 child victim, finds probation to a residential sexual abuse treatment center to be proper:
4231 (a) the defendant did not use a weapon, force, violence, substantial duress or menace,
4232 or threat of harm, in committing the offense or before or after committing the offense, in an
4233 attempt to frighten the child victim or keep the child victim from reporting the offense;
4234 (b) the defendant did not cause bodily injury to the child victim during or as a result of
4235 the offense and did not cause the child victim severe psychological harm;
4236 (c) the defendant, prior to the offense, had not been convicted of any public offense in
4237 Utah or elsewhere involving sexual misconduct in the commission of the offense;
4238 (d) the defendant did not commit an offense described in this Part 4, Sexual Offenses,
4239 against more than one child victim or victim, at the same time, or during the same course of
4240 conduct, or previous to or subsequent to the instant offense;
4241 (e) the defendant did not use, show, or display pornography or create sexually-related
4242 photographs or tape recordings in the course of the offense;
4243 (f) the defendant did not act in concert with another offender during the offense or
4244 knowingly commit the offense in the presence of a person other than the victim or with lewd
4245 intent to reveal the offense to another;
4246 (g) the defendant did not encourage, aid, allow, or benefit from any act of prostitution
4247 or sexual act by the child victim with any other person or sexual performance by the child
4248 victim before any other person;
4249 (h) the defendant admits the offense of which he has been convicted and has been
4250 accepted for mental health treatment in a residential sexual abuse treatment center that has been
4251 approved by the Department of Corrections under Subsection (3);
4252 (i) rehabilitation of the defendant through treatment is probable, based upon evidence
4253 provided by a treatment professional who has been approved by the Department of Corrections
4254 under Subsection (3) and who has accepted the defendant for treatment;
4255 (j) prior to being sentenced, the defendant has undergone a complete psychological
4256 evaluation conducted by a professional approved by the Department of Corrections and:
4257 (i) the professional's opinion is that the defendant is not an exclusive pedophile and
4258 does not present an immediate and present danger to the community if released on probation
4259 and placed in a residential sexual abuse treatment center; and
4260 (ii) the court accepts the opinion of the professional;
4261 (k) if the offense is committed by a parent, stepparent, adoptive parent, or legal
4262 guardian of the child victim, the defendant shall, in addition to establishing all other conditions
4263 of this section, establish it is in the child victim's best interest that the defendant not be
4264 imprisoned, by presenting evidence provided by a treatment professional who:
4265 (i) is treating the child victim and understands he will be treating the family as a whole;
4266 or
4267 (ii) has assessed the child victim for purposes of treatment as ordered by the court
4268 based on a showing of good cause; and
4269 (l) if probation is imposed, the defendant, as a condition of probation, may not reside in
4270 a home where children younger than 18 years [
4271 with the commencement of treatment, and may not again take up residency in a home where
4272 children younger than 18 years [
4273 to do so by order of the court.
4274 (2) A term of incarceration of at least 90 days is to be served prior to treatment and
4275 continue until the time when bed space is available at a residential sexual abuse treatment
4276 center as provided under Subsection (3) and probation is to be imposed for up to a maximum of
4277 10 years.
4278 (3) (a) The Department of Corrections shall develop qualification criteria for the
4279 approval of the sexual abuse treatment programs and professionals under this section. The
4280 criteria shall include the screening criteria employed by the department for sexual offenders.
4281 (b) The sexual abuse treatment program shall be at least one year in duration, shall be
4282 residential, and shall specifically address the sexual conduct for which the defendant was
4283 convicted.
4284 (4) Establishment by the defendant of all the criteria of this section does not mandate
4285 the granting under this section of probation or modification of the sentence that would
4286 otherwise be imposed by Section 76-3-406 regarding sexual offenses against children. The
4287 court has discretion to deny the request based upon its consideration of the circumstances of the
4288 offense, including:
4289 (a) the nature, frequency, and duration of the conduct;
4290 (b) the effects of the conduct on any child victim involved;
4291 (c) the best interest of the public and any child victim; and
4292 (d) the characteristics of the defendant, including any risk the defendant presents to the
4293 public and specifically to children.
4294 (5) The defendant has the burden to establish by a preponderance of evidence
4295 eligibility under all of the criteria of this section.
4296 (6) If the court finds a defendant granted probation under this section fails to cooperate
4297 or succeed in treatment or violates probation to any substantial degree, the sentence previously
4298 imposed for the offense shall be immediately executed.
4299 (7) The court shall enter written findings of fact regarding the conditions established by
4300 the defendant that justify the granting of probation under this section.
4301 (8) In cases involving conviction of any sexual offense against a child other than those
4302 offenses provided in Subsection (1), the court shall consider the circumstances described in
4303 Subsection (1) as advisory in determining whether or not execution of sentence should be
4304 suspended and probation granted. The defendant is not required to satisfy all of those
4305 circumstances for eligibility pursuant to this Subsection (8).
4306 Section 93. Section 76-5-407 is amended to read:
4307 76-5-407. Consensual conduct in marriage.
4308 [
4309 individuals married to each other.
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 [
4337 [
4338
4339 Section 94. Section 76-5-412 is amended to read:
4340 76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations.
4341 (1) (a) As used in this section:
4342 [
4343 (A) a law enforcement officer, as defined in Section 53-13-103;
4344 [
4345 [
4346 [
4347 [
4348 Corrections or a county jail.
4349 (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4350 [
4351 or older, or a minor younger than 18 years [
4352 [
4353 the custody of the Department of Corrections created under Section 64-13-2, but who is being
4354 housed at the Utah State Hospital established under Section 62A-15-601 or other medical
4355 facility;
4356 [
4357 parolee or probationer; or
4358 [
4359 [
4360 contracts with the Department of Corrections or with a county jail to provide services or
4361 functions that are part of the operation of the Department of Corrections or a county jail under
4362 state or local law.
4363 (b) Terms defined in Section 76-1-101.5 apply to this section.
4364 (2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
4365 under Subsection [
4366 (i) under circumstances not amounting to commission of, or an attempt to commit, an
4367 offense under Subsection [
4368 (ii) (A) the actor knows that the individual is a person in custody; or
4369 (B) a reasonable person in the actor's position should have known under the
4370 circumstances that the individual was a person in custody.
4371 (b) Acts referred to in Subsection (2)(a) are:
4372 (i) having sexual intercourse with a person in custody;
4373 (ii) engaging in a sexual act with a person in custody involving the genitals of one
4374 individual and the mouth or anus of another individual; or
4375 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
4376 person in custody by any foreign object, substance, instrument, or device, including a part of
4377 the human body; and
4378 (B) intending to cause substantial emotional or bodily pain to any individual.
4379 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4380 relevant element of a violation of Subsection (2)(a).
4381 [
4382 (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
4383 years [
4384 (c) If the act committed under [
4385 to a greater penalty under another provision of state law than is provided under this Subsection
4386 [
4387 serious offense.
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 [
4416 [
4417 [
4418 Subsection 76-5-412.2(2)(a)(i) are:
4419 (a) Section 76-5-401, unlawful sexual activity with a minor;
4420 (b) Section 76-5-402, rape;
4421 (c) Section 76-5-402.1, rape of a child;
4422 (d) Section 76-5-402.2, object rape;
4423 (e) Section 76-5-402.3, object rape of a child;
4424 (f) Section 76-5-403, forcible sodomy;
4425 (g) Section 76-5-403.1, sodomy on a child;
4426 (h) Section 76-5-404, forcible sexual abuse;
4427 (i) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
4428 sexual abuse of a child; or
4429 (j) Section 76-5-405, aggravated sexual assault.
4430 [
4431 offense of custodial sexual relations under Subsection (2) [
4432
4433 is younger than 18 years [
4434 (i) mistakenly believed the person in custody to be 18 years [
4435 time of the alleged offense; or
4436 (ii) was unaware of the true age of the person in custody.
4437 (b) Consent of the person in custody is not a defense to any violation or attempted
4438 violation of Subsection (2) [
4439 [
4440 [
4441 Section 95. Section 76-5-412.2 is enacted to read:
4442 76-5-412.2. Custodial sexual misconduct -- Penalties -- Defenses.
4443 (1) (a) As used in this section:
4444 (i) "Actor" means the same as that term is defined in Section 76-5-412.
4445 (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4446 (iii) "Person in custody" means the same as that term is defined in Section 76-5-412.
4447 (iv) "Private provider or contractor" means the same as that term is defined in Section
4448 76-5-412.
4449 (b) Terms defined in Section 76-1-101.5 apply to this section.
4450 (2) (a) An actor commits custodial sexual misconduct if:
4451 (i) the actor commits any of the acts under Subsection (2)(b) under circumstances not
4452 amounting to commission of, or an attempt to commit, an offense under Subsection
4453 76-5-412(4); and
4454 (ii) (A) the actor knows that the individual is a person in custody; or
4455 (B) a reasonable person in the actor's position should have known under the
4456 circumstances that the individual was a person in custody.
4457 (b) Acts referred to in Subsection (2)(a) are the following acts when committed with
4458 the intent to cause substantial emotional or bodily pain to another individual or with the intent
4459 to arouse or gratify the sexual desire of any individual:
4460 (i) touching the anus, buttocks, pubic area, or any part of the genitals of a person in
4461 custody;
4462 (ii) touching the breast of a female person in custody; or
4463 (iii) otherwise taking indecent liberties with a person in custody.
4464 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4465 (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
4466 years old, a violation of Subsection (2) is a third degree felony.
4467 (c) If the act committed under Subsection (2) amounts to an offense subject to a greater
4468 penalty under another provision of state law than is provided under this Subsection (3), this
4469 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
4470 (4) (a) It is not a defense to the commission of, or attempt to commit, the offense
4471 described in Subsection (2) if the person in custody is younger than 18 years old, that the actor:
4472 (i) mistakenly believed the person in custody to be 18 years old or older at the time of
4473 the alleged offense; or
4474 (ii) was unaware of the true age of the person in custody.
4475 (b) Consent of the person in custody is not a defense to any violation or attempted
4476 violation of Subsection (2).
4477 (5) It is a defense that the commission by the actor of an act under Subsection (2) is the
4478 result of compulsion, as the defense is described in Subsection 76-2-302(1).
4479 Section 96. Section 76-5-413 is amended to read:
4480 76-5-413. Custodial sexual relations with youth receiving state services --
4481 Penalties -- Defenses and limitations.
4482 (1) (a) As used in this section:
4483 [
4484 [
4485 Section 62A-1-102, or an employee of a private provider or contractor; or
4486 [
4487 private provider or contractor.
4488 [
4489 62A-1-102.
4490 [
4491 78A-6-102.
4492 [
4493 contracts with the:
4494 [
4495 department; or
4496 [
4497 the juvenile court.
4498 [
4499 [
4500 (1)(a)(v)(B), who is:
4501 [
4502 [
4503 costs of these services is covered by public money; or
4504 [
4505 [
4506 Division of Child and Family Services; or
4507 [
4508 (b) Terms defined in Section 76-1-101.5 apply to this section.
4509 (2) (a) [
4510 an actor commits custodial sexual relations with a youth receiving state services if:
4511 (i) the actor commits any of the acts [
4512 (2)(b); and
4513 [
4514
4515 (ii) (A) the actor knows that the individual is a youth receiving state services; or
4516 (B) a reasonable person in the actor's position should have known under the
4517 circumstances that the individual was a youth receiving state services.
4518 (b) Acts referred to in Subsection (2)(a)(i) are:
4519 (i) having sexual intercourse with a youth receiving state services;
4520 (ii) engaging in any sexual act with a youth receiving state services involving the
4521 genitals of one individual and the mouth or anus of another individual; or
4522 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
4523 youth receiving state services by any foreign object, substance, instrument, or device, including
4524 a part of the human body; and
4525 (B) with the intent to cause substantial emotional or bodily pain to any individual or
4526 with the intent to arouse or gratify the sexual desire of any individual.
4527 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4528 relevant element of a violation of Subsection (2)(a).
4529 [
4530 (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
4531 than 18 years old, a violation of Subsection (2)[
4532 (c) If the act committed under [
4533 greater penalty under another provision of state law than is provided under this Subsection [
4534 (3), this Subsection [
4535 offense.
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 [
4576
4577 [
4578 (4) The offenses referred to in Subsection (2) are:
4579 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
4580 (b) rape, in violation of Section 76-5-402;
4581 (c) rape of a child, in violation of Section 76-5-402.1;
4582 (d) object rape, in violation of Section 76-5-402.2;
4583 (e) object rape of a child, in violation of Section 76-5-402.3;
4584 (f) forcible sodomy, in violation of Section 76-5-403;
4585 (g) sodomy on a child, in violation of Section 76-5-403.1;
4586 (h) forcible sexual abuse, in violation of Section 76-5-404;
4587 (i) sexual abuse of a child, in violation of Section 76-5-404.1;
4588 (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
4589 (k) aggravated sexual assault, in violation of Section 76-5-405; or
4590 (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
4591 [
4592 offense [
4593 Subsection (2) [
4594
4595 services is younger than 18 years old, that the actor:
4596 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
4597 the time of the alleged offense; or
4598 (ii) was unaware of the true age of the youth receiving state services.
4599 (b) Consent of the youth receiving state services is not a defense to any violation or
4600 attempted violation of Subsection (2) [
4601 [
4602 [
4603 Section 97. Section 76-5-413.2 is enacted to read:
4604 76-5-413.2. Custodial sexual misconduct with a youth receiving state services --
4605 Penalties -- Defenses and limitations.
4606 (1) (a) As used in this section:
4607 (i) "Actor" means the same as that term is defined in Section 76-5-413.
4608 (ii) "Department" means the same as that term is defined in Section 76-5-413.
4609 (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
4610 (iv) "Juvenile court" means the same as that term is defined in Section 76-5-413.
4611 (v) "Private provider or contractor" means the same as that term is defined in Section
4612 76-5-413.
4613 (vi) "Youth receiving state services" means the same as that term is defined in Section
4614 76-5-413.
4615 (b) Terms defined in Section 76-1-101.5 apply to this section.
4616 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
4617 actor commits custodial sexual misconduct with a youth receiving state services if:
4618 (i) the actor commits any of the acts described in Subsection (2)(b); and
4619 (ii) (A) the actor knows that the individual is a youth receiving state services; or
4620 (B) a reasonable person in the actor's position should have known under the
4621 circumstances that the individual was a youth receiving state services.
4622 (b) Acts referred to in Subsection (2)(a) are the following acts when committed with
4623 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
4624 arouse or gratify the sexual desire of any individual:
4625 (i) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
4626 receiving state services;
4627 (ii) touching the breast of a female youth receiving state services; or
4628 (iii) otherwise taking indecent liberties with a youth receiving state services.
4629 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
4630 relevant element of a violation of Subsection (2)(a).
4631 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4632 (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
4633 than 18 years old, a violation of Subsection (2) is a third degree felony.
4634 (c) If the act committed under Subsection (2) amounts to an offense subject to a greater
4635 penalty under another provision of state law than is provided under this Subsection (3), this
4636 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
4637 (4) The offenses referred to in Subsection (2) are:
4638 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
4639 (b) rape, in violation of Section 76-5-402;
4640 (c) rape of a child, in violation of Section 76-5-402.1;
4641 (d) object rape, in violation of Section 76-5-402.2;
4642 (e) object rape of a child, in violation of Section 76-5-402.3;
4643 (f) forcible sodomy, in violation of Section 76-5-403;
4644 (g) sodomy on a child, in violation of Section 76-5-403.1;
4645 (h) forcible sexual abuse, in violation of Section 76-5-404;
4646 (i) sexual abuse of a child, in violation of Section 76-5-404.1;
4647 (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
4648 (k) aggravated sexual assault, in violation of Section 76-5-405; or
4649 (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
4650 (5) (a) It is not a defense to the commission of, or an attempt to commit, the offense
4651 described in Subsection (2) if the youth receiving state services is younger than 18 years old,
4652 that the actor:
4653 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
4654 the time of the alleged offense; or
4655 (ii) was unaware of the true age of the youth receiving state services.
4656 (b) Consent of the youth receiving state services is not a defense to any violation or
4657 attempted violation of Subsection (2).
4658 (6) It is a defense that the commission by the actor of an act under Subsection (2) is the
4659 result of compulsion, as the defense is described in Subsection 76-2-302(1).
4660 Section 98. Section 76-5-701 is amended to read:
4661 76-5-701. Female genital mutilation definition.
4662 (1) As used in this part, [
4663 any procedure that involves partial or total removal of the external female genitalia, or any
4664 harmful procedure to the female genitalia, including:
4665 (a) clitoridectomy;
4666 (b) the partial or total removal of the clitoris or the prepuce;
4667 (c) excision or the partial or total removal of the clitoris and the labia minora, with or
4668 without excision of the labia majora;
4669 (d) infibulation or the narrowing of the vaginal orifice with the creation of a covering
4670 seal by cutting and appositioning the labia minora or the labia majora, with or without excision
4671 of the clitoris;
4672 (e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
4673 (f) any other actions intended to alter the structure or function of the female genitalia
4674 for non-medical reasons.
4675 (2) Female genital mutilation is considered a form of child abuse for mandatory
4676 reporting under Section 62A-4a-403.
4677 Section 99. Section 76-5-702 is amended to read:
4678 76-5-702. Prohibition on female genital mutilation -- Exceptions.
4679 [
4680 (1) Terms defined in Sections 76-1-101.5 and 76-5-701 apply to this section.
4681 (2) An actor commits female genital mutilation if the actor:
4682 (a) [
4683 years [
4684 (b) [
4685 76-5-701 to be performed on a female under 18 years [
4686 (c) [
4687 removal of a female under 18 years [
4688 the performance of a procedure described in Section 76-5-701 on the female.
4689 (3) A violation of Subsection (2) is a second degree felony.
4690 [
4691 described in Section 76-5-701 is required as a matter of religion, custom, ritual, or standard
4692 practice, or that the individual on whom it is performed or the individual's parent or guardian
4693 consented to the procedure.
4694 [
4695 procedure is performed by a physician licensed as a medical professional in the place it is
4696 performed and the procedure is:
4697 (a) medically advisable;
4698 (b) necessary to preserve or protect the physical health of the [
4699 whom it is performed; or
4700 (c) requested for sex reassignment surgery by the [
4701 performed.
4702 [
4703 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58,
4704 Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician
4705 Assistant Act, who is convicted of a violation of this section shall[
4706 permanently revoked by the appropriate licensing board.
4707 Section 100. Section 76-5-704 is amended to read:
4708 76-5-704. Civil cause of action.
4709 (1) [
4710 may bring a civil action in any court of competent jurisdiction for female genital mutilation any
4711 time within 10 years of:
4712 (a) the procedure being performed; or
4713 (b) the victim's 18th birthday.
4714 (2) The court may award actual, compensatory, and punitive damages, and any other
4715 appropriate relief.
4716 (3) A prevailing plaintiff shall be awarded attorney fees and costs.
4717 (4) Treble damages may be awarded if the plaintiff proves the defendant's acts were
4718 willful and malicious.
4719 (5) If a health care provider is charged and prosecuted for a violation of Section
4720 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under
4721 this section.
4722 Section 101. Section 76-5b-103 is amended to read:
4723 76-5b-103. Definitions.
4724 As used in this chapter:
4725 (1) "Child pornography" means any visual depiction, including any live performance,
4726 photograph, film, video, picture, or computer or computer-generated image or picture, whether
4727 made or produced by electronic, mechanical, or other means, of sexually explicit conduct,
4728 where:
4729 (a) the production of the visual depiction involves the use of a minor engaging in
4730 sexually explicit conduct;
4731 (b) the visual depiction is of a minor engaging in sexually explicit conduct; or
4732 (c) the visual depiction has been created, adapted, or modified to appear that an
4733 identifiable minor is engaging in sexually explicit conduct.
4734 (2) "Distribute" means the selling, exhibiting, displaying, wholesaling, retailing,
4735 providing, giving, granting admission to, or otherwise transferring or presenting child
4736 pornography or vulnerable adult pornography with or without consideration.
4737 (3) "Identifiable minor" means a person:
4738 (a) (i) who was a minor at the time the visual depiction was created, adapted, or
4739 modified; or
4740 (ii) whose image as a minor was used in creating, adapting, or modifying the visual
4741 depiction; and
4742 (b) who is recognizable as an actual person by the person's face, likeness, or other
4743 distinguishing characteristic, such as a birthmark, or other recognizable feature.
4744 (4) "Identifiable vulnerable adult" means a person:
4745 (a) (i) who was a vulnerable adult at the time the visual depiction was created, adapted,
4746 or modified; or
4747 (ii) whose image as a vulnerable adult was used in creating, adapting, or modifying the
4748 visual depiction; and
4749 (b) who is recognizable as an actual person by the person's face, likeness, or other
4750 distinguishing characteristic, such as a birthmark, or other recognizable feature.
4751 (5) "Lacks capacity to consent" is as defined in [
4752 76-5-111.4.
4753 (6) "Live performance" means any act, play, dance, pantomime, song, or other activity
4754 performed by live actors in person.
4755 (7) "Minor" means a person younger than 18 years [
4756 (8) "Nudity or partial nudity" means any state of dress or undress in which the human
4757 genitals, pubic region, buttocks, or the female breast, at a point below the top of the areola, is
4758 less than completely and opaquely covered.
4759 (9) "Produce" means:
4760 (a) the photographing, filming, taping, directing, producing, creating, designing, or
4761 composing of child pornography or vulnerable adult pornography; or
4762 (b) the securing or hiring of persons to engage in the photographing, filming, taping,
4763 directing, producing, creating, designing, or composing of child pornography or vulnerable
4764 adult pornography.
4765 (10) "Sexually explicit conduct" means actual or simulated:
4766 (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
4767 whether between persons of the same or opposite sex;
4768 (b) masturbation;
4769 (c) bestiality;
4770 (d) sadistic or masochistic activities;
4771 (e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any
4772 person;
4773 (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual
4774 arousal of any person;
4775 (g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
4776 (h) the explicit representation of the defecation or urination functions.
4777 (11) "Simulated sexually explicit conduct" means a feigned or pretended act of
4778 sexually explicit conduct which duplicates, within the perception of an average person, the
4779 appearance of an actual act of sexually explicit conduct.
4780 (12) "Vulnerable adult" is as defined in Subsection 76-5-111(1).
4781 (13) "Vulnerable adult pornography" means any visual depiction, including any live
4782 performance, photograph, film, video, picture, or computer or computer-generated image or
4783 picture, whether made or produced by electronic, mechanical, or other means, of sexually
4784 explicit conduct, where:
4785 (a) the production of the visual depiction involves the use of a vulnerable adult
4786 engaging in sexually explicit conduct;
4787 (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct;
4788 or
4789 (c) the visual depiction has been created, adapted, or modified to appear that an
4790 identifiable vulnerable adult is engaging in sexually explicit conduct.
4791 Section 102. Section 76-5b-201 is amended to read:
4792 76-5b-201. Sexual exploitation of a minor -- Offenses.
4793 (1) Terms defined in Section 76-1-101.5 apply to this section.
4794 [
4795 (a) when the [
4796 (i) knowingly produces, possesses, or possesses with intent to distribute child
4797 pornography; or
4798 (ii) intentionally distributes or views child pornography; or
4799 (b) if the [
4800 or permits the minor to be sexually exploited as described in Subsection [
4801 [
4802 (3) (a) (i) A violation of Subsection (2) is a second degree felony.
4803 [
4804 violation of Subsection (2) for knowingly producing child pornography is a first degree felony
4805 if the [
4806 involves:
4807 [
4808 a violation of:
4809 [
4810 [
4811 [
4812 [
4813 [
4814 [
4815 [
4816 [
4817 (4) (a) It is an affirmative defense to a charge of violating this section that no minor
4818 was actually depicted in the visual depiction or used in producing or advertising the visual
4819 depiction.
4820 (b) For a charge of violating this section for knowingly possessing or intentionally
4821 viewing child pornography, it is an affirmative defense that:
4822 (i) the defendant:
4823 (A) did not solicit the child pornography from the minor depicted in the child
4824 pornography;
4825 (B) is not more than two years older than the minor depicted in the child pornography;
4826 and
4827 (C) upon request of a law enforcement agent or the minor depicted in the child
4828 pornography, removes from an electronic device or destroys the child pornography and all
4829 copies of the child pornography in the defendant's possession; and
4830 (ii) the child pornography does not depict an offense under [
4831 4, Sexual Offenses.
4832 (5) In proving a violation of this section in relation to an identifiable minor, proof of
4833 the actual identity of the identifiable minor is not required.
4834 (6) This section may not be construed to impose criminal or civil liability on:
4835 (a) an entity or an employee, director, officer, or agent of an entity when acting within
4836 the scope of employment, for the good faith performance of:
4837 (i) reporting or data preservation duties required under federal or state law; or
4838 (ii) implementing a policy of attempting to prevent the presence of child pornography
4839 on tangible or intangible property, or of detecting and reporting the presence of child
4840 pornography on the property;
4841 (b) a law enforcement officer acting within the scope of a criminal investigation;
4842 (c) an employee of a court who may be required to view child pornography during the
4843 course of and within the scope of the employee's employment;
4844 (d) a juror who may be required to view child pornography during the course of the
4845 individual's service as a juror;
4846 (e) an attorney or employee of an attorney who is required to view child pornography
4847 during the course of a judicial process and while acting within the scope of employment;
4848 (f) an employee of the Department of Human Services who is required to view child
4849 pornography within the scope of the employee's employment; or
4850 (g) an attorney who is required to view child pornography within the scope of the
4851 attorney's responsibility to represent the Department of Human Services, including the
4852 divisions and offices within the Department of Human Services.
4853 Section 103. Section 76-5b-202 is amended to read:
4854 76-5b-202. Sexual exploitation of a vulnerable adult -- Offenses.
4855 (1) Terms defined in Section 76-1-101.5 apply to this section.
4856 [
4857 adult if the [
4858 (a) (i) (A) knowingly produces, possesses, or possesses with intent to distribute
4859 material that the [
4860 (B) intentionally distributes or views material that the [
4861 vulnerable adult pornography; and
4862 (ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult
4863 pornography lacks capacity to consent to the conduct described in Subsection [
4864 (b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the
4865 vulnerable adult to be, sexually exploited as described in Subsection [
4866 [
4867 third degree felony.
4868 [
4869 [
4870 [
4871 adult pornography.
4872 (4) It is an affirmative defense to a charge of violating this section that no vulnerable
4873 adult was actually depicted in the visual depiction or used in producing or advertising the
4874 visual depiction.
4875 (5) In proving a violation of this section in relation to an identifiable vulnerable adult,
4876 proof of the actual identity of the identifiable vulnerable adult is not required.
4877 (6) This section may not be construed to impose criminal or civil liability on:
4878 (a) any entity or an employee, director, officer, or agent of an entity, when acting
4879 within the scope of employment, for the good faith performance of:
4880 (i) reporting or data preservation duties required under any federal or state law; or
4881 (ii) implementing a policy of attempting to prevent the presence of vulnerable adult
4882 pornography on any tangible or intangible property, or of detecting and reporting the presence
4883 of vulnerable adult pornography on the property; or
4884 (b) any law enforcement officer acting within the scope of a criminal investigation.
4885 Section 104. Section 76-5b-203 is amended to read:
4886 76-5b-203. Distribution of an intimate image -- Penalty.
4887 (1) (a) As used in this section:
4888 [
4889 providing, giving, granting admission to, providing access to, or otherwise transferring or
4890 presenting an image to another individual, with or without consideration.
4891 [
4892 recording, picture, or computer or computer-generated image or picture, whether made or
4893 produced by electronic, mechanical, or other means, that depicts:
4894 [
4895 opaque covering;
4896 [
4897 female breast below the top of the areola; or
4898 [
4899 [
4900 [
4901 oral-anal, whether between persons of the same or opposite sex;
4902 [
4903 [
4904 [
4905 [
4906 individual;
4907 [
4908 [
4909 breast; or
4910 [
4911 [
4912 sexually explicit conduct that duplicates, within the perception of an average person, the
4913 appearance of an actual act of sexually explicit conduct.
4914 (v) "Single criminal episode" means the same as that term is defined in Section
4915 76-1-401.
4916 (b) Terms defined in Section 76-1-101.5 apply to this section.
4917 (2) (a) An actor commits the offense of distribution of an intimate image if:
4918 (i) the actor knowingly or intentionally distributes to a third party, or knowingly
4919 duplicates or copies an intimate image of an individual who is 18 years old or older and knows
4920 or should know that the distribution, duplication or copying would cause a reasonable person to
4921 suffer emotional distress or harm;
4922 (ii) the actor has not received consent from the individual depicted in the image to
4923 distribute the intimate image;
4924 (iii) the intimate image was created by or provided to the actor under circumstances in
4925 which the individual depicted in the image has a reasonable expectation of privacy; and
4926 (iv) except as provided in Subsection (2)(b), actual emotional distress or harm is
4927 caused to the individual depicted in the image as a result of the distribution.
4928 (b) Subsection (2)(a)(iv) is not an element of the offense described in Subsection (2)(a)
4929 if:
4930 (i) the individual depicted in the intimate image was the victim of a crime;
4931 (ii) the intimate image was provided to law enforcement as part of an investigation or
4932 prosecution of a crime committed against the victim;
4933 (iii) the intimate image was distributed without a legitimate law enforcement or
4934 investigative purpose by an individual who had access to the intimate image due to the
4935 individual's association with the investigation or prosecution described in Subsection (2)(b)(ii);
4936 and
4937 (iv) the victim is incapacitated or deceased.
4938 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
4939 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
4940 felony on a second or subsequent conviction for an offense under this section that does not
4941 arise from a single criminal episode.
4942 [
4943 (a) except as provided in Section 76-5b-203.5:
4944 (i) lawful practices of law enforcement agencies;
4945 (ii) prosecutorial agency functions;
4946 (iii) the reporting of a criminal offense;
4947 (iv) court proceedings or any other judicial proceeding; or
4948 (v) lawful and generally accepted medical practices and procedures;
4949 (b) an intimate image if the individual portrayed in the image voluntarily allows public
4950 exposure of the image;
4951 (c) an intimate image that is portrayed in a lawful commercial setting; or
4952 (d) an intimate image that is related to a matter of public concern or interest.
4953 [
4954 computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
4955 communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
4956 information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
4957 commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
4958 in 47 U.S.C. Sec. 522, if:
4959 (i) the distribution of an intimate image by the Internet service provider occurs only
4960 incidentally through the provider's function of:
4961 (A) transmitting or routing data from one person to another person; or
4962 (B) providing a connection between one person and another person;
4963 (ii) the provider does not intentionally aid or abet in the distribution of the intimate
4964 image; and
4965 (iii) the provider does not knowingly receive from or through a person who distributes
4966 the intimate image a fee greater than the fee generally charged by the provider, as a specific
4967 condition for permitting the person to distribute the intimate image.
4968 (b) This section does not apply to a hosting company, as defined in Section
4969 76-10-1230, if:
4970 (i) the distribution of an intimate image by the hosting company occurs only
4971 incidentally through the hosting company's function of providing data storage space or data
4972 caching to a person;
4973 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
4974 of the intimate image; and
4975 (iii) the hosting company does not knowingly receive from or through a person who
4976 distributes the intimate image a fee greater than the fee generally charged by the provider, as a
4977 specific condition for permitting the person to distribute, store, or cache the intimate image.
4978 (c) A service provider, as defined in Section 76-10-1230, is not negligent under this
4979 section if it complies with Section 76-10-1231.
4980 [
4981
4982 [
4983
4984
4985 Section 105. Section 76-5b-203.5 is amended to read:
4986 76-5b-203.5. Misuse of intimate image during a criminal action.
4987 (1) (a) As used in this section[
4988 (i) "Criminal action" means the same as that term is defined in Section 77-1-3.
4989 (ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.
4990 (b) Terms defined in Section 76-1-101.5 apply to this section.
4991 [
4992 criminal action if the actor:
4993 (a) obtains access to an intimate image in the course of a criminal action [
4994
4995 (b) intentionally [
4996 shares the intimate image, unless:
4997 [
4998 for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter
4999 involving the intimate image;
5000 [
5001 permission to display, duplicate, copy, or share the intimate image; or
5002 [
5003 circumstances in which the depicted individual has a reasonable expectation of privacy.
5004 (3) [
5005 (a) a class A misdemeanor for a first offense; or
5006 (b) a third degree felony for each subsequent offense.
5007 (4) Nothing in this section precludes an agency that employs an individual who is
5008 involved in a criminal action from establishing internal policies for an individual's violation of
5009 this section.
5010 Section 106. Section 76-5b-204 is amended to read:
5011 76-5b-204. Sexual extortion -- Penalties.
5012 (1) (a) As used in this section:
5013 [
5014 [
5015 [
5016 [
5017 76-5b-203.
5018 [
5019 [
5020 [
5021 [
5022 [
5023 in Section 76-5b-203.
5024 [
5025 76-5-111.
5026 (b) Terms defined in Section 76-1-101.5 apply to this section.
5027 (2) (a) An [
5028 extortion if the [
5029 [
5030 explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute
5031 an image, video, or other recording of any individual naked or engaged in sexually explicit
5032 conduct, communicates in person or by electronic means a threat:
5033 [
5034 [
5035 [
5036 conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any
5037 image, video, or other recording of any individual naked or engaged in sexually explicit
5038 conduct by means of a threat:
5039 [
5040 [
5041 (b) An actor commits aggravated sexual extortion when, in conjunction with the
5042 offense described in Subsection (2)(a), any of the following circumstances have been charged
5043 and admitted or found true in the action for the offense:
5044 (i) the victim is a child or vulnerable adult;
5045 (ii) the offense was committed by the use of a dangerous weapon or by violence,
5046 intimidation, menace, fraud, or threat of physical harm, or was committed during the course of
5047 a kidnapping;
5048 (iii) the actor caused bodily injury or severe psychological injury to the victim during
5049 or as a result of the offense;
5050 (iv) the actor was a stranger to the victim or became a friend of the victim for the
5051 purpose of committing the offense;
5052 (v) the actor, before sentencing for the offense, was previously convicted of any sexual
5053 offense;
5054 (vi) the actor occupied a position of special trust in relation to the victim;
5055 (vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
5056 sexual acts by the victim with any other individual, or sexual performance by the victim before
5057 any other individual, human trafficking, or human smuggling; or
5058 (viii) the actor caused the penetration, however slight, of the genital or anal opening of
5059 the victim by any part or parts of the human body, or by any other object.
5060 (3) (a) (i) [
5061 [
5062 victim is an adult is a second degree felony.
5063 [
5064 victim is a child or a vulnerable adult is a first degree felony.
5065 [
5066
5067
5068 [
5069 [
5070
5071
5072 [
5073
5074 [
5075
5076 [
5077
5078 [
5079 [
5080
5081
5082 [
5083
5084 [
5085 [
5086 Subsection (2)(a); and
5087 [
5088 outlined in Subsection (2)(a).
5089 [
5090 convicted of a separate criminal act if the [
5091 while the [
5092 [
5093 subject to liability under this section related to content provided by a user of the interactive
5094 computer service.
5095 Section 107. Section 76-5b-205 is amended to read:
5096 76-5b-205. Unlawful distribution of a counterfeit intimate image -- Penalty.
5097 (1) (a) As used in this section:
5098 [
5099 [
5100 video, recording, picture, or computer or computer-generated image or picture, whether made
5101 or produced by electronic, mechanical, or other means, that has been edited, manipulated, or
5102 altered to depict the likeness of an identifiable individual and purports to, or is made to appear
5103 to, depict that individual's:
5104 [
5105 opaque covering;
5106 [
5107 female breast below the top of the areola; or
5108 [
5109 explicit conduct.
5110 [
5111 [
5112 76-5b-203.
5113 [
5114 in Section 76-5b-203.
5115 (vi) "Single criminal episode" means the same as that term is defined in Section
5116 76-1-401.
5117 (b) Terms defined in Section 76-1-101.5 apply to this section.
5118 (2) (a) An actor commits the offense of unlawful distribution of a counterfeit intimate
5119 image if the actor knowingly or intentionally distributes a counterfeit intimate image that the
5120 actor knows or should reasonably know would cause a reasonable person to suffer emotional or
5121 physical distress or harm, if:
5122 [
5123 counterfeit intimate image; and
5124 [
5125 the knowledge and consent of the depicted individual.
5126 [
5127 counterfeit intimate image if, in committing the offense described in Subsection (2)(a), the
5128 individual depicted in the counterfeit intimate image is a child.
5129 (3) (a) (i) A violation of Subsection (2)(a) that is knowing or intentional is a class A
5130 misdemeanor.
5131 (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2)(a) that is
5132 knowing or intentional is a third degree felony on a second or subsequent conviction for an
5133 offense under this section that does not arise from a single criminal episode.
5134 (b) (i) A violation of Subsection (2)(b) that is knowing or intentional is a third degree
5135 felony.
5136 (ii) Notwithstanding Subsection (3)(b)(i), a violation of Subsection (2)(b) that is
5137 knowing or intentional is a second degree felony on a second or subsequent conviction for an
5138 offense under this section that does not arise from a single criminal episode.
5139 (c) This section does not apply to an actor who engages in conduct that constitutes a
5140 violation of this section to the extent that the actor is chargeable, for the same conduct, under
5141 Section 76-5b-201, sexual exploitation of a minor.
5142 (4) This section does not apply to:
5143 (a) (i) lawful practices of law enforcement agencies;
5144 (ii) prosecutorial agency functions;
5145 (iii) the reporting of a criminal offense;
5146 (iv) court proceedings or any other judicial proceeding; or
5147 (v) lawful and generally accepted medical practices and procedures;
5148 (b) a counterfeit intimate image if the individual portrayed in the image voluntarily
5149 allows public exposure of the image;
5150 (c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
5151 (d) a counterfeit intimate image that is related to a matter of public concern or interest
5152 or protected by the First Amendment to the United States Constitution or Article I, Sections 1
5153 and 15 of the Utah Constitution.
5154 (5) (a) This section does not apply to an Internet service provider or interactive
5155 computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
5156 communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
5157 information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
5158 commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
5159 in 47 U.S.C. Sec. 522, if:
5160 (i) the distribution of a counterfeit intimate image by the Internet service provider
5161 occurs only incidentally through the provider's function of:
5162 (A) transmitting or routing data from one person to another person; or
5163 (B) providing a connection between one person and another person;
5164 (ii) the provider does not intentionally aid or abet in the distribution of the counterfeit
5165 intimate image; and
5166 (iii) the provider does not knowingly receive from or through a person who distributes
5167 the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a
5168 specific condition for permitting the person to distribute the counterfeit intimate image.
5169 (b) This section does not apply to a hosting company, as defined in Section
5170 76-10-1230, if:
5171 (i) the distribution of a counterfeit intimate image by the hosting company occurs only
5172 incidentally through the hosting company's function of providing data storage space or data
5173 caching to a person;
5174 (ii) the hosting company does not intentionally engage, aid, or abet in the distribution
5175 of the counterfeit intimate image;
5176 (iii) the hosting company does not knowingly receive from or through a person who
5177 distributes the counterfeit intimate image a fee greater than the fee generally charged by the
5178 provider, as a specific condition for permitting the person to distribute, store, or cache the
5179 counterfeit intimate image; and
5180 (iv) the hosting company immediately removes the counterfeit intimate image upon
5181 notice from a law enforcement agency, prosecutorial agency, or the individual purportedly
5182 depicted in the counterfeit intimate image.
5183 (c) A service provider, as defined in Section 76-10-1230, is not negligent under this
5184 section if it complies with Section 76-10-1231.
5185 [
5186
5187
5188 [
5189
5190 [
5191
5192
5193 [
5194
5195 [
5196
5197
5198 Section 108. Section 76-6-102 is amended to read:
5199 76-6-102. Arson.
5200 (1) A person is guilty of arson if, under circumstances not amounting to aggravated
5201 arson, the person by means of fire or explosives unlawfully and intentionally damages:
5202 (a) any property with intention of defrauding an insurer; or
5203 (b) the property of another.
5204 (2) A violation of Subsection (1)(a) is a second degree felony.
5205 (3) A violation of Subsection (1)(b) is a second degree felony if:
5206 (a) the damage caused is or exceeds $5,000 in value;
5207 (b) as a proximate result of the fire or explosion, any person not a participant in the
5208 offense suffers serious bodily injury as defined in Section [
5209 (c) (i) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
5210 (ii) at the time of the offense the actor has been previously convicted of a violation of
5211 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5212 commission of the violation of Subsection (1)(b).
5213 (4) A violation of Subsection (1)(b) is a third degree felony if:
5214 (a) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
5215 (b) as a proximate result of the fire or explosion, any person not a participant in the
5216 offense suffers substantial bodily injury as defined in Section [
5217 (c) the fire or explosion endangers human life; or
5218 (d) (i) the damage caused is or exceeds $500 but is less than $1,500 in value; and
5219 (ii) at the time of the offense the actor has been previously convicted of a violation of
5220 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5221 commission of the violation of Subsection (1)(b).
5222 (5) A violation of Subsection (1)(b) is a class A misdemeanor if the damage caused:
5223 (a) is or exceeds $500 but is less than $1,500 in value; or
5224 (b) (i) is less than $500; and
5225 (ii) at the time of the offense the actor has been previously convicted of a violation of
5226 this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the
5227 commission of the violation of Subsection (1)(b).
5228 (6) A violation of Subsection (1)(b) is a class B misdemeanor if the damage caused is
5229 less than $500.
5230 Section 109. Section 76-6-203 is amended to read:
5231 76-6-203. Aggravated burglary.
5232 (1) A person is guilty of aggravated burglary if in attempting, committing, or fleeing
5233 from a burglary the actor or another participant in the crime:
5234 (a) causes bodily injury to any person who is not a participant in the crime;
5235 (b) uses or threatens the immediate use of a dangerous weapon against any person who
5236 is not a participant in the crime; or
5237 (c) possesses or attempts to use any explosive or dangerous weapon.
5238 (2) Aggravated burglary is a first degree felony.
5239 (3) As used in this section, "dangerous weapon" has the same definition as under
5240 Section [
5241 Section 110. Section 76-6-302 is amended to read:
5242 76-6-302. Aggravated robbery.
5243 (1) A person commits aggravated robbery if in the course of committing robbery, he:
5244 (a) uses or threatens to use a dangerous weapon as defined in Section [
5245 76-1-101.5;
5246 (b) causes serious bodily injury upon another; or
5247 (c) takes or attempts to take an operable motor vehicle.
5248 (2) Aggravated robbery is a first degree felony.
5249 (3) For the purposes of this part, an act shall be considered to be "in the course of
5250 committing a robbery" if it occurs in an attempt to commit, during the commission of, or in the
5251 immediate flight after the attempt or commission of a robbery.
5252 Section 111. Section 76-7-101 is amended to read:
5253 76-7-101. Bigamy -- Penalty -- Defense.
5254 (1) An individual is guilty of bigamy if:
5255 (a) the individual purports to marry another individual; and
5256 (b) knows or reasonably should know that one or both of the individuals described in
5257 Subsection (1)(a) are legally married to another individual.
5258 (2) An individual who violates Subsection (1) is guilty of an infraction.
5259 (3) An individual is guilty of a third degree felony if the individual induces bigamy:
5260 (a) under fraudulent or false pretenses; or
5261 (b) by threat or coercion.
5262 (4) An individual is guilty of a second degree felony if the individual:
5263 (a) cohabitates with another individual with whom the individual is engaged in bigamy
5264 as described in Subsection (1); and
5265 (b) in furtherance of the conduct described in Subsection (4)(a), commits a felony
5266 offense, or for Subsection (4)(b)[
5267 more of the following:
5268 (i) Section 76-5-109, child abuse;
5269 (ii) Section 76-5-109.2, aggravated child abuse;
5270 (iii) Section 76-5-109.3, child abandonment;
5271 (iv) Section 76-5-111, abuse of a vulnerable adult;
5272 (v) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
5273 (vi) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
5274 (vii) Section 76-5-111.4, financial exploitation of a vulnerable adult;
5275 [
5276 (ix) Section 76-5-208, child abuse homicide;
5277 [
5278 [
5279 [
5280 [
5281 [
5282 [
5283 [
5284 (xiii) Section 76-9-702.1, sexual battery;
5285 [
5286 [
5287 (5) It is a defense to prosecution under Subsection (2) that:
5288 (a) the individual ceased the practice of bigamy as described in Subsection (1) under
5289 reasonable fear of coercion or bodily harm;
5290 (b) the individual entered the practice of bigamy, as described in Subsection (1), as a
5291 minor and ceased the practice of bigamy at any time after the individual entered the practice of
5292 bigamy; or
5293 (c) law enforcement discovers that the individual practices bigamy, as described in
5294 Subsection (1), as a result of the individual's efforts to protect the safety and welfare of another
5295 individual.
5296 Section 112. Section 76-7-305 is amended to read:
5297 76-7-305. Informed consent requirements for abortion -- 72-hour wait mandatory
5298 -- Exceptions.
5299 (1) A person may not perform an abortion, unless, before performing the abortion, the
5300 physician who will perform the abortion obtains from the woman on whom the abortion is to
5301 be performed a voluntary and informed written consent that is consistent with:
5302 (a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
5303 Current Opinions; and
5304 (b) the provisions of this section.
5305 (2) Except as provided in Subsection (8), consent to an abortion is voluntary and
5306 informed only if, at least 72 hours before the abortion:
5307 (a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
5308 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
5309 physician's assistant presents the information module to the pregnant woman;
5310 (b) the pregnant woman views the entire information module and presents evidence to
5311 the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
5312 information module;
5313 (c) after receiving the evidence described in Subsection (2)(b), the individual described
5314 in Subsection (2)(a):
5315 (i) documents that the pregnant woman viewed the entire information module;
5316 (ii) gives the pregnant woman, upon her request, a copy of the documentation
5317 described in Subsection (2)(c)(i); and
5318 (iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
5319 who is to perform the abortion, upon request of that physician or the pregnant woman;
5320 (d) after the pregnant woman views the entire information module, the physician who
5321 is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
5322 practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
5323 physician's assistant, in a face-to-face consultation in any location in the state, orally informs
5324 the woman of:
5325 (i) the nature of the proposed abortion procedure;
5326 (ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
5327 fetus;
5328 (iii) the risks and alternatives to the abortion procedure or treatment;
5329 (iv) the options and consequences of aborting a medication-induced abortion, if the
5330 proposed abortion procedure is a medication-induced abortion;
5331 (v) the probable gestational age and a description of the development of the unborn
5332 child at the time the abortion would be performed;
5333 (vi) the medical risks associated with carrying her child to term;
5334 (vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
5335 woman, upon her request; and
5336 (viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
5337 child has or may have Down syndrome, the Department of Health website containing the
5338 information described in Section 26-10-14, including the information on the informational
5339 support sheet; and
5340 (e) after the pregnant woman views the entire information module, a staff member of
5341 the abortion clinic or hospital provides to the pregnant woman:
5342 (i) on a document that the pregnant woman may take home:
5343 (A) the address for the department's website described in Section 76-7-305.5; and
5344 (B) a statement that the woman may request, from a staff member of the abortion clinic
5345 or hospital where the woman viewed the information module, a printed copy of the material on
5346 the department's website;
5347 (ii) a printed copy of the material on the department's website described in Section
5348 76-7-305.5, if requested by the pregnant woman; and
5349 (iii) a copy of the form described in Subsection 26-21-33(3)(a)(i) regarding the
5350 disposition of the aborted fetus.
5351 (3) Before performing an abortion, the physician who is to perform the abortion shall:
5352 (a) in a face-to-face consultation, provide the information described in Subsection
5353 (2)(d), unless the attending physician or referring physician is the individual who provided the
5354 information required under Subsection (2)(d); and
5355 (b) (i) obtain from the pregnant woman a written certification that the information
5356 required to be provided under Subsection (2) and this Subsection (3) was provided in
5357 accordance with the requirements of Subsection (2) and this Subsection (3);
5358 (ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
5359 (iii) ensure that:
5360 (A) the woman has received the information described in Subsections 26-21-33(3) and
5361 (4); and
5362 (B) if the woman has a preference for the disposition of the aborted fetus, the woman
5363 has informed the health care facility of the woman's decision regarding the disposition of the
5364 aborted fetus.
5365 (4) When a serious medical emergency compels the performance of an abortion, the
5366 physician shall inform the woman prior to the abortion, if possible, of the medical indications
5367 supporting the physician's judgment that an abortion is necessary.
5368 (5) If an ultrasound is performed on a woman before an abortion is performed, the
5369 individual who performs the ultrasound, or another qualified individual, shall:
5370 (a) inform the woman that the ultrasound images will be simultaneously displayed in a
5371 manner to permit her 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 (b) simultaneously display the ultrasound images in order to permit the woman to:
5375 (i) view the images, if she chooses to view the images; or
5376 (ii) not view the images, if she chooses not to view the images;
5377 (c) inform the woman that, if she desires, the person performing the ultrasound, or
5378 another qualified person shall provide a detailed description of the ultrasound images,
5379 including:
5380 (i) the dimensions of the unborn child;
5381 (ii) the presence of cardiac activity in the unborn child, if present and viewable; and
5382 (iii) the presence of external body parts or internal organs, if present and viewable; and
5383 (d) provide the detailed description described in Subsection (5)(c), if the woman
5384 requests it.
5385 (6) The information described in Subsections (2), (3), and (5) is not required to be
5386 provided to a pregnant woman under this section if the abortion is performed for a reason
5387 described in:
5388 (a) Subsection 76-7-302(3)(b)(i), if the treating physician and one other physician
5389 concur, in writing, that the abortion is necessary to avert:
5390 (i) the death of the woman on whom the abortion is performed; or
5391 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
5392 of the woman on whom the abortion is performed; or
5393 (b) Subsection 76-7-302(3)(b)(ii).
5394 (7) In addition to the criminal penalties described in this part, a physician who violates
5395 the provisions of this section:
5396 (a) is guilty of unprofessional conduct as defined in Section 58-67-102 or 58-68-102;
5397 and
5398 (b) shall be subject to:
5399 (i) suspension or revocation of the physician's license for the practice of medicine and
5400 surgery in accordance with Section 58-67-401 or 58-68-401; and
5401 (ii) administrative penalties in accordance with Section 58-67-402 or 58-68-402.
5402 (8) A physician is not guilty of violating this section for failure to furnish any of the
5403 information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
5404 (a) the physician can demonstrate by a preponderance of the evidence that the
5405 physician reasonably believed that furnishing the information would have resulted in a severely
5406 adverse effect on the physical or mental health of the pregnant woman;
5407 (b) in the physician's professional judgment, the abortion was necessary to avert:
5408 (i) the death of the woman on whom the abortion is performed; or
5409 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
5410 of the woman on whom the abortion is performed;
5411 (c) the pregnancy was the result of rape or rape of a child, as [
5412 Sections 76-5-402 and 76-5-402.1;
5413 (d) the pregnancy was the result of incest, as defined in Subsection 76-5-406(2)(j) and
5414 Section 76-7-102; or
5415 (e) at the time of the abortion, the pregnant woman was 14 years [
5416 younger.
5417 (9) A physician who complies with the provisions of this section and Section
5418 76-7-304.5 may not be held civilly liable to the physician's patient for failure to obtain
5419 informed consent under Section 78B-3-406.
5420 (10) (a) The department shall provide an ultrasound, in accordance with the provisions
5421 of Subsection (5)(b), at no expense to the pregnant woman.
5422 (b) A local health department shall refer a pregnant woman who requests an ultrasound
5423 described in Subsection (10)(a) to the department.
5424 (11) A physician is not guilty of violating this section if:
5425 (a) the information described in Subsection (2) is provided less than 72 hours before
5426 the physician performs the abortion; and
5427 (b) in the physician's professional judgment, the abortion was necessary in a case
5428 where:
5429 (i) a ruptured membrane, documented by the attending or referring physician, will
5430 cause a serious infection; or
5431 (ii) a serious infection, documented by the attending or referring physician, will cause a
5432 ruptured membrane.
5433 Section 113. Section 76-8-309 is amended to read:
5434 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
5435 (1) (a) (i) A prisoner is guilty of escape if the prisoner leaves official custody without
5436 lawful authorization.
5437 (ii) If a prisoner obtains authorization to leave official custody by means of deceit,
5438 fraud, or other artifice, the prisoner has not received lawful authorization.
5439 (b) Escape under this Subsection (1) is a third degree felony except as provided under
5440 Subsection (1)(c).
5441 (c) Escape under this Subsection (1) is a second degree felony if:
5442 (i) the actor escapes from a state prison; or
5443 (ii) (A) the actor is convicted as a party to the offense, as defined in Section 76-2-202;
5444 and
5445 (B) the actor is an employee at or a volunteer of a law enforcement agency, the
5446 Department of Corrections, a county or district attorney's office, the office of the state attorney
5447 general, the Board of Pardons and Parole, or the courts, the Judicial Council, the
5448 Administrative Office of the Courts, or similar administrative units in the judicial branch of
5449 government.
5450 (2) (a) A prisoner is guilty of aggravated escape if in the commission of an escape the
5451 prisoner uses a dangerous weapon, as defined in Section [
5452 serious bodily injury to another.
5453 (b) Aggravated escape is a first degree felony.
5454 (3) Any prison term imposed upon a prisoner for escape under this section shall run
5455 consecutively with any other sentence.
5456 (4) For the purposes of this section:
5457 (a) "Confinement" means the prisoner is:
5458 (i) housed in a state prison or any other facility pursuant to a contract with the Utah
5459 Department of Corrections after being sentenced and committed and the sentence has not been
5460 terminated or voided or the prisoner is not on parole;
5461 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county
5462 jail after sentencing and commitment and the sentence has not been terminated or voided or the
5463 prisoner is not on parole; or
5464 (iii) lawfully detained following arrest.
5465 (b) "Escape" is considered to be a continuing activity commencing with the conception
5466 of the design to escape and continuing until the escaping prisoner is returned to official custody
5467 or the prisoner's attempt to escape is thwarted or abandoned.
5468 (c) "Official custody" means arrest, whether with or without warrant, or confinement in
5469 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
5470 pursuant to an order of the court or sentenced and committed and the sentence has not been
5471 terminated or voided or the prisoner is not on parole. A person is considered confined in the
5472 state prison if the person:
5473 (i) without authority fails to return to the person's place of confinement from work
5474 release or home visit by the time designated for return;
5475 (ii) is in prehearing custody after arrest for parole violation;
5476 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract
5477 with the Department of Corrections; or
5478 (iv) is being transported as a prisoner in the state prison by correctional officers.
5479 (d) "Prisoner" means any person who is in official custody and includes persons under
5480 trusty status.
5481 (e) "Volunteer" means any person who donates service without pay or other
5482 compensation except expenses actually and reasonably incurred as approved by the supervising
5483 agency.
5484 Section 114. Section 76-8-316 is amended to read:
5485 76-8-316. Influencing, impeding, or retaliating against a judge or member of the
5486 Board of Pardons and Parole or acting against a family member of a judge or a member
5487 of the Board of Pardons and Parole.
5488 (1) As used in this section:
5489 (a) "Board member" means an appointed member of the Board of Pardons and Parole.
5490 (b) "Family member" means parents, spouse, surviving spouse, children, and siblings
5491 of a judge or board member.
5492 (c) "Judge" means judges of all courts of record and courts not of record and court
5493 commissioners.
5494 (2) A person is guilty of a third degree felony if the person threatens to assault, kidnap,
5495 or murder a judge, a family member of a judge, a board member, or a family member of a
5496 board member with the intent to impede, intimidate, or interfere with the judge or board
5497 member while engaged in the performance of the judge's or board member's official duties or
5498 with the intent to retaliate against the judge or board member on account of the performance of
5499 those official duties.
5500 (3) A person is guilty of a second degree felony if the person commits an assault on a
5501 judge, a family member of a judge, a board member, or a family member of a board member
5502 with the intent to impede, intimidate, or interfere with the judge or board member while
5503 engaged in the performance of the judge's or board member's official duties, or with the intent
5504 to retaliate against the judge or board member on account of the performance of those official
5505 duties.
5506 (4) A person is guilty of a first degree felony if the person commits aggravated assault
5507 on a judge, a family member of a judge, a board member, or a family member of a board
5508 member with the intent to impede, intimidate, or interfere with the judge or board member
5509 while engaged in the performance of the judge's or board member's official duties or with the
5510 intent to retaliate against the judge or board member on account of the performance of those
5511 official duties.
5512 (5) A person is guilty of a first degree felony if the person commits attempted murder
5513 on a family member of a judge or a family member of a board member with the intent to
5514 impede, intimidate, or interfere with the judge or board member while engaged in the
5515 performance of the judge's or board member's official duties or with the intent to retaliate
5516 against the judge or board member on account of the performance of those official duties.
5517 (6) A member of the Board of Pardons and Parole is an executive officer for purposes
5518 of Subsection 76-5-202[
5519 Section 115. Section 76-8-318 is amended to read:
5520 76-8-318. Assault or threat of violence against child welfare worker -- Penalty.
5521 (1) As used in this section:
5522 (a) "Assault" means the same as that term is defined in Section 76-5-102.
5523 (b) "Child welfare worker" means an employee of the Division of Child and Family
5524 Services created in Section 62A-4a-103.
5525 (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
5526 (2) An individual who commits an assault or threat of violence against a child welfare
5527 worker is guilty of a class A misdemeanor if:
5528 (a) the individual is not:
5529 (i) a prisoner or an individual detained under Section 77-7-15; or
5530 (ii) a minor in the custody of or receiving services from a division within the
5531 Department of Human Services;
5532 (b) the individual knew that the victim was a child welfare worker; and
5533 (c) the child welfare worker was acting within the scope of the child welfare worker's
5534 authority at the time of the assault or threat of violence.
5535 (3) An individual who violates this section is guilty of a third degree felony if the
5536 individual:
5537 (a) causes substantial bodily injury, as defined in Section [
5538 (b) acts intentionally or knowingly.
5539 Section 116. Section 76-9-101 is amended to read:
5540 76-9-101. Riot -- Penalties.
5541 (1) An individual is guilty of riot if the individual:
5542 (a) simultaneously with two or more other individuals engages in violent conduct,
5543 knowingly or recklessly creating a substantial risk of causing public alarm;
5544 (b) assembles with two or more other individuals with the purpose of engaging, soon
5545 thereafter, in violent conduct, knowing, that two or more other individuals in the assembly have
5546 the same purpose; or
5547 (c) assembles with two or more other individuals with the purpose of committing an
5548 offense against a person, or the property of another person who the individual supposes to be
5549 guilty of a violation of law, believing that two or more other individuals in the assembly have
5550 the same purpose.
5551 (2) Any individual who refuses to comply with a lawful order to withdraw prior to,
5552 during, or immediately following a violation of Subsection (1) is guilty of riot. It is no defense
5553 to a prosecution under this Subsection (2) that withdrawal must take place over private
5554 property; provided, however, that an individual who withdraws in compliance with an order to
5555 withdraw may not incur criminal or civil liability by virtue of acts reasonably necessary to
5556 accomplish the withdrawal.
5557 (3) Except as provided in Subsection (4), riot is a class B misdemeanor.
5558 (4) Riot is a third degree felony if, in the course of the conduct:
5559 (a) the individual causes substantial or serious bodily injury;
5560 (b) the individual causes substantial property damage or commits arson; or
5561 (c) the individual was in possession of a dangerous weapon as defined in Section
5562 [
5563 (5) An individual arrested for a violation of Subsection (4) may not be released from
5564 custody before the individual appears before a magistrate or a judge.
5565 (6) The court shall order a defendant convicted under Subsection (4) to pay restitution
5566 in accordance with Section 77-38b-205.
5567 Section 117. Section 76-9-702 is amended to read:
5568 76-9-702. Lewdness.
5569 (1) A person is guilty of lewdness if the person under circumstances not amounting to
5570 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
5571 abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
5572 [
5573 76-5-412.2, custodial sexual relations with youth receiving state services under Section
5574 76-5-413, custodial sexual misconduct with youth receiving state services under Section
5575 76-5-413.2, or an attempt to commit any of these offenses, performs any of the following acts
5576 in a public place or under circumstances which the person should know will likely cause
5577 affront or alarm to, on, or in the presence of another who is 14 years [
5578 (a) an act of sexual intercourse or sodomy;
5579 (b) exposes his or her genitals, the female breast below the top of the areola, the
5580 buttocks, the anus, or the pubic area;
5581 (c) masturbates; or
5582 (d) any other act of lewdness.
5583 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
5584 guilty of a class B misdemeanor, except under Subsection (2)(b).
5585 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
5586 if at the time of the violation:
5587 (i) the person is a sex offender as defined in Section 77-27-21.7;
5588 (ii) the person has been previously convicted two or more times of violating Subsection
5589 (1); or
5590 (iii) the person has previously been convicted of a violation of Subsection (1) and has
5591 also previously been convicted of a violation of Section 76-9-702.5.
5592 (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102(17), a plea of
5593 guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77,
5594 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
5595 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
5596 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
5597 (3) A woman's breast feeding, including breast feeding in any location where the
5598 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
5599 irrespective of whether or not the breast is covered during or incidental to feeding.
5600 Section 118. Section 76-9-702.1 is amended to read:
5601 76-9-702.1. Sexual battery.
5602 (1) A person is guilty of sexual battery if the person, under circumstances not
5603 amounting to an offense under Subsection (2), intentionally touches, whether or not through
5604 clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of a
5605 female person, and the actor's conduct is under circumstances the actor knows or should know
5606 will likely cause affront or alarm to the person touched.
5607 (2) Offenses referred to in Subsection (1) are:
5608 (a) rape, Section 76-5-402;
5609 (b) rape of a child, Section 76-5-402.1;
5610 (c) object rape, Section 76-5-402.2;
5611 (d) object rape of a child, Section 76-5-402.3;
5612 (e) forcible sodomy, Subsection 76-5-403(2);
5613 (f) sodomy on a child, Section 76-5-403.1;
5614 (g) forcible sexual abuse, Section 76-5-404;
5615 (h) sexual abuse of a child, [
5616 (i) aggravated sexual abuse of a child, [
5617 (j) aggravated sexual assault, Section 76-5-405; and
5618 (k) an attempt to commit any offense under this Subsection (2).
5619 (3) Sexual battery is a class A misdemeanor.
5620 (4) For purposes of Subsection 77-41-102(17) only, a plea of guilty or nolo contendere
5621 to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in
5622 Abeyance, is the equivalent of a conviction. This Subsection (4) also applies if the charge
5623 under this section has been subsequently reduced or dismissed in accordance with the plea in
5624 abeyance agreement.
5625 Section 119. Section 76-9-804 is amended to read:
5626 76-9-804. Convicted criminal gang offender -- Prohibition.
5627 (1) A person who has been convicted of a crime for which the penalty was enhanced
5628 under Section 76-3-203.1 may not, except where a greater penalty is applicable under this title,
5629 possess a dangerous weapon as defined in either Section [
5630 ammunition, or a facsimile of a firearm within five years after the conviction.
5631 (2) A violation of Subsection (1) is a class A misdemeanor.
5632 Section 120. Section 76-9-1003 is amended to read:
5633 76-9-1003. Detention or arrest -- Determination of immigration status.
5634 (1) (a) Except as provided in Subsection (1)(b), (c), or (d), any law enforcement officer
5635 who, acting in the enforcement of any state law or local ordinance, conducts any lawful stop,
5636 detention, or arrest of a person as specified in Subsection (1)(a)(i) or (ii), and the person is
5637 unable to provide to the law enforcement officer a document listed in Subsection 76-9-1004(1)
5638 and the officer is otherwise unable to verify the identity of the person, the officer:
5639 (i) shall request verification of the citizenship or the immigration status of the person
5640 under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection (1)(b), (c), or (d), if the
5641 person is arrested for an alleged offense that is a class A misdemeanor or a felony; and
5642 (ii) may attempt to verify the immigration status of the person, except as exempted
5643 under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except
5644 that if the person is arrested and booked for a class B or C misdemeanor, the arresting law
5645 enforcement officer or the law enforcement agency booking the person shall attempt to verify
5646 the immigration status of the person.
5647 (b) In individual cases, the law enforcement officer may forego the verification of
5648 immigration status under Subsection (1)(a) if the determination could hinder or obstruct a
5649 criminal investigation.
5650 (c) Subsection (1)(a) does not apply to a law enforcement officer who is acting as a
5651 school resource officer for any elementary or secondary school.
5652 (d) Subsection (1)(a) does not apply to a county or municipality when it has only one
5653 law enforcement officer on duty and response support from another law enforcement agency is
5654 not available.
5655 (2) When a law enforcement officer makes a lawful stop, detention, or arrest under
5656 Subsection (1) of the operator of a vehicle, and while investigating or processing the primary
5657 offense, the officer makes observations that give the officer reasonable suspicion that the
5658 operator or any of the passengers in the vehicle are violating Section 76-5-308, 76-5-308.1,
5659 76-5-308.3, 76-5-308.5, 76-5-310, 76-5-310.1, or 76-10-2901, which concern smuggling,
5660 human trafficking, and transporting illegal aliens, the officer shall, to the extent possible within
5661 a reasonable period of time:
5662 (a) detain the occupants of the vehicle to investigate the suspected violations; and
5663 (b) inquire regarding the immigration status of the occupants of the vehicle.
5664 (3) When a person under Subsection (1) is arrested or booked into a jail, juvenile
5665 detention facility, or correctional facility, the arresting officer or the booking officer shall
5666 ensure that a request for verification of immigration status of the arrested or booked person is
5667 submitted as promptly as is reasonably possible.
5668 (4) The law enforcement agency that has custody of a person verified to be an illegal
5669 alien shall request that the United States Department of Homeland Security issue a detainer
5670 requesting transfer of the illegal alien into federal custody.
5671 (5) A law enforcement officer may not consider race, color, or national origin in
5672 implementing this section, except to the extent permitted by the constitutions of the United
5673 States and this state.
5674 Section 121. Section 76-10-1302 is amended to read:
5675 76-10-1302. Prostitution.
5676 (1) An individual except for a child under Section 76-10-1315 is guilty of prostitution
5677 when the individual:
5678 (a) engages, offers, or agrees to engage in any sexual activity with another individual
5679 for a fee, or the functional equivalent of a fee;
5680 (b) takes steps in arranging a meeting through any form of advertising, agreeing to
5681 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5682 or the functional equivalent of a fee; or
5683 (c) loiters in or within view of any public place for the purpose of being hired to
5684 engage in sexual activity.
5685 (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
5686 a class B misdemeanor.
5687 (b) Except as provided in Section 76-10-1309, an individual who is convicted a second
5688 time, and on all subsequent convictions, of a subsequent offense of prostitution under this
5689 section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
5690 a class A misdemeanor.
5691 (3) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
5692 the individual engages in a violation of Subsection (1) at or near the time the individual
5693 witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
5694 following offenses, and the individual reports the offense or attempt to law enforcement in
5695 good faith:
5696 (a) assault, Section 76-5-102;
5697 (b) aggravated assault, Section 76-5-103;
5698 (c) mayhem, Section 76-5-105;
5699 (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
5700 homicide, or homicide by assault under [
5701 (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
5702 aggravated human trafficking, human smuggling or aggravated human smuggling, or human
5703 trafficking of a child under [
5704 Smuggling;
5705 (f) rape, Section 76-5-402;
5706 (g) rape of a child, Section 76-5-402.1;
5707 (h) object rape, Section 76-5-402.2;
5708 (i) object rape of a child, Section 76-5-402.3;
5709 (j) forcible sodomy, Section 76-5-403;
5710 (k) sodomy on a child, Section 76-5-403.1;
5711 (l) forcible sexual abuse, Section 76-5-404;
5712 (m) [
5713 or aggravated sexual abuse of a child, Section 76-5-404.3;
5714 (n) aggravated sexual assault, Section 76-5-405;
5715 (o) sexual exploitation of a minor, Section 76-5b-201;
5716 (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
5717 (q) aggravated burglary or burglary of a dwelling under [
5718 Burglary and Criminal Trespass;
5719 (r) aggravated robbery or robbery under [
5720 (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
5721 Section 122. Section 76-10-1306 is amended to read:
5722 76-10-1306. Aggravated exploitation of prostitution.
5723 (1) A person is guilty of aggravated exploitation if:
5724 (a) in committing an act of exploiting prostitution, as defined in Section 76-10-1305,
5725 the person uses any force, threat, or fear against any person;
5726 (b) the person procured, transported, or persuaded or with whom the person shares the
5727 proceeds of prostitution is a child or is the spouse of the actor; or
5728 (c) in the course of committing exploitation of prostitution, a violation of Section
5729 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section
5730 76-5-308, 76-5-308.1, 76-5-308.3, or 76-5-308.5.
5731 (2) Aggravated exploitation of prostitution is a second degree felony, except under
5732 Subsection (3).
5733 (3) Aggravated exploitation of prostitution involving a child is a first degree felony.
5734 (4) Upon a conviction for a violation of this section, the court shall order the maximum
5735 fine amount and may not waive or suspend the fine.
5736 Section 123. Section 76-10-1313 is amended to read:
5737 76-10-1313. Sexual solicitation -- Penalty.
5738 (1) An individual except for a child under Section 76-10-1315 is guilty of sexual
5739 solicitation when the individual:
5740 (a) offers or agrees to commit any sexual activity with another individual for a fee, or
5741 the functional equivalent of a fee;
5742 (b) pays or offers or agrees to pay a fee or the functional equivalent of a fee to another
5743 individual to commit any sexual activity; or
5744 (c) with intent to engage in sexual activity for a fee or the functional equivalent of a fee
5745 or to pay another individual to commit any sexual activity for a fee or the functional equivalent
5746 of a fee engages in, offers or agrees to engage in, or requests or directs another to engage in any
5747 of the following acts:
5748 (i) exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the
5749 female breast below the top of the areola;
5750 (ii) masturbation;
5751 (iii) touching of an individual's genitals, the buttocks, the anus, the pubic area, or the
5752 female breast; or
5753 (iv) any act of lewdness.
5754 (2) An intent to engage in sexual activity for a fee may be inferred from an individual's
5755 engaging in, offering or agreeing to engage in, or requesting or directing another to engage in
5756 any of the acts described in Subsection (1)(c) under the totality of the existing circumstances.
5757 (3) Except as provided in Section 76-10-1309 and Subsections (4) and (5), an
5758 individual who is convicted of sexual solicitation under this section or under a local ordinance
5759 adopted in compliance with Section 76-10-1307 is guilty of a class A misdemeanor.
5760 (4) An individual who is convicted a third time under this section or a local ordinance
5761 adopted in compliance with Section 76-10-1307 is guilty of a third degree felony.
5762 (5) If an individual commits an act of sexual solicitation and the individual solicited is
5763 a child, the offense is a third degree felony if the solicitation does not amount to:
5764 (a) a violation of Section 76-5-308, 76-5-308.1, or 76-5-308.5, human trafficking or
5765 Section 76-5-308.3, human smuggling; or
5766 (b) a violation of Section 76-5-310, aggravated human trafficking or Section
5767 76-5-310.1, aggravated human smuggling.
5768 (6) (a) Upon encountering a child engaged in commercial sex or sexual solicitation, a
5769 law enforcement officer shall follow the procedure described in Subsection 76-10-1315(2).
5770 (b) A child engaged in commercial sex or sexual solicitation shall be referred to the
5771 Division of Child and Family Services for services and may not be subjected to delinquency
5772 proceedings.
5773 (7) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
5774 the individual engages in a violation of Subsection (1) at or near the time the individual
5775 witnesses or is a victim of any of the offenses or an attempt to commit any of the offenses
5776 described in Subsection 76-10-1302(3), and the individual reports the offense or attempt to law
5777 enforcement in good faith.
5778 Section 124. Section 76-10-1315 is amended to read:
5779 76-10-1315. Safe harbor for children as victims in commercial sex or sexual
5780 solicitation.
5781 (1) As used in this section:
5782 (a) "Child engaged in commercial sex" means a child who:
5783 (i) engages, offers, or agrees to engage in any sexual activity with another individual
5784 for a fee, or the functional equivalent of a fee;
5785 (ii) takes steps in arranging a meeting through any form of advertising, agreeing to
5786 meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
5787 or the functional equivalent of a fee; or
5788 (iii) loiters in or within view of any public place for the purpose of being hired to
5789 engage in sexual activity.
5790 (b) "Child engaged in sexual solicitation" means a child who offers or agrees to
5791 commit or engage in any sexual activity with another person for a fee or the functional
5792 equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
5793 (c) "Division" means the Division of Child and Family Services created in Section
5794 62A-4a-103.
5795 (d) "Juvenile receiving center" means the same as that term is defined in Section
5796 80-1-102.
5797 (2) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
5798 enforcement officer shall:
5799 (a) conduct an investigation regarding possible human trafficking of the child pursuant
5800 to Sections 76-5-308, 76-5-308.1, and 76-5-308.5;
5801 (b) refer the child to the division;
5802 (c) bring the child to a juvenile receiving center, if available; and
5803 (d) contact the child's parent or guardian, if practicable.
5804 (3) When law enforcement refers a child to the division under Subsection (2)(b) the
5805 division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
5806 Services.
5807 (4) A child may not be subjected to delinquency proceedings for prostitution under
5808 Section 76-10-1302, or sex solicitation under Section 76-10-1313.
5809 Section 125. Section 76-10-1504 is amended to read:
5810 76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
5811 dangerous weapon -- Penalties.
5812 (1) (a) A person is guilty of bus hijacking if the person seizes or exercises control, by
5813 force or violence or threat of force or violence, of a bus within the state.
5814 (b) Bus hijacking is a first degree felony.
5815 (2) (a) A person is guilty of assault with the intent to commit bus hijacking if the
5816 person intimidates, threatens, or commits assault or battery toward a driver, attendant, guard, or
5817 any other person in control of a bus so as to interfere with the performance of duties by the
5818 person.
5819 (b) Assault with the intent to commit bus hijacking is a second degree felony.
5820 (3) A person who, in the commission of assault with intent to commit bus hijacking,
5821 uses a dangerous weapon, as defined in Section [
5822 degree felony.
5823 Section 126. Section 76-10-1602 is amended to read:
5824 76-10-1602. Definitions.
5825 As used in this part:
5826 (1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
5827 business trust, association, or other legal entity, and any union or group of individuals
5828 associated in fact although not a legal entity, and includes illicit as well as licit entities.
5829 (2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
5830 commission of at least three episodes of unlawful activity, which episodes are not isolated, but
5831 have the same or similar purposes, results, participants, victims, or methods of commission, or
5832 otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
5833 demonstrate continuing unlawful conduct and be related either to each other or to the
5834 enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
5835 occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
5836 activity as defined by this part shall have occurred within five years of the commission of the
5837 next preceding act alleged as part of the pattern.
5838 (3) "Person" includes any individual or entity capable of holding a legal or beneficial
5839 interest in property, including state, county, and local governmental entities.
5840 (4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
5841 command, encourage, or intentionally aid another person to engage in conduct which would
5842 constitute any offense described by the following crimes or categories of crimes, or to attempt
5843 or conspire to engage in an act which would constitute any of those offenses, regardless of
5844 whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
5845 or a felony:
5846 (a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
5847 Recording Practices Act;
5848 (b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
5849 Code, Sections 19-1-101 through 19-7-109;
5850 (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
5851 purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
5852 Code of Utah, or Section 23-20-4;
5853 (d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
5854 26, Chapter 20, Utah False Claims Act, Sections 26-20-1 through 26-20-12;
5855 (e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
5856 Offenses and Procedure Act;
5857 (f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
5858 Land Sales Practices Act;
5859 (g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
5860 Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
5861 Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
5862 Clandestine Drug Lab Act;
5863 (h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
5864 Securities Act;
5865 (i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
5866 Procurement Code;
5867 (j) assault or aggravated assault, Sections 76-5-102 and 76-5-103;
5868 (k) a threat of terrorism, Section 76-5-107.3;
5869 (l) a criminal homicide[
5870 described in Section 76-5-201;
5871 (m) kidnapping or aggravated kidnapping, Sections 76-5-301 and 76-5-302;
5872 (n) human trafficking, human trafficking of a child, human smuggling, or aggravated
5873 human trafficking, Sections 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-309, and
5874 76-5-310;
5875 (o) sexual exploitation of a minor, Section 76-5b-201;
5876 (p) arson or aggravated arson, Sections 76-6-102 and 76-6-103;
5877 (q) causing a catastrophe, Section 76-6-105;
5878 (r) burglary or aggravated burglary, Sections 76-6-202 and 76-6-203;
5879 (s) burglary of a vehicle, Section 76-6-204;
5880 (t) manufacture or possession of an instrument for burglary or theft, Section 76-6-205;
5881 (u) robbery or aggravated robbery, Sections 76-6-301 and 76-6-302;
5882 (v) theft, Section 76-6-404;
5883 (w) theft by deception, Section 76-6-405;
5884 (x) theft by extortion, Section 76-6-406;
5885 (y) receiving stolen property, Section 76-6-408;
5886 (z) theft of services, Section 76-6-409;
5887 (aa) forgery, Section 76-6-501;
5888 (bb) fraudulent use of a credit card, Sections 76-6-506.2, 76-6-506.3, 76-6-506.5, and
5889 76-6-506.6;
5890 (cc) deceptive business practices, Section 76-6-507;
5891 (dd) bribery or receiving bribe by person in the business of selection, appraisal, or
5892 criticism of goods, Section 76-6-508;
5893 (ee) bribery of a labor official, Section 76-6-509;
5894 (ff) defrauding creditors, Section 76-6-511;
5895 (gg) acceptance of deposit by insolvent financial institution, Section 76-6-512;
5896 (hh) unlawful dealing with property by fiduciary, Section 76-6-513;
5897 (ii) bribery or threat to influence contest, Section 76-6-514;
5898 (jj) making a false credit report, Section 76-6-517;
5899 (kk) criminal simulation, Section 76-6-518;
5900 (ll) criminal usury, Section 76-6-520;
5901 (mm) fraudulent insurance act, Section 76-6-521;
5902 (nn) retail theft, Section 76-6-602;
5903 (oo) computer crimes, Section 76-6-703;
5904 (pp) identity fraud, Section 76-6-1102;
5905 (qq) mortgage fraud, Section 76-6-1203;
5906 (rr) sale of a child, Section 76-7-203;
5907 (ss) bribery to influence official or political actions, Section 76-8-103;
5908 (tt) threats to influence official or political action, Section 76-8-104;
5909 (uu) receiving bribe or bribery by public servant, Section 76-8-105;
5910 (vv) receiving bribe or bribery for endorsement of person as public servant, Section
5911 76-8-106;
5912 (ww) official misconduct, Sections 76-8-201 and 76-8-202;
5913 (xx) obstruction of justice, Section 76-8-306;
5914 (yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 76-8-308;
5915 (zz) false or inconsistent material statements, Section 76-8-502;
5916 (aaa) false or inconsistent statements, Section 76-8-503;
5917 (bbb) written false statements, Section 76-8-504;
5918 (ccc) tampering with a witness or soliciting or receiving a bribe, Section 76-8-508;
5919 (ddd) retaliation against a witness, victim, or informant, Section 76-8-508.3;
5920 (eee) extortion or bribery to dismiss criminal proceeding, Section 76-8-509;
5921 (fff) tampering with evidence, Section 76-8-510.5;
5922 (ggg) falsification or alteration of government record, Section 76-8-511, if the record is
5923 a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
5924 Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
5925 Disclosure and Regulation Act;
5926 (hhh) public assistance fraud in violation of Section 76-8-1203, 76-8-1204, or
5927 76-8-1205;
5928 (iii) unemployment insurance fraud, Section 76-8-1301;
5929 (jjj) intentionally or knowingly causing one animal to fight with another, Subsection
5930 76-9-301(2)(d) or (e), or Section 76-9-301.1;
5931 (kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
5932 parts, Section 76-10-306;
5933 (lll) delivery to common carrier, mailing, or placement on premises of an incendiary
5934 device, Section 76-10-307;
5935 (mmm) possession of a deadly weapon with intent to assault, Section 76-10-507;
5936 (nnn) unlawful marking of pistol or revolver, Section 76-10-521;
5937 (ooo) alteration of number or mark on pistol or revolver, Section 76-10-522;
5938 (ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
5939 76-10-1002;
5940 (qqq) selling goods under counterfeited trademark, trade name, or trade devices,
5941 Section 76-10-1003;
5942 (rrr) sales in containers bearing registered trademark of substituted articles, Section
5943 76-10-1004;
5944 (sss) selling or dealing with article bearing registered trademark or service mark with
5945 intent to defraud, Section 76-10-1006;
5946 (ttt) gambling, Section 76-10-1102;
5947 (uuu) gambling fraud, Section 76-10-1103;
5948 (vvv) gambling promotion, Section 76-10-1104;
5949 (www) possessing a gambling device or record, Section 76-10-1105;
5950 (xxx) confidence game, Section 76-10-1109;
5951 (yyy) distributing pornographic material, Section 76-10-1204;
5952 (zzz) inducing acceptance of pornographic material, Section 76-10-1205;
5953 (aaaa) dealing in harmful material to a minor, Section 76-10-1206;
5954 (bbbb) distribution of pornographic films, Section 76-10-1222;
5955 (cccc) indecent public displays, Section 76-10-1228;
5956 (dddd) prostitution, Section 76-10-1302;
5957 (eeee) aiding prostitution, Section 76-10-1304;
5958 (ffff) exploiting prostitution, Section 76-10-1305;
5959 (gggg) aggravated exploitation of prostitution, Section 76-10-1306;
5960 (hhhh) communications fraud, Section 76-10-1801;
5961 (iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
5962 Currency Transaction Reporting Act;
5963 (jjjj) vehicle compartment for contraband, Section 76-10-2801;
5964 (kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
5965 this state; and
5966 (llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
5967 Sec. 1961(1)(B), (C), and (D).
5968 Section 127. Repealer.
5969 This bill repeals:
5970 Section 76-5-210, Targeting a law enforcement officer defined.
5971 Section 76-5-306, Lesser included offenses.
5972 Section 76-5-416, Indecent liberties -- Definition.
5973 Section 128. Coordinating S.B. 123 with H.B. 29 -- Technical amendment.
5974 If this S.B. 123 and H.B. 29, Driving Offenses Amendments, both pass and become
5975 law, it is the intent of the Legislature that this coordination clause supersede the coordination
5976 clause in H.B. 29 for Subsection 76-5-201(2) and that the Office of Legislative Research and
5977 General Counsel prepare the Utah Code database for publication by amending Subsection
5978 76-5-201(2) to read:
5979 "(2) The following are criminal homicide:
5980 (a) aggravated murder;
5981 (b) murder;
5982 (c) manslaughter;
5983 (d) child abuse homicide;
5984 (e) homicide by assault;
5985 (f) negligent homicide; and
5986 (g) negligently operating a vehicle resulting in death.".
5987 Section 129. Revisor instructions.
5988 The Legislature intends that the Office of Legislative Research and General Counsel, in
5989 preparing the Utah Code database for publication, not enroll this bill if S.B. 124, Criminal
5990 Code Recodification Cross References, does not pass.