Senator Daniel W. Thatcher proposes the following substitute bill:


1     
PROTECTION AGAINST EXTORTION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Stephen L. Whyte

6     

7     LONG TITLE
8     General Description:
9          This bill expands sexual extortion to include the extortion of items of value.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands sexual extortion to include extortion for money or other valuables.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          This bill provides a coordination clause.
17     Utah Code Sections Affected:
18     AMENDS:
19          76-5b-204, as enacted by Laws of Utah 2017, Chapter 434
20     Utah Code Sections Affected by Coordination Clause:
21          76-5b-204, as enacted by Laws of Utah 2017, Chapter 434
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 76-5b-204 is amended to read:
25          76-5b-204. Sexual extortion -- Penalties.
26          (1) As used in this section:
27          (a) "Adult" means an individual 18 years of age or older.
28          (b) "Child" means any individual under the age of 18.
29          (c) "Distribute" means the same as that term is defined in Section 76-5b-203.
30          (d) "Intimate image" means the same as that term is defined in Section 76-5b-203.
31          (e) "Position of special trust" means the same as that term is defined in Section
32     76-5-401.1.
33          (f) "Sexually explicit conduct" means the same as that term is defined in Subsection
34     76-5b-203(1)(c).
35          (g) "Simulated sexually explicit conduct" means the same as that term is defined in
36     Section 76-5b-203.
37          (h) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.
38          (2) An [individual who is 18 years old or older] actor commits the offense of sexual
39     extortion if the [individual] actor:
40          (a) with an intent to coerce a victim to engage in sexual contact, in sexually explicit
41     conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an
42     image, video, or other recording of any individual naked or engaged in sexually explicit
43     conduct, communicates [in person or by electronic] by any means, a threat:
44          (i) to the victim's person, property, or reputation; or
45          (ii) to distribute an intimate image or video of the victim; [or]
46          (b) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct,
47     or in simulated sexually explicit conduct, or to produce, provide, or distribute any image,
48     video, or other recording of any individual naked or engaged in sexually explicit conduct by
49     means of a threat:
50          (i) to the victim's person, property, or reputation; or
51          (ii) to distribute an intimate image or video of the victim; or
52          (c) with the intent to obtain a thing of value from a victim communicates, by any
53     means, a threat to distribute an intimate image or video of the victim.
54          (3) (a) If the actor is an adult:
55          [(3) (a)] (i) [Sexual] sexual extortion is a third degree felony.
56          [(b)] (ii) [Aggravated] aggravated sexual extortion of an adult is a second degree
57     felony.
58          [(c)] (iii) [Aggravated] aggravated sexual extortion of a child or a vulnerable adult is a
59     first degree felony.
60          (b) If the actor is a child:
61          (i) sexual extortion is a class A misdemeanor.
62          (ii) aggravated sexual extortion is a third degree felony.
63          (iii) aggravated sexual extortion of a victim under 14 years old is a second degree
64     felony.
65          (4) An [individual] actor commits aggravated sexual extortion when, in conjunction
66     with the offense described in Subsection (2), any of the following circumstances have been
67     charged and admitted or found true in the action for the offense:
68          (a) the victim is a child or vulnerable adult;
69          (b) the offense was committed by the use of a dangerous weapon, as defined in Section
70     76-1-601, or by violence, intimidation, menace, fraud, or threat of physical harm, or was
71     committed during the course of a kidnapping;
72          (c) the [individual] actor caused bodily injury or severe psychological injury to the
73     victim during or as a result of the offense;
74          (d) the [individual] actor was a stranger to the victim or became a friend of the victim
75     for the purpose of committing the offense;
76          (e) the [individual] actor, before sentencing for the offense, was previously convicted
77     of any sexual offense;
78          (f) the [individual] actor occupied a position of special trust in relation to the victim;
79          (g) the [individual] actor encouraged, aided, allowed, or benefitted from acts of
80     prostitution or sexual acts by the victim with any other individual, or sexual performance by the
81     victim before any other individual, human trafficking, or human smuggling; or
82          (h) the [individual] actor caused the penetration, however slight, of the genital or anal
83     opening of the victim by any part or parts of the human body, or by any other object.
84          (5) An [individual] actor commits a separate offense under this section:
85          (a) for each victim the individual subjects to the offense outlined in Subsection (2); and
86          (b) for each separate time the individual subjects a victim to the offense outlined
87     Subsection (2).
88          (6) This section does not preclude an [individual] actor from being charged and
89     convicted of a separate criminal act if the [individual] actor commits the separate criminal act
90     while the [individual] actor violates or attempts to violate this section.
91          (7) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
92     liability under this section related to content provided by a user of the interactive computer
93     service.
94          Section 2. Coordinating S.B. 156 with S.B. 123 -- Technical amendment.
95          If this S.B. 156 and S.B. 123, Criminal Code Recodification, both pass and become
96     law, it is the intent of the Legislature that the Office of Legislative Research and General
97     Counsel, when preparing the database for publication, merge Section 76-5b-204 to read as
98     follows:
99          " 76-5b-204. Sexual extortion -- Penalties.
100          (1) (a) As used in this section:
101          [(a)] (i) "Adult" means an individual 18 years of age or older.
102          [(b)] (ii) "Child" means any individual under the age of 18.
103          [(c)] (iii) "Distribute" means the same as that term is defined in Section 76-5b-203.
104          [(d)] (iv) "Intimate image" means the same as that term is defined in Section
105     76-5b-203.
106          [(e)] (v) "Position of special trust" means the same as that term is defined in Section
107     [76-5-401.1] 76-5-404.1.
108          [(f)] (vi) "Sexually explicit conduct" means the same as that term is defined in
109     [Subsection 76-5b-203(1)(c)] Subsection 76-5b-203.
110          [(g)] (vii) "Simulated sexually explicit conduct" means the same as that term is defined
111     in Section 76-5b-203.
112          [(h)] (viii) "Vulnerable adult" means the same as that term is defined in Section
113     76-5-111.
114          (b) Terms defined in Section 76-1-101.5 apply to this section.
115          (2) (a) An [individual who is 18 years old or older] actor commits the offense of sexual
116     extortion if the [individual] actor:
117          [(a)] (i) with an intent to coerce a victim to engage in sexual contact, in sexually
118     explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute
119     an image, video, or other recording of any individual naked or engaged in sexually explicit
120     conduct, communicates [in person or by electronic] by any means a threat:
121          [(i)] (A) to the victim's person, property, or reputation; or
122          [(ii)] (B) to distribute an intimate image or video of the victim; [or]
123          [(b)] (ii) knowingly causes a victim to engage in sexual contact, in sexually explicit
124     conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any
125     image, video, or other recording of any individual naked or engaged in sexually explicit
126     conduct by means of a threat:
127          [(i)] (A) to the victim's person, property, or reputation; or
128          [(ii)] (B) to distribute an intimate image or video of the victim[.]; or
129          (iii) with intent to obtain a thing of value from a victim communicates, by any means, a
130     threat to distribute an intimate image or video of the victim.
131          (b) An actor commits aggravated sexual extortion when, in conjunction with the
132     offense described in Subsection (2)(a), any of the following circumstances have been charged
133     and admitted or found true in the action for the offense:
134          (i) the victim is a child or vulnerable adult;
135          (ii) the offense was committed by the use of a dangerous weapon or by violence,
136     intimidation, menace, fraud, or threat of physical harm, or was committed during the course of
137     a kidnapping;
138          (iii) the actor caused bodily injury or severe psychological injury to the victim during
139     or as a result of the offense;
140          (iv) the actor was a stranger to the victim or became a friend of the victim for the
141     purpose of committing the offense;
142          (v) the actor, before sentencing for the offense, was previously convicted of any sexual
143     offense;
144          (vi) the actor occupied a position of special trust in relation to the victim;
145          (vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
146     sexual acts by the victim with any other individual, or sexual performance by the victim before
147     any other individual, human trafficking, or human smuggling; or
148          (viii) the actor caused the penetration, however slight, of the genital or anal opening of
149     the victim by any part or parts of the human body, or by any other object.
150          (3) (a) [Sexual extortion] If the actor is an adult:
151          (i) A violation of Subsection (2)(a) is a third degree felony.
152          [(b)] (ii) [Aggravated sexual extortion of] A violation of Subsection (2)(b) in which the
153     victim is an adult is a second degree felony.
154          [(c)] (iii) [Aggravated sexual extortion of] A violation of Subsection (2)(b) in which
155     the victim is a child or a vulnerable adult is a first degree felony.
156          (b) If the actor is a child:
157          (i) A violation of Subsection (2)(a) is a class A misdemeanor.
158          (ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a
159     two-year age gap between the actor and the victim.
160          [(4) An individual commits aggravated sexual extortion when, in conjunction with the
161     offense described in Subsection (2), any of the following circumstances have been charged and
162     admitted or found true in the action for the offense:]
163          [(a) the victim is a child or vulnerable adult;]
164          [(b) the offense was committed by the use of a dangerous weapon, as defined in
165     Section 76-1-601, or by violence, intimidation, menace, fraud, or threat of physical harm, or
166     was committed during the course of a kidnapping;]
167          [(c) the individual caused bodily injury or severe psychological injury to the victim
168     during or as a result of the offense;]
169          [(d) the individual was a stranger to the victim or became a friend of the victim for the
170     purpose of committing the offense;]
171          [(e) the individual, before sentencing for the offense, was previously convicted of any
172     sexual offense;]
173          [(f) the individual occupied a position of special trust in relation to the victim;]
174          [(g) the individual encouraged, aided, allowed, or benefitted from acts of prostitution
175     or sexual acts by the victim with any other individual, or sexual performance by the victim
176     before any other individual, human trafficking, or human smuggling; or]
177          [(h) the individual caused the penetration, however slight, of the genital or anal
178     opening of the victim by any part or parts of the human body, or by any other object.]
179          [(5)] (c) An [individual] actor commits a separate offense under this section:
180          [(a)] (i) for each victim the [individual] actor subjects to the offense outlined in
181     Subsection (2)(a); and
182          [(b)] (ii) for each separate time the [individual] actor subjects a victim to the offense
183     outlined Subsection (2)(a).
184          [(6)] (d) This section does not preclude an [individual] actor from being charged and
185     convicted of a separate criminal act if the [individual] actor commits the separate criminal act
186     while the individual violates or attempts to violate this section.
187          [(7)] (4) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not
188     subject to liability under this section related to content provided by a user of the interactive
189     computer service.