S.B. 156 Protection Against Extortion Amendments
| Bill Sponsor:  Sen. Thatcher, Daniel W. | Floor Sponsor:  Rep. Whyte, Stephen L. |
- Substitute Sponsor: Sen. Thatcher, Daniel W.
- Drafting Attorney: Esther D. Chelsea-McCarty
- Fiscal Analyst: Gary R. Syphus
- Bill Tracking
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 22 Mar 2022, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 4 May 2022
- Session Law Chapter: 184
- Sections Affected
Enrolled
Printer FriendlyS.B. 156
1 PROTECTION AGAINST EXTORTION AMENDMENTS
22022 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Daniel W. Thatcher
5House 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)] Section 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
161offense described in Subsection (2), any of the following circumstances have been charged and
162admitted 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
165Section 76-1-601, or by violence, intimidation, menace, fraud, or threat of physical harm, or
166was committed during the course of a kidnapping;]
167 [(c) the individual caused bodily injury or severe psychological injury to the victim
168during 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
170purpose of committing the offense;]
171 [(e) the individual, before sentencing for the offense, was previously convicted of any
172sexual 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
175or sexual acts by the victim with any other individual, or sexual performance by the victim
176before any other individual, human trafficking, or human smuggling; or]
177 [(h) the individual caused the penetration, however slight, of the genital or anal
178opening 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."
2
3
4
5
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 [
39 extortion if the [
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 [
44 (i) to the victim's person, property, or reputation; or
45 (ii) to distribute an intimate image or video of the victim; [
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 [
56 [
57 felony.
58 [
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 [
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 [
73 victim during or as a result of the offense;
74 (d) the [
75 for the purpose of committing the offense;
76 (e) the [
77 of any sexual offense;
78 (f) the [
79 (g) the [
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 [
83 opening of the victim by any part or parts of the human body, or by any other object.
84 (5) An [
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 [
89 convicted of a separate criminal act if the [
90 while the [
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 [
102 [
103 [
104 [
105 76-5b-203.
106 [
107 [
108 [
109 [
110 [
111 in Section 76-5b-203.
112 [
113 76-5-111.
114 (b) Terms defined in Section 76-1-101.5 apply to this section.
115 (2) (a) An [
116 extortion if the [
117 [
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 [
121 [
122 [
123 [
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 [
128 [
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) [
151 (i) A violation of Subsection (2)(a) is a third degree felony.
152 [
153 victim is an adult is a second degree felony.
154 [
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 [
161
162
163 [
164 [
165
166
167 [
168
169 [
170
171 [
172
173 [
174 [
175
176
177 [
178
179 [
180 [
181 Subsection (2)(a); and
182 [
183 outlined Subsection (2)(a).
184 [
185 convicted of a separate criminal act if the [
186 while the individual violates or attempts to violate this section.
187 [
188 subject to liability under this section related to content provided by a user of the interactive
189 computer service."
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 2/1/2022 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 2/1/2022 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 2/2/2022 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
| 2/2/2022 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/3/2022 | Senate/ to standing committee | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/4/2022 | Senate/ received fiscal note from Fiscal Analyst | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/7/2022 | Senate Comm - Amendment Recommendation # 1 | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 5 0 2 |
| 2/7/2022 | Senate Comm - Favorable Recommendation | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | 5 0 2 |
| 2/8/2022 (11:16:53 AM) | Senate/ comm rpt/ amended | Senate Judiciary, Law Enforcement, and Criminal Justice Committee | |
| 2/8/2022 (11:16:54 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/14/2022 (10:51:22 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/14/2022 (10:51:32 AM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
| 2/14/2022 (11:11:59 AM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
| 2/14/2022 (11:14:24 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 23 0 6 |
| 2/15/2022 (10:45:47 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/15/2022 (10:46:24 AM) | Senate/ substituted from # 0 to # 1 | Senate 3rd Reading Calendar | Voice vote |
| 2/15/2022 (10:48:26 AM) | Senate/ passed 3rd reading | Clerk of the House | 25 0 4 |
| 2/15/2022 (10:48:27 AM) | Senate/ to House | Clerk of the House | |
| 2/15/2022 | House/ received from Senate | Clerk of the House | |
| 2/15/2022 | House/ 1st reading (Introduced) | House Rules Committee | |
| 2/16/2022 | LFA/ fiscal note publicly available | House Rules Committee | |
| 2/18/2022 | House/ to standing committee | House Judiciary Committee | |
| 2/23/2022 | House Comm - Favorable Recommendation | House Judiciary Committee | 10 0 2 |
| 2/23/2022 (2:10:10 PM) | House/ committee report favorable | House Judiciary Committee | |
| 2/23/2022 (2:10:11 PM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
| 2/24/2022 (11:21:34 AM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
| 2/24/2022 (11:28:17 AM) | House/ passed 3rd reading | House Speaker | 73 0 2 |
| 2/24/2022 (11:28:18 AM) | House/ signed by Speaker/ returned to Senate | Senate President | |
| 2/24/2022 (11:28:19 AM) | House/ to Senate | Senate President | |
| 2/24/2022 | Senate/ received from House | Senate President | |
| 2/24/2022 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/28/2022 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/28/2022 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/14/2022 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
| 3/14/2022 | Senate/ enrolled bill to Printing | Senate Secretary | |
| 3/15/2022 | Senate/ received enrolled bill from Printing | Senate Secretary | |
| 3/15/2022 | Senate/ to Governor | Executive Branch - Governor | |
| 3/22/2022 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 28 (2/14/2022) [SB156 Protection Against Extortion Amendments, Thatcher]
- Senate Floor Audio, Day 28 (2/14/2022) [SB156 Protection Against Extortion Amendments, Thatcher]
- Senate Floor Audio, Day 29 (2/15/2022) [SB156 Protection Against Extortion Amendments, Thatcher]
- Senate Floor Audio, Day 29 (2/15/2022) [1SB156 Protection Against Extortion Amendments, Thatcher]
- House Floor Audio, Day 37 (2/24/2022) [1SB156 Protection Against Extortion Amendments, Whyte]