Representative Ryan D. Wilcox proposes the following substitute bill:


1     
CRIME PENALTY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Tyler Clancy

5     
Senate Sponsor: Stephanie Pitcher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies offenses and penalties.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the penalty for vandalism committed on public lands;
14          ▸     modifies the definition of voyeurism; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-6-107.5, as enacted by Laws of Utah 2019, Chapter 292
23          76-9-702.7, as last amended by Laws of Utah 2017, Chapter 364
24     

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 76-6-107.5 is amended to read:
27          76-6-107.5. Vandalism of public lands.
28          (1) As used in this section:
29          (a) "Etching" means defacing, damaging, or destroying a hard surface by using a
30     chemical, an abrasive object, a knife, or an engraving device.
31          (b) "Graffiti" means unauthorized printing, spraying, scratching, affixing, etching, or
32     inscribing on property owned by the state regardless of the content or the nature of the material
33     used in the commission of the act.
34          (c) "Public lands" means state or federally owned property that is held substantially in
35     its natural state, including canyons, parks owned or managed by the state, national parks, land
36     managed by the Bureau of Land Management, and other lands owned or maintained by a
37     government entity for outdoor recreational use.
38          (2) An individual is guilty of public lands vandalism if the individual creates, or assists
39     in creating, graffiti on any public lands or state-owned object permanently located on public
40     lands.
41          (3) An individual convicted under Subsection (2) is guilty of:
42          (a) a class B misdemeanor; or
43          (b) if the individual was previously convicted of violating this section, a class A
44     misdemeanor.
45          (4) If an individual is convicted of public lands vandalism, the court shall sentence the
46     individual to a term of community service as follows:
47          (a) for a first conviction, the court shall sentence the individual to 100 hours of
48     community service, to be completed within 90 days after the day on which the court issues the
49     order;
50          (b) for a second conviction, the court shall sentence the individual to 200 hours of
51     community service, to be completed within 180 days after the day on which the court issues the
52     order; or
53          (c) for a third or subsequent conviction, the court shall sentence the individual to 300
54     hours of community service, to be completed within 270 days after the day on which the court
55     issues the order.
56          (5) If an individual is enrolled in school or maintains full or part-time employment, the

57     ordered community service may not be scheduled at a time the individual is scheduled to be in
58     school or performing the individual's employment duties.
59          (6) A sentence of community service described in Subjection (4) shall, to the greatest
60     extent possible, be for the benefit of public lands.
61          (7) If an individual is convicted of public lands vandalism, the court may impose a fine
62     up to the full amount of the estimated cost to restore the damaged land, caused by the
63     individual, to the land's original state.
64          (8) An individual who voluntarily, at the individual's own expense, and with the
65     consent of the property owner, removes graffiti for which the individual is responsible shall be
66     credited for costs ordered by the court under Subsection (7).
67          Section 2. Section 76-9-702.7 is amended to read:
68          76-9-702.7. Voyeurism offenses -- Penalties.
69          (1) A person is guilty of voyeurism who intentionally uses any type of technology to
70     secretly or surreptitiously record, [video of a person] by video, photograph, or other means, an
71     individual:
72          (a) for the purpose of viewing any portion of the individual's body regarding which the
73     individual has a reasonable expectation of privacy, whether or not that portion of the body is
74     covered with clothing;
75          (b) without the knowledge or consent of the individual; and
76          (c) under circumstances in which the individual has a reasonable expectation of
77     privacy.
78          (2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of
79     Subsection (1) committed against a child under 14 years of age is a third degree felony.
80          (3) Distribution or sale of any images, including in print, electronic, magnetic, or
81     digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
82     third degree felony, except that if the violation of this Subsection (3) includes images of a child
83     under 14 years of age, the violation is a second degree felony.
84          (4) A person is guilty of voyeurism who, under circumstances not amounting to a
85     violation of Subsection (1), views or attempts to view an individual, with or without the use of
86     any instrumentality:
87          (a) with the intent of viewing any portion of the individual's body regarding which the

88     individual has a reasonable expectation of privacy, whether or not that portion of the body is
89     covered with clothing;
90          (b) without the knowledge or consent of the individual; and
91          (c) under circumstances in which the individual has a reasonable expectation of
92     privacy.
93          (5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of
94     Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.