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7 LONG TITLE
8 General Description:
9 This bill makes changes to what qualifies as sexual abuse of a child.
10 Highlighted Provisions:
11 This bill:
12 ▸ adds forcibly kissing a child to the list of actions that may qualify as sexual abuse of
13 a child; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-5-404.1, as last amended by Laws of Utah 2022, Chapter 181
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-5-404.1 is amended to read:
25 76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
26 (1) (a) As used in this section:
27 (i) "Adult" means an individual 18 years old or older.
28 (ii) "Child" means an individual younger than 14 years old.
29 (iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
30 (iv) "Position of special trust" means:
31 (A) an adoptive parent;
32 (B) an athletic manager who is an adult;
33 (C) an aunt;
34 (D) a babysitter;
35 (E) a coach;
36 (F) a cohabitant of a parent if the cohabitant is an adult;
37 (G) a counselor;
38 (H) a doctor or physician;
39 (I) an employer;
40 (J) a foster parent;
41 (K) a grandparent;
42 (L) a legal guardian;
43 (M) a natural parent;
44 (N) a recreational leader who is an adult;
45 (O) a religious leader;
46 (P) a sibling or a stepsibling who is an adult;
47 (Q) a scout leader who is an adult;
48 (R) a stepparent;
49 (S) a teacher or any other individual employed by or volunteering at a public or private
50 elementary school or secondary school, and who is 18 years old or older;
51 (T) an instructor, professor, or teaching assistant at a public or private institution of
52 higher education;
53 (U) an uncle;
54 (V) a youth leader who is an adult; or
55 (W) any individual in a position of authority, other than those individuals listed in
56 Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue
57 influence over the child.
58 (b) Terms defined in Section 76-1-101.5 apply to this section.
59 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
60 actor commits sexual abuse of a child if the actor:
61 (i) (A) touches the anus, buttocks, pubic area, or genitalia of any child;
62 (B) touches the breast of a female child;
63 (C) forcibly kisses a child; or
64 [
65 (ii) the actor's conduct is with intent to:
66 (A) cause substantial emotional or bodily pain to any individual; or
67 (B) to arouse or gratify the sexual desire of any individual.
68 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
69 relevant element of a violation of Subsection (2)(a).
70 (3) A violation of Subsection (2) is a second degree felony.
71 (4) The offenses referred to in Subsection (2)(a) are:
72 (a) rape of a child, in violation of Section 76-5-402.1;
73 (b) object rape of a child, in violation of Section 76-5-402.3;
74 (c) sodomy on a child, in violation of Section 76-5-403.1; or
75 (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
76 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.