1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill creates the offense of nonconsensual removal of a sexually protective device.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the criminal offense of nonconsensual removal of a sexually protective
14 device; and
15 ▸ imposes criminal penalties.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 76-5-417, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-5-417 is enacted to read:
26 76-5-417. Nonconsensual removal of sexually protective device.
27 (1) (a) As used in this section:
28 (i) "Sexually protective device" means a device intended to prevent pregnancy or
29 sexually transmitted infection.
30 (ii) "Sexually protective device" includes a male or female condom, spermicide,
31 diaphragm, cervical cap, contraceptive sponge, or dental dam.
32 (b) Terms defined in Section 76-1-101.5 apply to this section.
33 (2) An actor commits nonconsensual removal of a sexually protective device if the
34 actor, during consensual sexual activity with an individual, intentionally or knowingly removes
35 a sexually protective device without the consent of the individual.
36 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
37 A misdemeanor.
38 (b) A violation of Subsection (2) is a third degree felony if, as a result of the violation
39 of Subsection (2), the individual:
40 (i) becomes pregnant; or
41 (ii) contracts a sexually transmitted infection or disease.