This document includes House Committee Amendments incorporated into the bill on Thu, Jan 25, 2024 at 11:08 AM by housengrossing.
Representative Matthew H. Gwynn proposes the following substitute bill:


1     
CRIMINAL CODE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Matthew H. Gwynn

5     
Senate Sponsor: Keith Grover

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to criminal offenses in Title 76, Utah Criminal Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the penalty for attempted murder;
13          ▸     amends the crime of interference with a public servant;
14          ▸     makes it a crime for an individual occupying a position of special trust in a high
15     school to engage in certain sexual conduct with an adult high school student;
16          ▸     makes it a crime for an individual to remove the clothing of another individual
17     without the individual's consent in certain circumstances;
18          ▸     repeals Title 76, Chapter 8, Part 8, Sabotage Prevention; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a coordination clause.
24     Utah Code Sections Affected:
25     AMENDS:
26          76-4-102, as last amended by Laws of Utah 2013, Chapter 93
27          76-5-203, as last amended by Laws of Utah 2022, Chapter 181
28          76-8-301, as last amended by Laws of Utah 2020, Chapter 165
29     ENACTS:
30          76-5-417, Utah Code Annotated 1953
31          76-9-702.9, Utah Code Annotated 1953
32     REPEALS:
33          76-8-801, as enacted by Laws of Utah 1973, Chapter 196
34          76-8-802, as enacted by Laws of Utah 1973, Chapter 196
35          76-8-803, as enacted by Laws of Utah 1973, Chapter 196
36          76-8-804, as enacted by Laws of Utah 1973, Chapter 196
37          76-8-805, as enacted by Laws of Utah 1973, Chapter 196
38          76-8-806, as last amended by Laws of Utah 1997, Chapter 296
39          76-8-807, as enacted by Laws of Utah 1973, Chapter 196
40          76-8-808, as enacted by Laws of Utah 1973, Chapter 196
41          76-8-809, as last amended by Laws of Utah 2023, Chapter 435
42          76-8-810, as enacted by Laws of Utah 1973, Chapter 196
43          76-8-811, as last amended by Laws of Utah 1995, Chapter 20
44     Utah Code Sections Affected by Coordination Clause:
45          76-8-301, as last amended by Laws of Utah 2020, Chapter 165
46          76-8-301.2, Utah Code Annotated 1953
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 76-4-102 is amended to read:
50          76-4-102. Attempt -- Classification of offenses.
51          (1) [Criminal attempt] A violation of Section 76-4-101 where the actor attempts to
52     commit:
53          (a) (i) a capital felony, or a felony punishable by imprisonment for life without parole,
54     is a first degree felony;
55          (ii) except as provided in Subsection (2), [an attempt to commit] aggravated murder[,]
56     under Section 76-5-202, which results in serious bodily injury, is punishable by imprisonment
57     for an indeterminate term of not fewer than 15 years and which may be for life;
58          (b) except as provided in Subsection (1)(c) [or], (d), or (e), a first degree felony is a
59     second degree felony;
60          (c) murder under Subsection 76-5-203(2)(a) is a first degree felony punishable by
61     imprisonment for an indeterminate term of not fewer than five years and which may be for life;
62          [(c)] (d) [any of] one of the the following offenses is a first degree felony that is
63     punishable by imprisonment for an indeterminate term of not fewer than three years and which
64     may be for life:
65          [(i) murder, Subsection 76-5-203(2)(a);]
66          [(ii)] (i) child kidnapping[,] under Section 76-5-301.1; or
67          [(iii)] (ii) except as provided in Subsection [(1)(d), any of the felonies] (1)(e), a felony
68     described in Title 76, Chapter 5, Part 4, Sexual Offenses, that [are first degree felonies] is a
69     first degree felony;
70          [(d)] (e) except as provided in Subsection (3), [any] one of the following offenses is a
71     first degree felony[,] that is punishable by [a term of] imprisonment for an indeterminate term
72     of not [less] fewer than 15 years and which may be for life:
73          (i) rape of a child[,] under Section 76-5-402.1;
74          (ii) object rape of a child[,] under Section 76-5-402.3; or
75          (iii) sodomy on a child[,] under Section 76-5-403.1;
76          [(e)] (f) a second degree felony is a third degree felony;
77          [(f)] (g) a third degree felony is a class A misdemeanor;
78          [(g)] (h) a class A misdemeanor is a class B misdemeanor;
79          [(h)] (i) a class B misdemeanor is a class C misdemeanor; and
80          [(i)] (j) a class C misdemeanor is punishable by a penalty not exceeding one half the
81     penalty for a class C misdemeanor.
82          (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser
83     term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court
84     states the reasons for this finding on the record, the court may impose a term of imprisonment
85     of not less than:
86          (a) 10 years and which may be for life; or
87          (b) six years and which may be for life.
88          (3) If, when imposing a sentence under Subsection [(1)(d),] (1)(e), a court finds that a
89     lesser term than the term described in Subsection [(1)(d)] (1)(e) is in the interests of justice and
90     states the reasons for this finding on the record, the court may impose a term of imprisonment
91     of not less than:
92          (a) 10 years and which may be for life;
93          (b) six years and which may be for life; or
94          (c) three years and which may be for life.
95          Section 2. Section 76-5-203 is amended to read:
96          76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
97     Separate offenses.
98          (1) (a) As used in this section, "predicate offense" means:
99          (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
100          (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
101     individual is younger than 18 years old;
102          (iii) kidnapping under Section 76-5-301;
103          (iv) child kidnapping under Section 76-5-301.1;
104          (v) aggravated kidnapping under Section 76-5-302;
105          (vi) rape under Section 76-5-402;
106          (vii) rape of a child under Section 76-5-402.1;
107          (viii) object rape under Section 76-5-402.2;
108          (ix) object rape of a child under Section 76-5-402.3;
109          (x) forcible sodomy under Section 76-5-403;
110          (xi) sodomy upon a child under Section 76-5-403.1;
111          (xii) forcible sexual abuse under Section 76-5-404;
112          (xiii) sexual abuse of a child under Section 76-5-404.1;
113          (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
114          (xv) aggravated sexual assault under Section 76-5-405;
115          (xvi) arson under Section 76-6-102;
116          (xvii) aggravated arson under Section 76-6-103;
117          (xviii) burglary under Section 76-6-202;
118          (xix) aggravated burglary under Section 76-6-203;
119          (xx) robbery under Section 76-6-301;
120          (xxi) aggravated robbery under Section 76-6-302;
121          (xxii) escape or aggravated escape under Section 76-8-309; or
122          (xxiii) a felony violation of Section 76-10-508 or 76-10-508.1 regarding discharge of a
123     firearm or dangerous weapon.
124          (b) Terms defined in Section 76-1-101.5 apply to this section.
125          (2) An actor commits murder if:
126          (a) the actor intentionally or knowingly causes the death of another individual;
127          (b) intending to cause serious bodily injury to another individual, the actor commits an
128     act clearly dangerous to human life that causes the death of the other individual;
129          (c) acting under circumstances evidencing a depraved indifference to human life, the
130     actor knowingly engages in conduct that creates a grave risk of death to another individual and
131     thereby causes the death of the other individual;
132          (d) (i) the actor is engaged in the commission, attempted commission, or immediate
133     flight from the commission or attempted commission of any predicate offense, or is a party to
134     the predicate offense;
135          (ii) an individual other than a party described in Section 76-2-202 is killed in the
136     course of the commission, attempted commission, or immediate flight from the commission or
137     attempted commission of any predicate offense; and
138          (iii) the actor acted with the intent required as an element of the predicate offense;
139          (e) the actor recklessly causes the death of a peace officer or military service member
140     in uniform while in the commission or attempted commission of:
141          (i) an assault against a peace officer under Section 76-5-102.4;
142          (ii) interference with a peace officer while making a lawful arrest under Section
143     76-8-305 if the actor uses force against the peace officer; or
144          (iii) an assault against a military service member in uniform under Section 76-5-102.4;
145     or
146          (f) the actor commits a homicide that would be aggravated murder, but the offense is
147     reduced in accordance with Subsection 76-5-202(4).
148          (3) (a) (i) A violation of Subsection (2) is a first degree felony.
149          (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
150     indeterminate term of not less than 15 years and which may be for life.
151          (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
152     or alternatively, attempted murder, as described in this section are proved beyond a reasonable
153     doubt, and also finds that the existence of special mitigation is established by a preponderance
154     of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
155     conviction as follows:
156          (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
157     judgment of conviction for manslaughter; or
158          (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
159     notwithstanding Subsection 76-4-102(1)(b) or [76-4-102(1)(c)(i)] 76-4-102(1)(c), enter a
160     judgment of conviction for attempted manslaughter.
161          (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
162     defendant caused the death of another individual or attempted to cause the death of another
163     individual under a reasonable belief that the circumstances provided a legal justification or
164     excuse for the conduct although the conduct was not legally justifiable or excusable under the
165     existing circumstances.
166          (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
167     the viewpoint of a reasonable person under the then existing circumstances.
168          (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
169     or alternatively, attempted murder, as described in this section are proved beyond a reasonable
170     doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
171     beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
172          (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
173     judgment of conviction for manslaughter; or
174          (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
175     enter a judgment of conviction for attempted manslaughter.
176          (5) (a) Any predicate offense that constitutes a separate offense does not merge with
177     the crime of murder.
178          (b) An actor who is convicted of murder, based on a predicate offense that constitutes a
179     separate offense, may also be convicted of, and punished for, the separate offense.
180          Section 3. Section 76-5-417 is enacted to read:
181          76-5-417. Sexual relations with an adult high school student.
182          (1) (a) As used in this section:
183          (i) "Actor" means an individual who is 21 years old or older.
184          (ii) "Adult high school student" means an individual who is 18 to 21 years old and
185     enrolled at a high school.
186          (iii) "High school" means a district, charter, or private school that is comprised of
187     grade 9, 10, 11, or 12.
188          (iv) "Position of special trust" means the following positions in a high school:
189          (A) a teacher;
190          (B) an administrator;
191          (C) a coach;
192          (D) a counselor; or
193          (E) an individual other than an individual listed in Subsections (1)(a)(iii)(A) through
194     (1)(a)(iii)(D) who occupies a position of authority that enables the individual to exercise undue
195     influence over an adult high school student.
196          (v) "Sexual intercourse" means any penetration, however slight, of:
197          (A) the genitals or anus of an individual by another individual using any body part,
198     object, or substance; or
199          (B) the mouth of an individual by another individual's genitals.
200          (b) Terms defined in Section 76-1-101.5 apply to this section.
201          (2) An actor commits sexual relations with an adult high school student if the actor:
202          (a) (i) has sexual intercourse with an adult high school student; or
203          (ii) with the intent to cause substantial emotional or bodily pain to any individual or
204     with the intent to arouse or gratify the sexual desire of any individual:
205          (A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high
206     school student;
207          (B) touches the breast of a female adult high school student; or
208          (C) otherwise takes indecent liberties with an adult high school student;
209          (b) occupies a position of special trust in relation to the adult high school student
210     described in Subsection (2)(a); and
211          (c) knows or should have known that the individual with which the actor committed
212     the acts described in Subsection (2)(a) was an adult high school student.
213          (3) A violation of Subsection (2) is a third degree felony.
214          (4) Any touching, even if accomplished through clothing, is sufficient to constitute the
215     relevant element of a violation of Subsection (2)(a)(ii).
216          (5) Consent of an adult high school student to an act described in Subsection (2) is not
217     a defense to prosecution under this section.
218          Section 4. Section 76-8-301 is amended to read:
219          76-8-301. Interference with public servant.
220          (1) An individual is guilty of interference with a public servant if, under circumstances
221     not amounting to unlawful detention and unlawful detention of a minor as described in Section
222     76-5-304, the individual:
223          (a) uses force, violence, intimidation, or engages in any other unlawful act with a
224     purpose to interfere with a public servant performing or purporting to perform an official
225     function;
226          (b) obstructs, hinders, conceals, or prevents the lawful service of any legal process,
227     civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer,
228     private investigator, or any other person authorized to serve legal process; or
229          (c) on property that is owned, operated, or controlled by the state or a political
230     subdivision of the state, willfully denies to a public servant lawful:
231          (i) freedom of movement;
232          (ii) use of the property or facilities; or
233          (iii) entry into or exit from the facilities.
234          (2) Interference with a public servant:
235          (a) under Subsection (1)(a) or (b) is a class B misdemeanor; and
236          (b) under Subsection (1)(c) is a class C misdemeanor.
237          (3) For purposes of this section, "public servant" does not include jurors.
238          Section 5. Section 76-9-702.9 is enacted to read:
239          76-9-702.9. Indecent exposure of another individual.
240          (1) (a) As used in this section:
241          (i) "Health care professional" means the same as that term is defined in Section
242     53-3-207.
243          (ii) "First responder" means the same as that term is defined in Section 34A-2-102.
244          (b) Terms defined in Section 76-1-101.5 apply to this section.
245          (2) An actor commits indecent exposure of another individual if the actor exposes in a
246     public place, without the individual's consent, the individual's:
247          (a) undergarments intended to cover the individual's genitals, breasts if the individual is
248     female, buttocks, anus, or pubic area; or
249          (b) genitals, breast below the top of the areola if the individual is female, buttocks,
250     anus, or pubic area.
251          (3) (a) A violation of Subsection (2)(a) is a class Ĥ→ [B] C ←Ĥ misdemeanor.
252          (b) Ĥ→ [A] Except as provided in Subsection (3)(c), a ←Ĥ violation of Subsection (2)(b)
252a     is a class Ĥ→ [A] B ←Ĥ misdemeanor.
252b      Ĥ→ (c) A violation of Subsection (2)(b) is a class A misdemeanor if the actor committed the
252c     violation in the presence of an individual who is younger than 14 years old. ←Ĥ
253          (4) An actor under the age of 18 years old may not be referred to the juvenile court or
254     prosecuting attorney under this section unless the actor has previously received a written
255     warning from a law enforcement officer for conduct described in Subsection (2).
256          (5) This section does not apply to a first responder or health care professional who
257     removes the clothing of another individual during an emergency to provide medical care to that
258     individual resulting in the exposure of that individual described in Subsection (2).
259          Section 6. Repealer.
260          This bill repeals:
261          Section 76-8-801, Definitions.
262          Section 76-8-802, Destruction of property to interfere with preparation for defense
263     or war.
264          Section 76-8-803, Causing or omitting to note defects in articles used in
265     preparation for defense or war.
266          Section 76-8-804, Attempts to commit crimes of sabotage.
267          Section 76-8-805, Conspiracy to commit crimes of sabotage.
268          Section 76-8-806, Facts kept secret until complaint filed.
269          Section 76-8-807, Posting of signs at war or defense facilities -- Entering posted
270     premises without permission.
271          Section 76-8-808, Detention and arrest without warrant of unauthorized persons
272     on posted premises.
273          Section 76-8-809, Closing or restricting use of highways abutting defense or war
274     facilities -- Posting of notices.
275          Section 76-8-810, Violation of order relating to use of highways -- Classification of
276     offense.
277          Section 76-8-811, Bargaining rights of employees not impaired by sabotage
278     prevention laws.
279          Section 7. Effective date.
280          This bill takes effect on May 1, 2024.
281          Section 8. Coordinating H.B. 27 with H.B. 15.
282          If this H.B. 27, Criminal Code Amendments, and H.B. 15, Criminal Code
283     Recodification and Cross References, both pass and become law, it is the intent of the
284     Legislature that the Office of Legislative Research and General Counsel prepare the Utah Code
285     database for publication by:
286          (1) not making the changes in H.B. 27, Criminal Code Amendments, to Section
287     76-8-301; and
288          (2) amending Section 76-8-301.2 in H.B. 15, Criminal Code Recodification and Cross
289     References, to read:
290          "76-8-301.2. Denial of public servant's use of public property.
291          (1) (a) As used in this section, "public servant" does not include a juror.
292          (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
293          (2) An actor commits denial of public servant's use of public property if, under
294     circumstances not amounting to unlawful detention and unlawful detention of a minor as
295     described in Section 76-5-304, the actor, on property that is owned, operated, or controlled by
296     the state or a political subdivision of the state, willfully denies to a public servant lawful:
297          (a) freedom of movement;
298          (b) use of the property or facility; or
299          (c) entry into or exit from the facility.
300          (3) A violation of Subsection (2) is a class C misdemeanor.".