1     
SEXUAL OFFENSES AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Hawkins

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     Committee Note:
9          The Judiciary Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     0 voting against     3 absent
11     General Description:
12          This bill addresses certain sexual crimes committed against children.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     clarifies the conduct required for an actor to be guilty of:
17               •     rape of a child;
18               •     object rape of a child; and
19               •     aggravated sexual abuse of a child; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          76-5-402.1, as last amended by Laws of Utah 2022, Chapter 181
28          76-5-402.3, as last amended by Laws of Utah 2022, Chapter 181
29          76-5-404.3, as enacted by Laws of Utah 2022, Chapter 181
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 76-5-402.1 is amended to read:
33          76-5-402.1. Rape of a child -- Penalties.
34          (1) (a) As used in this section:
35          (i) "Child" means an individual who is younger than 14 years old.
36          (ii) "Sexual intercourse" means:
37          (A) any touching skin-to-skin, however slight, of an individual's genitals to another
38     individual's genitals; or
39          (B) any penetration, however slight, of an individual's genitals by another individual's
40     genitals, whether over or under the clothing.
41          (iii) "Simulated intercourse" means rubbing or otherwise stimulating or attempting to
42     stimulate an individual's genitals or pubic area by another individual's genitals or pubic area
43     whether over or under the clothing.
44          (b) Terms defined in Section 76-1-101.5 apply to this section.
45          (2) [(a)] An actor commits rape of a child if the actor:
46          (a) has sexual intercourse with [an individual who is younger than 14 years old] a
47     child; or
48          (b) intentionally engages in simulated intercourse with a child.
49          [(b) Any touching, however slight, is sufficient to constitute the relevant element of a
50     violation of Subsection (2)(a).]
51          (3) A violation of Subsection (2) is a first degree felony punishable by a term of
52     imprisonment of:
53          (a) except as provided in Subsections (3)(b) and (5), not less than 25 years and which
54     may be for life; or
55          (b) life without parole, if the trier of fact finds that:
56          (i) during the course of the commission of the rape of a child, the defendant caused
57     serious bodily injury to the victim; or
58          (ii) at the time of the commission of the rape of a child the defendant was previously
59     convicted of a grievous sexual offense.
60          (4) Subsection (3)(b) does not apply if the defendant was younger than 18 years old at
61     the time of the offense.
62          (5) (a) When imposing a sentence under Subsections (3)(a) and (5)(b), a court may
63     impose a term of imprisonment under Subsection (5)(b) if:
64          (i) it is a first time offense for the defendant under this section;
65          (ii) the defendant was younger than 21 years old at the time of the offense; and
66          (iii) the court finds that a lesser term than the term described in Subsection (3)(a) is in
67     the interests of justice under the facts and circumstances of the case, including the age of the
68     victim, and states the reasons for this finding on the record.
69          (b) If the conditions of Subsection (5)(a) are met, the court may impose a term of
70     imprisonment of not less than:
71          (i) 15 years and which may be for life;
72          (ii) 10 years and which may be for life; or
73          (iii) six years and which may be for life.
74          (6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
75          Section 2. Section 76-5-402.3 is amended to read:
76          76-5-402.3. Object rape of a child -- Penalty.
77          (1) (a) As used in this section:
78          (i) "Child" means an individual who is younger than 14 years old.
79          (ii) (A) "Masturbatory contact" means the stimulation or attempted stimulation of an
80     individual's genitals or pubic area by another individual.
81          (B) "Masturbatory contact" does not include sexual intercourse as that term is defined
82     in Section 76-5-402.1.
83          (b) Terms defined in Section 76-1-101.5 apply to this section.
84          (2) [(a)] An actor commits object rape of a child if:
85          [(i)] (a) (i) the actor causes the penetration [or touching], however slight, whether over
86     or under the clothing, of the genital or anal opening of [the individual by, except as provided in
87     Subsection (2)(b)] a child by:
88          (A) a foreign object;
89          (B) a substance;
90          (C) an instrument; [or]
91          (D) a device; or
92          (E) a part of the human body other than the mouth or genitals;
93          (ii) the actor causes the touching, however slight, of the skin of the genital or anal
94     opening of a child by:
95          (A) a foreign object;
96          (B) a substance;
97          (C) an instrument; or
98          (D) a device; or
99          (iii) the actor causes the masturbatory contact over or under the clothing of the genital
100     or anal opening of a child by:
101          (A) a foreign object;
102          (B) a substance;
103          (C) an instrument;
104          (D) a device; or
105          (E) a part of the human body other than the mouth or genitals; and
106          [(ii)] (b) the actor:
107          [(A)] (i) intends to cause substantial emotional or bodily pain to the [individual] child;
108     or
109          [(B)] (ii) intends to arouse or gratify the sexual desire of any individual[; and].
110          [(iii) the individual described in Subsection (2)(a)(i) is younger than 14 years old.]
111          [(b) Subsection (2)(a) does not include penetration or touching by a part of the human
112     body.]
113          (3) (a) A violation of Subsection (2) is a first degree felony punishable by a term of
114     imprisonment of:
115          (i) except as provided in Subsections (3)(a)(ii) and (4), not less than 25 years and
116     which may be for life; or
117          (ii) life without parole, if the trier of fact finds that:
118          (A) during the course of the commission of the object rape of a child the defendant
119     caused serious bodily injury to the victim; or
120          (B) at the time of the commission of the object rape of a child the defendant was
121     previously convicted of a grievous sexual offense.
122          (b) Subsection (3)(a)(ii) does not apply if the defendant was younger than 18 years old
123     at the time of the offense.
124          (4) (a) When imposing a sentence under Subsections (3)(a)(i) and (4)(b), a court may
125     impose a term of imprisonment under Subsection (4)(b) if:
126          (i) it is a first time offense for the defendant under this section;
127          (ii) the defendant was younger than 21 years old at the time of the offense; and
128          (iii) the court finds that a lesser term than the term described in Subsection (3)(a)(i) is
129     in the interests of justice under the facts and circumstances of the case, including the age of the
130     victim, and states the reasons for this finding on the record.
131          (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of
132     imprisonment of not less than:
133          (i) 15 years and which may be for life;
134          (ii) 10 years and which may be for life; or
135          (iii) six years and which may be for life.
136          (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
137          Section 3. Section 76-5-404.3 is amended to read:
138          76-5-404.3. Aggravated sexual abuse of a child -- Penalties.
139          (1) (a) As used in this section:
140          (i) "Adult" means the same as that term is defined in Section 76-5-404.1.
141          (ii) "Child" means the same as that term is defined in Section 76-5-404.1.
142          (iii) "Position of special trust" means the same as that term is defined in Section
143     76-5-404.1.
144          (b) Terms defined in Section 76-1-101.5 apply to this section.
145          (2) (a) An actor commits aggravated sexual abuse of a child if, in conjunction with the
146     offense described in Subsection 76-5-404.1(2)(a), any of the following circumstances have
147     been charged and admitted or found true in the action for the offense:
148          (i) the actor committed the offense:
149          (A) by the use of a dangerous weapon;
150          (B) by force, duress, violence, intimidation, coercion, menace, or threat of harm; or
151          (C) during the course of a kidnaping;
152          (ii) the actor caused bodily injury or severe psychological injury to the child during or
153     as a result of the offense;
154          (iii) the actor was a stranger to the child or made friends with the child for the purpose
155     of committing the offense;
156          (iv) the actor used, showed, or displayed pornography or caused the child to be
157     photographed in a lewd condition during the course of the offense;
158          (v) the actor, prior to sentencing for this offense, was previously convicted of any
159     sexual offense;
160          (vi) the actor committed the same or similar sexual act upon two or more individuals at
161     the same time or during the same course of conduct;
162          (vii) the actor committed, in Utah or elsewhere, more than five separate acts, which if
163     committed in Utah would constitute an offense described in this chapter, and were committed
164     at the same time, or during the same course of conduct, or before or after the instant offense;
165          (viii) the actor occupied a position of special trust in relation to the child; or
166          (ix) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
167     sexual acts by the child with any other individual, sexual performance by the child before any
168     other individual, human trafficking, or human smuggling[; or].
169          [(x) the actor caused the penetration, however slight, of the genital or anal opening of
170     the child by any part or parts of the human body other than the genitals or mouth.]
171          (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
172     relevant element of a violation of Subsection (2)(a).
173          (3) Except as provided in Subsection (6), a violation of Subsection (2) is a first degree
174     felony punishable by a term of imprisonment of:
175          (a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and
176     which may be for life;
177          (b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact
178     finds that during the course of the commission of the aggravated sexual abuse of a child the
179     defendant caused serious bodily injury to another; or
180          (c) life without parole, if the trier of fact finds that at the time of the commission of the
181     aggravated sexual abuse of a child, the defendant was previously convicted of a grievous
182     sexual offense.
183          (4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a
184     lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and
185     states the reasons for this finding on the record, the court may impose a term of imprisonment
186     of not less than:
187          (a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
188          (b) for purposes of Subsection (3)(a) or (b):
189          (i) 10 years and which may be for life; or
190          (ii) six years and which may be for life.
191          (5) The provisions of Subsection (4) do not apply if a defendant is sentenced under
192     Subsection (3)(c).
193          (6) Subsection (3)(b) or (3)(c) does not apply if the defendant was younger than 18
194     years old at the time of the offense.
195          (7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
196          Section 4. Effective date.
197          This bill takes effect on May 1, 2024.