Representative Ken Ivory proposes the following substitute bill:


1     
SEXUAL ABUSE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses certain sexual crimes.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the crime of ritual abuse of a minor;
14          ▸     amends the crimes of rape of a child, object rape of a child, and sodomy on a child;
15          ▸     addresses civil statutes of limitation for certain sex crimes; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          76-1-301, as last amended by Laws of Utah 2022, Chapter 181
24          76-3-406, as last amended by Laws of Utah 2023, Chapter 184
25          76-5-402.1, as last amended by Laws of Utah 2022, Chapter 181
26          76-5-402.3, as last amended by Laws of Utah 2022, Chapter 181
27          76-5-403.1, as last amended by Laws of Utah 2022, Chapter 181
28          76-5-404.3, as enacted by Laws of Utah 2022, Chapter 181
29     ENACTS:
30          76-5-109.4, Utah Code Annotated 1953
31          78B-2-402, Utah Code Annotated 1953
32     RENUMBERS AND AMENDS:
33          78B-2-401, (Renumbered from 78B-2-119, as enacted by Laws of Utah 2022, Chapter
34     474)
35     REPEALS:
36          78B-2-308, as last amended by Laws of Utah 2022, Chapter 430
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 76-1-301 is amended to read:
40          76-1-301. Offenses for which prosecution may be commenced at any time.
41          (1) As used in this section:
42          (a) "Aggravating offense" means any offense incident to which a homicide was
43     committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b).
44          (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a
45     person other than a party as defined in Section 76-2-202 was killed in the course of the
46     commission, attempted commission, or immediate flight from the commission or attempted
47     commission of the offense.
48          (2) Notwithstanding any other provisions of this code, prosecution for the following
49     offenses may be commenced at any time:
50          (a) an offense classified as a capital felony as described in Section 76-3-103;
51          (b) ritual abuse of a minor as described in Section 76-5-109.4;
52          [(b)] (c) aggravated murder as described in Section 76-5-202;
53          [(c)] (d) murder as described in Section 76-5-203;
54          [(d)] (e) manslaughter as described in Section 76-5-205;
55          [(e)] (f) child abuse homicide as described in Section 76-5-208;
56          [(f)] (g) aggravated kidnapping as described in Section 76-5-302;
57          [(g)] (h) child kidnapping as described in Section 76-5-301.1;
58          [(h)] (i) rape as described in Section 76-5-402;
59          [(i)] (j) rape of a child as described in Section 76-5-402.1;
60          [(j)] (k) object rape as described in Section 76-5-402.2;
61          [(k)] (l) object rape of a child as described in Section 76-5-402.3;
62          [(l)] (m) forcible sodomy as described in Section 76-5-403;
63          [(m)] (n) sodomy on a child as described in Section 76-5-403.1;
64          [(n)] (o) sexual abuse of a child as described in Section 76-5-404.1;
65          [(o)] (p) aggravated sexual abuse of a child as described in Section 76-5-404.3;
66          [(p)] (q) aggravated sexual assault as described in Section 76-5-405;
67          [(q)] (r) any predicate offense to a murder or aggravating offense to an aggravated
68     murder;
69          [(r)] (s) aggravated human trafficking [or aggravated human smuggling in violation of]
70     as described in Section 76-5-310;
71          (t) aggravated human smuggling as described in Section 76-5-310.1;
72          [(s)] (u) aggravated exploitation of prostitution involving a child[, under] as described
73     in Section 76-10-1306; or
74          [(t)] (v) human trafficking of a child[, under] as described in Section 76-5-308.5.
75          Section 2. Section 76-3-406 is amended to read:
76          76-3-406. Crimes for which probation, suspension of sentence, lower category of
77     offense, or hospitalization may not be granted.
78          (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
79     Commitment and Treatment of Individuals with a Mental Condition, and except as provided in
80     Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), a court may not grant probation [may
81     not be granted], suspend the execution or imposition of a sentence [may not be suspended, the
82     court may not], enter a judgment for a lower category of offense, [and] or order hospitalization
83     [may not be ordered], if the effect of which would in any way shorten the prison sentence for
84     an [individual] actor who commits:
85          (a) a capital felony or a first degree felony involving:
86          [(a)] (i) [Section 76-5-202,] aggravated murder as described in Section 76-5-202;
87          [(b)] (ii) [Section 76-5-203,] murder as described in Section 76-5-203;
88          [(c)] (iii) [Section 76-5-301.1, child kidnaping] child kidnapping as described in
89     Section 76-5-301.1;
90          [(d)] (iv) [Section 76-5-302, aggravated kidnaping] aggravated kidnapping as described
91     in Subsection 76-5-302(3)(b);
92          [(e)] (v) [Section 76-5-402, rape, if the individual is sentenced under] rape as described
93     in Subsection 76-5-402(3)(b), (3)(c), or (4);
94          [(f)] (vi) [Section 76-5-402.1,] rape of a child as described in Section 76-5-402.1;
95          [(g)] (vii) [Section 76-5-402.2, object rape, if the individual is sentenced under] object
96     rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
97          [(h)] (viii) [Section 76-5-402.3,] object rape of a child as described in Section
98     76-5-402.3;
99          [(i)] (ix) [Section 76-5-403, forcible sodomy, if the individual is sentenced under]
100     forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
101          [(j)] (x) [Section 76-5-403.1,] sodomy on a child as described in Section 76-5-403.1;
102          [(k)] (xi) [Section 76-5-404, forcible sexual abuse, if the individual is sentenced under]
103     forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
104          [(l)] (xii) [Section 76-5-404.3,] aggravated sexual abuse of a child as described in
105     Section 76-5-404.3; or
106          [(m)] (xiii) [Section 76-5-405,] aggravated sexual assault[; or] as described in Section
107     76-5-405.
108          [(n)] (xiv) any attempt to commit a felony listed in Subsection [(1)(f), (h), or (j)]
109     (1)(a)(vi), (viii), or (x); or
110          (b) a second degree felony involving ritual abuse of a minor as described in Section
111     76-5-109.4.
112          (2) Except for an offense before the district court in accordance with Section 80-6-502
113     or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
114     [defendant] actor:
115          (a) was under 18 years old at the time of the offense; and
116          (b) could have been adjudicated in the juvenile court but for the delayed reporting or
117     delayed filing of the information.
118          Section 3. Section 76-5-109.4 is enacted to read:
119          76-5-109.4. Ritual abuse of a child.
120          (1) (a) As used in this section:
121          (i) "Child" means an individual who is younger than 18 years old.
122          (ii) "Organic substance or material" means:
123          (A) human bones, blood, or flesh; or
124          (B) human or animal vomit, saliva, urine, semen, fecal material, or other bodily
125     secretion.
126          (iii) "Ritual" means an event or act or a series of events or acts marked by specific
127     actions, gestures, or words, designed to commemorate, celebrate, or solemnize a particular
128     occasion or significance in a religious, cultural, social, institutional, or other context.
129          (b) Terms defined in Section 76-1-101.5 apply to this section.
130          (2) An actor commits ritual abuse of a child if the actor, as part of a ritual, intentionally
131     or knowingly:
132          (a) (i) causes a child to participate in or witness:
133          (A) the torture, mutilation, or sacrifice of an animal;
134          (B) the dissection, mutilation, or incineration of a human corpse;
135          (C) the causing of serious bodily injury to an individual;
136          (D) bestiality;
137          (E) sadistic or masochistic activities;
138          (F) the ingestion or external application of an organic substance or material; or
139          (G) an activity that would constitute a criminal offense;
140          (ii) causes a child to:
141          (A) enter a coffin or open grave containing a human corpse or remains;
142          (B) participate in a mock, unauthorized, or unlawful marriage ceremony as an
143     individual being married to another individual or a fictional representation; or
144          (C) ingest, inject, or otherwise intake a chemical compound, narcotic, drug,
145     hallucinogen, or anesthetic;
146          (iii) threatens a child, or the child's parents, family, pets, or friends with death, serious
147     bodily injury, or other criminal activity;
148          (iv) deprives a child of sleep, food, or water;
149          (v) binds or confines a child; or
150          (vi) otherwise acts to cause to arouse or gratify the sexual desire of any individual; and
151          (b) causes substantial psychological distress or bodily injury to a child through the
152     actions described in Subsection (2)(a).
153          (3) A violation of Subsection (2) is a second degree felony.
154          (4) An actor is not guilty of an offense under this section for conduct that constitutes:
155          (a) legitimate medical care and any related ritual to the legitimate medical care;
156          (b) reasonable discipline or management of a child, including withholding privileges;
157          (c) conduct described in Section 76-2-401; or
158          (d) the use of reasonable and necessary physical restraint or force on a child:
159          (i) in self-defense;
160          (ii) in defense of others;
161          (iii) to protect the child; or
162          (iv) to remove a weapon in the possession of a child for any of the reasons described in
163     Subsections (4)(d)(i) through (iii).
164          (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
165          Section 4. Section 76-5-402.1 is amended to read:
166          76-5-402.1. Rape of a child -- Penalties.
167          (1) (a) "Ritual" means the same as that term is defined in Section 76-5-109.4.
168          (b) Terms defined in Section 76-1-101.5 apply to this section.
169          (2) (a) An actor commits rape of a child if the actor has sexual intercourse with an
170     individual who is younger than 14 years old.
171          (b) Any touching, however slight, is sufficient to constitute the relevant element of a
172     violation of Subsection (2)(a).
173          (3) A violation of Subsection (2) is a first degree felony punishable by a term of
174     imprisonment of:
175          (a) except as provided in Subsections (3)(b) and (5), not less than 25 years and which
176     may be for life; or
177          (b) life without parole, if the trier of fact finds that:
178          (i) during the course of the commission of the rape of a child, the [defendant] actor
179     caused serious bodily injury to the victim;
180          (ii) the actor committed the rape of a child as part of a ritual or a training or practice to
181     perform a ritual; or
182          [(ii)] (iii) at the time of the commission of the rape of a child the [defendant] actor was
183     previously convicted of a grievous sexual offense.
184          (4) Subsection (3)(b) does not apply if the [defendant] actor was younger than 18 years
185     old at the time of the offense.
186          (5) (a) When imposing a sentence under Subsections (3)(a) and (5)(b), a court may
187     impose a term of imprisonment under Subsection (5)(b) if:
188          (i) it is a first time offense for the [defendant] actor under this section;
189          (ii) the [defendant] actor was younger than 21 years old at the time of the offense; and
190          (iii) the court finds that a lesser term than the term described in Subsection (3)(a) is in
191     the interests of justice under the facts and circumstances of the case, including the age of the
192     victim, and states the reasons for this finding on the record.
193          (b) If the conditions of Subsection (5)(a) are met, the court may impose a term of
194     imprisonment of not less than:
195          (i) 15 years and which may be for life;
196          (ii) 10 years and which may be for life; or
197          (iii) six years and which may be for life.
198          (6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
199          Section 5. Section 76-5-402.3 is amended to read:
200          76-5-402.3. Object rape of a child -- Penalty.
201          (1) (a) "Ritual" means the same as that term is defined in Section 76-5-109.4.
202          (b) Terms defined in Section 76-1-101.5 apply to this section.
203          (2) (a) An actor commits object rape of a child if:
204          (i) the actor causes the penetration or touching, however slight, of the genital or anal
205     opening of the individual by, except as provided in Subsection (2)(b):
206          (A) a foreign object;
207          (B) a substance;
208          (C) an instrument; or
209          (D) a device;
210          (ii) the actor:
211          (A) intends to cause substantial emotional or bodily pain to the individual; or
212          (B) intends to arouse or gratify the sexual desire of any individual; and
213          (iii) the individual described in Subsection (2)(a)(i) is younger than 14 years old.
214          (b) Subsection (2)(a) does not include penetration or touching by a part of the human
215     body.
216          (3) (a) A violation of Subsection (2) is a first degree felony punishable by a term of
217     imprisonment of:
218          (i) except as provided in Subsections (3)(a)(ii) and (4), not less than 25 years and
219     which may be for life; or
220          (ii) life without parole, if the trier of fact finds that:
221          (A) during the course of the commission of the object rape of a child the [defendant]
222     actor caused serious bodily injury to the victim;
223          (B) the actor committed the object rape of a child as part of a ritual or a training or
224     practice to perform a ritual; or
225          [(B)] (C) at the time of the commission of the object rape of a child the [defendant]
226     actor was previously convicted of a grievous sexual offense.
227          (b) Subsection (3)(a)(ii) does not apply if the [defendant] actor was younger than 18
228     years old at the time of the offense.
229          (4) (a) When imposing a sentence under Subsections (3)(a)(i) and (4)(b), a court may
230     impose a term of imprisonment under Subsection (4)(b) if:
231          (i) it is a first time offense for the [defendant] actor under this section;
232          (ii) the [defendant] actor was younger than 21 years old at the time of the offense; and
233          (iii) the court finds that a lesser term than the term described in Subsection (3)(a)(i) is
234     in the interests of justice under the facts and circumstances of the case, including the age of the
235     victim, and states the reasons for this finding on the record.
236          (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of
237     imprisonment of not less than:
238          (i) 15 years and which may be for life;
239          (ii) 10 years and which may be for life; or
240          (iii) six years and which may be for life.
241          (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
242          Section 6. Section 76-5-403.1 is amended to read:
243          76-5-403.1. Sodomy on a child -- Penalties.
244          (1) (a) "Ritual" means the same as that term is defined in Section 76-5-109.4.
245          (b) Terms defined in Section 76-1-101.5 apply to this section.
246          (2) (a) An actor commits sodomy on a child if:
247          (i) the actor engages in any sexual act upon or with another individual;
248          (ii) the individual is younger than 14 years old; and
249          (iii) the sexual act involves the genitals or anus of the actor or the individual and the
250     mouth or anus of either the actor or individual.
251          (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
252     relevant element of a violation of Subsection (2)(a).
253          (3) A violation of Subsection (2)(a) is a first degree felony punishable by a term of
254     imprisonment of:
255          (a) except as provided in Subsections (3)(b) and (5), not less than 25 years and which
256     may be for life; or
257          (b) life without parole, if the trier of fact finds that:
258          (i) during the course of the commission of the sodomy on a child the [defendant] actor
259     caused serious bodily injury to the victim;
260          (ii) the actor committed the act as part of a ritual or a training or practice to perform a
261     ritual; or
262          [(ii)] (iii) at the time of the commission of the sodomy on a child, the [defendant] actor
263     was previously convicted of a grievous sexual offense.
264          (4) Subsection (3)(b) does not apply if the [defendant] actor was younger than 18 years
265     old at the time of the offense.
266          (5) (a) When imposing a sentence under Subsections (3)(a) and (5)(b), a court may
267     impose a term of imprisonment under Subsection (5)(b) if:
268          (i) it is a first time offense for the [defendant] actor under this section;
269          (ii) the [defendant] actor was younger than 21 years old at the time of the offense; and
270          (iii) the court finds that a lesser term than the term described in Subsection (3)(a) is in
271     the interests of justice under the facts and circumstances of the case, including the age of the
272     victim, and states the reasons for this finding on the record.
273          (b) If the conditions of Subsection (5)(a) are met, the court may impose a term of
274     imprisonment of not less than:
275          (i) 15 years and which may be for life;
276          (ii) 10 years and which may be for life; or
277          (iii) six years and which may be for life.
278          (6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
279          Section 7. Section 76-5-404.3 is amended to read:
280          76-5-404.3. Aggravated sexual abuse of a child -- Penalties.
281          (1) (a) As used in this section:
282          (i) "Adult" means the same as that term is defined in Section 76-5-404.1.
283          (ii) "Child" means the same as that term is defined in Section 76-5-404.1.
284          (iii) "Position of special trust" means the same as that term is defined in Section
285     76-5-404.1.
286          (iv) "Ritual" means the same as that term is defined in Section 76-5-109.4.
287          (b) Terms defined in Section 76-1-101.5 apply to this section.
288          (2) (a) An actor commits aggravated sexual abuse of a child if, in conjunction with the
289     offense described in Subsection 76-5-404.1(2)(a), any of the following circumstances have
290     been charged and admitted or found true in the action for the offense:
291          (i) the actor committed the offense:
292          (A) by the use of a dangerous weapon;
293          (B) by force, duress, violence, intimidation, coercion, menace, or threat of harm; or
294          (C) during the course of a kidnaping;
295          (ii) the actor caused bodily injury or severe psychological injury to the child during or
296     as a result of the offense;
297          (iii) the actor was a stranger to the child or made friends with the child for the purpose
298     of committing the offense;
299          (iv) the actor used, showed, or displayed pornography or caused the child to be
300     photographed in a lewd condition during the course of the offense;
301          (v) the actor, prior to sentencing for this offense, was previously convicted of any
302     sexual offense;
303          (vi) the actor committed the same or similar sexual act upon two or more individuals at
304     the same time or during the same course of conduct;
305          (vii) the actor committed, in Utah or elsewhere, more than five separate acts, which if
306     committed in Utah would constitute an offense described in this chapter, and were committed
307     at the same time, or during the same course of conduct, or before or after the instant offense;
308          (viii) the actor occupied a position of special trust in relation to the child;
309          (ix) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
310     sexual acts by the child with any other individual, sexual performance by the child before any
311     other individual, human trafficking, or human smuggling;
312          (x) the actor committed the act as part of a ritual or of a training or practice to perform
313     a ritual; or
314          [(x)] (xi) the actor caused the penetration, however slight, of the genital or anal
315     opening of the child by any part or parts of the human body other than the genitals or mouth.
316          (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
317     relevant element of a violation of Subsection (2)(a).
318          (3) Except as provided in Subsection (6), a violation of Subsection (2) is a first degree
319     felony punishable by a term of imprisonment of:
320          (a) except as provided in Subsection (3)(b), (3)(c), or (4), not less than 15 years and
321     which may be for life;
322          (b) except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact
323     finds that during the course of the commission of the aggravated sexual abuse of a child the
324     [defendant] actor caused serious bodily injury to another; or
325          (c) life without parole, if the trier of fact finds that at the time of the commission of the
326     aggravated sexual abuse of a child, the [defendant] actor was previously convicted of a
327     grievous sexual offense.
328          (4) If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a
329     lesser term than the term described in Subsection (3)(a) or (b) is in the interests of justice and
330     states the reasons for this finding on the record, the court may impose a term of imprisonment
331     of not less than:
332          (a) for purposes of Subsection (3)(b), 15 years and which may be for life; or
333          (b) for purposes of Subsection (3)(a) or (b):
334          (i) 10 years and which may be for life; or
335          (ii) six years and which may be for life.
336          (5) The provisions of Subsection (4) do not apply if [a defendant] an actor is sentenced
337     under Subsection (3)(c).
338          (6) Subsection (3)(b) or (3)(c) does not apply if the [defendant] actor was younger than
339     18 years old at the time of the offense.
340          (7) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
341          Section 8. Section 78B-2-401, which is renumbered from Section 78B-2-119 is
342     renumbered and amended to read:
343     
Part 4. Civil Actions Arising Out of Criminal Conduct

344          [78B-2-119].      78B-2-401. Statute of limitations for civil actions after
345     criminal proceeding.
346          (1) As used in this section:
347          (a) "Cause of action" means [any] a civil claim that a victim [could] may bring against
348     a defendant for criminal conduct committed against the victim.
349          (b) "Criminal conduct" means [any] an act that is charged as a felony under:
350          (i) Title 76, Chapter 5, Offenses Against the Individual, except for conduct described in
351     Subsection 78B-2-402(1)(f); or
352          (ii) Title 76, Chapter 4, Inchoate Offenses, that is directly related to prohibited conduct
353     under Title 76, Chapter 5, Offenses Against the Individual, except for conduct described in
354     Subsection 78B-2-402(1)(f).
355          (c) "Victim" means an individual directly harmed by criminal conduct or the
356     individual's representative.
357          (2) (a) Notwithstanding any statute of limitations, a victim may bring a cause of action
358     arising out of criminal conduct if:
359          (i) the defendant to the cause of action was charged by a criminal complaint,
360     indictment, or information for that criminal conduct;
361          (ii) the cause of action is brought within one year [from] after the day on which a final
362     disposition for the criminal proceeding is issued;
363          (iii) the cause of action is brought to address any harm resulting from the criminal
364     conduct that was at issue in the criminal proceeding described in Subsection (2)(a)(ii); and
365          (iv) the applicable statute of limitations that would apply to the conduct at issue in the
366     cause of action did not expire before May 4, 2022.
367          (b) A defendant does not need to be convicted of the criminal conduct for an individual
368     to bring a cause of action under Subsection (2)(a).
369          (3) Subsection (2)(a) does not:
370          (a) shorten an applicable statute of limitations or an applicable tolling provision;
371          (b) toll or extend an applicable statute of limitations for an action that is brought
372     against an employer or former employer of a defendant described in Subsection (2)(a)(i); or
373          (c) require an insurer to defend or indemnify a defendant for a cause of action that
374     would otherwise be barred if not for Subsection (2)(a).
375          Section 9. Section 78B-2-402 is enacted to read:
376          78B-2-402. Statute of limitations for civil actions arising out of sexual abuse.
377          (1) As used in this section:
378          (a) "Cause of action" means a civil claim that a victim may bring against an individual
379     for sexual abuse committed against the victim.
380          (b) "Child" means an individual who is under 18 years old.
381          (c) "Discovers" means when an individual knows or should know that sexual abuse
382     occurred.
383          (d) (i) "Negligent sexual abuse" means when an individual fails to prevent the sexual
384     abuse of a child from occurring, or to report the sexual abuse of a child, when the individual
385     discovers the sexual abuse.
386          (ii) "Negligent sexual abuse" does not include the non reporting of sexual abuse of a
387     child by a member of the clergy or an attorney who is acting in accordance with Subsection
388     80-2-602(3).
389          (e) "Perpetrator" means an individual who commits sexual abuse.
390          (f) "Sexual abuse" means:
391          (i) rape under Section 76-5-402;
392          (ii) rape of a child under Section 76-5-402.1;
393          (iii) object rape under Section 76-5-402.2;
394          (iv) object rape of a child under Section 76-5-402.3;
395          (v) forcible sodomy under Section 76-5-403;
396          (vi) sodomy on a child under Section 76-5-403.1;
397          (vii) sexual abuse of a child under Section 76-5-404.1;
398          (viii) aggravated sexual abuse of a child under Section 76-5-404.3; or
399          (ix) aggravated sexual assault under Section 76-5-405.
400          (g) (i) "Victim" means an individual against whom sexual abuse is committed or
401     allegedly committed.
402          (ii) "Victim" does not include an individual whose claims are derived through another
403     individual against whom sexual abuse is committed or allegedly committed.
404          (2) (a) Notwithstanding other provisions of this code, a victim has a right of action at
405     any time against:
406          (i) a perpetrator of sexual abuse committed or allegedly committed against the victim;
407     or
408          (ii) an individual who would be criminally responsible under Section 76-2-202 for
409     sexual abuse committed or allegedly committed against the victim.
410          (b) A victim may only bring an action described in Subsection (2)(a) against an
411     individual for negligent sexual abuse within the later of four years after the day on which:
412          (i) the victim turns 18 years old; or
413          (ii) the victim discovers the sexual abuse.
414          (3) A victim may bring an action described in Subsection (2) regardless of whether
415     criminal charges are filed or the perpetrator is convicted of sexual abuse.
416          (4) For purposes of establishing the discovery of sexual abuse under Subsection
417     (2)(b)(ii):
418          (a) if there is more than one alleged act of sexual abuse in an action, the date of
419     discovery is computed from the day on which the victim discovers the last alleged act of sexual
420     abuse by the perpetrator; and
421          (b) the discovery by a parent or guardian of sexual abuse may not be imputed to a
422     victim who is a child at the time of the sexual abuse.
423          (5) (a) This section extends the statute of limitations for an action described in
424     Subsection (2) that is not time barred on or before May 1, 2024.
425          (b) This section does not revive an action that is time barred on or before May 1, 2024.
426          Section 10. Repealer.
427          This bill repeals:
428          Section 78B-2-308, Legislative findings -- Civil actions for sexual abuse of a child --
429     Window for revival of time barred claims.
430          Section 11. Effective date.
431          This bill takes effect on May 1, 2024.