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7 LONG TITLE
8 General Description:
9 This bill concerns unlawful kissing of a child or minor.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that a mistake as to the victim's age is not a defense to the offense of:
14 • unlawfully kissing a child; or
15 • unlawfully kissing a minor;
16 ▸ creates the offenses of unlawfully kissing a child and unlawfully kissing a minor;
17 ▸ establishes criminal penalties; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-2-304.5, as last amended by Laws of Utah 2022, Chapter 181
26 76-10-1303, as last amended by Laws of Utah 2022, Chapter 124
27 ENACTS:
28 76-5-416.2, Utah Code Annotated 1953
29 76-5-416.4, Utah Code Annotated 1953
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 76-2-304.5 is amended to read:
33 76-2-304.5. Mistake as to victim's age not a defense.
34 (1) It is not a defense to the [
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39 actor mistakenly believed the victim to be 14 years old or older at the time of the alleged
40 offense or was unaware of the victim's true age[
41 (a) child kidnapping, Section 76-5-301.1;
42 (b) rape of a child, Section 76-5-402.1;
43 (c) object rape of a child, Section 76-5-402.3;
44 (d) sodomy on a child, Section 76-5-403.1;
45 (e) sexual abuse of a child, Section 76-5-404.1;
46 (f) aggravated sexual abuse of a child, Section 76-5-404.3;
47 (g) unlawful kissing of a child, Section 76-5-416.2; or
48 (h) an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).
49 (2) It is not a defense to the [
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52 victim to be 16 years old or older at the time of the alleged offense or was unaware of the
53 victim's true age[
54 (a) unlawful sexual activity with a minor, Section 76-5-401;
55 (b) sexual abuse of a minor, Section 76-5-401.1; or
56 (c) an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).
57 (3) It is not a defense to the [
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60 mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or
61 was unaware of the victim's true age[
62 (a) human trafficking of a child, Section 76-5-308.5;
63 (b) aggravated human trafficking, Section 76-5-310;
64 (c) aggravated human smuggling, Section 76-5-310.1;
65 (d) unlawful sexual conduct with a minor, Subsection 76-5-401.2(2)(a)(ii);
66 (e) unlawful kissing of a minor, Section 76-5-416.4;
67 (f) patronizing a prostitute, Section 76-10-1303;
68 (g) aggravated exploitation of prostitution, Section 76-10-1306; or
69 (h) sexual solicitation, Section 76-10-1313.
70 [
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79 Section 2. Section 76-5-416.2 is enacted to read:
80 76-5-416.2. Unlawful kissing of a child.
81 (1) (a) As used in this section, "child" means an individual who is under 14 years old.
82 (b) Terms defined in Section 76-1-101.5 apply to this section.
83 (2) An actor commits unlawful kissing of a child if the actor:
84 (a) is 18 years old or older; and
85 (b) intentionally or knowingly:
86 (i) kisses a child on the child's mouth; and
87 (ii) penetrates the minor's mouth with the actor's tongue.
88 (3) A violation of Subsection (2) is a class A misdemeanor.
89 (4) Any penetration, however slight, of the mouth of the child by the actor's tongue is
90 sufficient to constitute a violation of this section.
91 Section 3. Section 76-5-416.4 is enacted to read:
92 76-5-416.4. Unlawful kissing of a minor.
93 (1) (a) As used in this section, "minor" means an individual who is 14 years old or
94 older but younger than 18 years old.
95 (b) Terms defined in Section 76-1-101.5 apply to this section.
96 (2) An actor commits unlawful kissing of a minor if the actor:
97 (a) intentionally or knowingly:
98 (i) kisses a minor on the minor's mouth; and
99 (ii) penetrates the minor's mouth with the actor's tongue; and
100 (b) is older than the minor by 10 years or more.
101 (3) A violation of Subsection (2) is a class A misdemeanor.
102 (4) Any penetration, however slight, of the mouth of the minor by the actor's tongue is
103 sufficient to constitute a violation of this section.
104 Section 4. Section 76-10-1303 is amended to read:
105 76-10-1303. Patronizing a prostitute.
106 (1) An actor is guilty of patronizing a prostitute if the actor:
107 (a) pays or offers or agrees to pay a prostituted individual, or an individual the actor
108 believes to be a prostituted individual, a fee, or the functional equivalent of a fee, for the
109 purpose of engaging in an act of sexual activity; or
110 (b) enters or remains in a place of prostitution for the purpose of engaging in sexual
111 activity.
112 (2) Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection
113 (3), (4), or (5) or Section 76-10-1309.
114 (3) A violation of this section that is preceded by a conviction under this section or a
115 conviction under a local ordinance adopted under Section 76-10-1307 is a class A
116 misdemeanor.
117 (4) A third violation of this section or a local ordinance adopted under Section
118 76-10-1307 is a third degree felony.
119 (5) (a) Except as provided in Subsection (5)(d), if the patronizing of a prostitute under
120 Subsection (1)(a) involves a child as the other individual, a violation of Subsection (1)(a) is a
121 second degree felony.
122 (b) In accordance with [
123 defense to a prosecution under Subsection (5)(a) that the actor mistakenly believed the
124 individual to be 18 years old or older at the time of the offense or was unaware of the
125 individual's true age.
126 (c) An actor's belief that the individual was under 18 years old at the time of the
127 offense, even if the individual was 18 years old or older, is a violation of Subsection (5)(a).
128 (d) If the act committed under Subsection (5)(a) amounts to an offense that is subject to
129 a greater penalty under another provision of state law than is provided under Subsection (5)(a),
130 this Subsection (5) does not prohibit prosecution and sentencing for the more serious offense.
131 (6) Upon a conviction for a violation of this section, the court shall order:
132 (a) the maximum fine amount and may not waive or suspend the fine; and
133 (b) the defendant to pay for and complete a court-approved educational program about
134 the negative effects on an individual involved with prostitution or human trafficking.
135 Section 5. Effective date.
136 This bill takes effect on May 1, 2024.