Representative Colin W. Jack proposes the following substitute bill:


1     
LEWDNESS INVOLVING A CHILD AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Colin W. Jack

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill concerns the offense of lewdness involving a child.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the offense of lewdness involving a child; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a coordination clause.
18     Utah Code Sections Affected:
19     AMENDS:
20          76-9-702.5, as last amended by Laws of Utah 2022, Chapter 185
21     Utah Code Sections Affected By Coordination Clause:
22          76-9-702.5, as last amended by Laws of Utah 2022, Chapter 185
23     

24     Be it enacted by the Legislature of the state of Utah:
25     The following section is affected by a coordination clause at the end of this bill.
26          Section 1. Section 76-9-702.5 is amended to read:
27          76-9-702.5. Lewdness involving a child.
28          (1) As used in this section, "in the presence of" includes within visual contact through
29     an electronic device.
30          (2) [A person is guilty of] An actor commits lewdness involving a child if:
31          (a) the [person] actor, under circumstances not amounting to rape of a child, object
32     rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a
33     child, or an attempt to commit any of those offenses, intentionally or knowingly[: (a)] does any
34     of the following in the presence of a child who is under 14 years [of age] old:
35          (i) performs an act of sexual intercourse or sodomy;
36          (ii) exposes [his or her] the actor's genitals, [the] female breast below the top of the
37     areola, [the] buttocks, [the] anus, or [the] pubic area:
38          (A) in a public place; or
39          (B) in a private place under circumstances the [person] actor should know will likely
40     cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the
41     child; or
42          (iii) masturbates; [or]
43          [(iv) performs any other act of lewdness; or]
44          (b) the actor is 18 years old or older and, under circumstances not amounting to rape of
45     a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual
46     abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly
47     does any of the following in the presence of a child who is under 14 years old with the intent to
48     cause affront or alarm to the child or with the intent to arouse or gratify the sexual desire of the
49     actor or the child:
50          (i) simulates masturbation;
51          (ii) performs an act of simulated intercourse or sodomy;
52          (iii) displays the actor's male genitals or prosthetic male genitals in a discernibly turgid
53     state, even if completely and opaquely covered;
54          (iv) engages in erotic touching of the actor's nude breast, regardless of the actor's sex or
55     how the breast was developed or created; or
56          (v) involves a child in an act that would lead a reasonable person to conclude that the
57     child is engaging in an act of:
58          (A) simulated intercourse or sodomy; or
59          (B) simulated masturbation;
60          [(b)] (c) the actor, under circumstances not amounting to sexual exploitation of a child
61     under Section 76-5b-201 or aggravated sexual exploitation of a child under Section
62     76-5b-201.1, intentionally or knowingly causes a child under [the age of] 14 years old to
63     expose [his or her] the child's genitals, anus, or breast, if female, to the actor, with the intent to
64     arouse or gratify the sexual desire of the actor or the child; or
65          (d) the actor performs any other act of lewdness.
66          (3) (a) [Lewdness involving a child is a class A misdemeanor, except under Subsection
67     (3)(b)] Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A
68     misdemeanor.
69          (b) [Lewdness involving a child is a third degree felony if at the time of the violation:]
70     A violation of Subsection (2) is a third degree felony if at the time of the violation, the actor:
71          (i) [the person] is a sex offender as defined in Section 77-27-21.7; or
72          (ii) [the person has] previously has been convicted of a violation of this section.
73          Section 2. Effective date.
74          This bill takes effect on May 1, 2024.
75          Section 3. Coordinating H.B. 424 with H.B. 257.
76          If H.B. 424, Lewdness Involving a Child Amendments, and H.B. 257, Sex-based
77     Designations for Privacy, Anti-bullying, and Women's Opportunities, both pass and become
78     law, the Legislature intends that, on May 1, 2024, Subsection 76-9-702.5(3) be amended to
79     read:
80          "(3)(a) [Lewdness involving a child is a class A misdemeanor, except under Subsection
81     (3)(b)] Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A
82     misdemeanor.
83          (b) [Lewdness involving a child is a third degree felony if at the time of the violation:]
84     A violation of Subsection (2) is a third degree felony if, at the time of the violation, the actor:
85          (i) [the person] is a sex offender as defined in Section 77-27-21.7; [or]
86          [(ii) the person has] (ii) previously has been convicted of a violation of this section[.];
87          (iii) commits the violation of Subsection (2) while also committing the offense of:
88          (A) criminal trespass in a sex-designated changing room under Subsection
89     76-6-206(2)(d);
90          (B) lewdness under Section 76-9-702;
91          (C) voyeurism under Section 76-9-702.7; or
92          (D) loitering in a privacy space under Section 76-9-702.8; or
93          (iv) commits the violation of Subsection (2) in a sex-designated privacy space, as
94     defined in Section 76-9-702.8, that is not designated for individuals of the actor's sex.".