Sex, Kidnap, and Child Abuse Offender Registration Amendments

3
53-29-203
0
Sex, Kidnap, and Child Abuse Offender Registration Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: Ronald M. Winterton

Cosponsor:
Katy Hall
Stephen L. Whyte
Joseph Elison
Michael L. Kohler
Jake Fitisemanu
Raymond P. Ward
LONG TITLE
General Description:
This bill amends provisions related to registration on the Sex, Kidnap, and Child Abuse
Offender Registry.
Highlighted Provisions:
This bill:
clarifies that an individual who has committed an offense in another jurisdiction that
would require the individual to register on this state's Sex, Kidnap, and Child Abuse
Offender Registry is required to register in this state; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-29-203
, as enacted by Laws of Utah 2025, Chapter 291
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-29-203
is amended to read:
53-29-203
. Registration lengths -- 10 years -- Lifetime.
(1)
Except as provided in Subsection
(2)
(2)(a)
,
(3)
, or
(4)
, an individual who commits a
registrable offense is required to register on the registry for:
(a)
10 years after the day on which the offender's sentence for the offense has been
terminated if the registrable offense is for:
(i)
a felony or class A misdemeanor violation of enticing a minor under Section
76-5-417
, if the offender enticed the minor to engage in sexual activity that is one
of the offenses described in Subsections
(1)(a)(ii)
through
(xxiv)
;
(ii)
aggravated child abuse under Subsection
76-5-109.2(3)(a)
or
(b)
;
(iii)
child torture under Section
76-5-109.4
;
(iv)
kidnapping under Subsection
76-5-301(2)(c)
or
(d)
, if the offender was not the
natural parent of the child victim;
(v)
human trafficking for labor under Section
76-5-308
, if the offender was not the
natural parent of the child victim;
(vi)
human smuggling under Section
76-5-308.3
, if the offender was not the natural
parent of the child victim;
(vii)
human trafficking of a child for labor under Subsection
76-5-308.5(4)(a)
, if the
offender was not the natural parent of the child victim;
(viii)
aggravated human trafficking for labor under Section
76-5-310
, if the offender
was not the natural parent of the child victim;
(ix)
aggravated human smuggling under Section
76-5-310.1
;
(x)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(xi)
a felony violation of unlawful sexual activity with a minor under Section
76-5-401
;
(xii)
sexual abuse of a minor under Section
76-5-401.1
;
(xiii)
unlawful sexual conduct with a 16 or 17 year old under Section
76-5-401.2
;
(xiv)
forcible sexual abuse under Section
76-5-404
;
(xv)
custodial sexual relations under Section
76-5-412
;
(xvi)
sexual exploitation of a vulnerable adult under Section
76-5b-202
;
(xvii)
sexual extortion under Subsection
76-5b-204(2)(a)
;
(xviii)
incest under Section
76-7-102
;
(xix)
four to seven convictions of lewdness under Section
76-5-419
;
(xx)
four to seven convictions of sexual battery under Section
76-5-418
;
(xxi)
any combination of convictions of lewdness under Section
76-5-419
, and of
sexual battery under Section
76-5-418
, that total four to seven convictions;
(xxii)
lewdness involving a child under Section
76-5-420
;
(xxiii)
a felony or class A misdemeanor violation of:
(A)
voyeurism under Section
76-12-306
;
(B)
recorded or photographed voyeurism under Section
76-12-307
; or
(C)
distribution of images obtained through voyeurism under Section
76-12-308
;
(xxiv)
aggravated exploitation of prostitution under Section
76-5d-208
, committed on
or before May 9, 2011;
(xxv)
attempting, soliciting, or conspiring to commit an offense listed in
Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a
registrable offense; or
(xxvi)
attempting, soliciting, or conspiring to commit:
(A)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(B)
human trafficking for sexual exploitation under Section
76-5-308.1
, if the
offender was not the natural parent of the child victim;
(C)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(D)
aggravated human trafficking for sexual exploitation under Section
76-5-310
,
if the offender was not the natural parent of the child victim;
(E)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
, if the offender was not the natural parent of the child victim;
(F)
forcible sodomy under Section
76-5-403
;
(G)
sexual abuse of a child under Section
76-5-404.1
;
(H)
sexual exploitation of a minor under Section
76-5b-201
;
(I)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(J)
aggravated sexual extortion under Subsection
76-5b-204(2)(b)
; or
(K)
aggravated exploitation of prostitution under Section
76-5d-208
, on or after
May 10, 2011; or
(b)
the offender's lifetime if the registrable offense is:
(i)
a conviction for an offense described in Subsection
(1)(a)
, if the offender has, at
the time of conviction for the offense:
(A)
previously been convicted of an offense described in Subsection
(1)(a)
, or a
substantially equivalent offense in an external jurisdiction; or
(B)
previously been required to register as an offender for an offense described in
Subsection
(1)(a)
committed as a juvenile;
(ii)
a following offense, including attempting, soliciting, or conspiring to commit a
felony violation of:
(A)
child kidnapping under Section
76-5-301.1
, if the offender was not the natural
parent of the child victim;
(B)
rape under Section
76-5-402
;
(C)
rape of a child under Section
76-5-402.1
;
(D)
object rape under Section
76-5-402.2
;
(E)
object rape of a child under Section
76-5-402.3
;
(F)
sodomy on a child under Section
76-5-403.1
;
(G)
aggravated sexual abuse of a child under Section
76-5-404.3
; or
(H)
aggravated sexual assault under Section
76-5-405
;
(iii)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(iv)
human trafficking for sexual exploitation under Section
76-5-308.1
, if the
offender was not the natural parent of the child victim;
(v)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(vi)
aggravated human trafficking for sexual exploitation under Section
76-5-310
, if
the offender was not the natural parent of the child victim;
(vii)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
, if the offender was not the natural parent of the child victim;
(viii)
forcible sodomy under Section
76-5-403
;
(ix)
sexual abuse of a child under Section
76-5-404.1
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(xii)
aggravated sexual extortion under Subsection
76-5b-204(2)(b)
;
(xiii)
aggravated exploitation of prostitution under Section
76-5d-208
, on or after
May 10, 2011; or
(xiv)
a felony violation of enticing a minor under Section
76-5-417
, if the offender
enticed the minor to engage in sexual activity that is one of the offenses described
in Subsections
(1)(b)(ii)
through (xiii).
(2)
An individual who qualifies as an offender based on a conviction in an external
jurisdiction for a registrable offense
, or a substantially equivalent offense,
is required
to register:
(a)
and is on an external jurisdiction's sex, kidnap, and child abuse registry, or an
equivalent registry, is required to register on the registry
for the time period required
by the external jurisdiction
if the offender:
(i)
is on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse
registry, or an equivalent registry; or
(ii)
would otherwise be on the external jurisdiction's sex, kidnap, and child abuse
registry, or an equivalent registry, if the individual still resided in the external
jurisdiction; or
(b)
for the applicable time period required under Subsection
(1)
if the offender is not on,
or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry,
or an equivalent registry
.
(3)
(a)
If the sentencing court at any time after an offender is convicted of an offense
requiring lifetime registration described in Subsection
(1)(b)
, and after considering
the factors described in Subsection
(3)(b)
, determines that the offender was under 21
years old at the time the offense was committed and the offense did not involve force
or coercion, the requirement that the offender register for the offender's lifetime does
not apply and the offender shall register for 10 years after the day on which the
offender's sentence for the offense has been terminated.
(b)
In determining whether an offense committed by an offender involves force or
coercion under Subsection
(3)(a)
, the sentencing court shall consider:
(i)
the age of the victim;
(ii)
the vulnerability of the victim;
(iii)
the physical, mental, psychological, or emotional harm the victim suffered from
the offense;
(iv)
whether the offender used fraud or deception to commit the offense;
(v)
if any child sexual abuse material, as that term is defined in Section
76-5b-103
,
was:
(A)
distributed to the victim by the offender; or
(B)
distributed, produced, or possessed by the offender at the time of the offense,
that involved force or coercion against a victim depicted in the child sexual
abuse material; and
(vi)
any other factor the sentencing court determines is relevant.
(4)
Except for an individual who is adjudicated for a registrable offense and is an offender
who meets the requirements under Subsection
53-29-202(1)(f)
, an individual who is
under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
registration requirements under this chapter unless the offender:
(a)
is charged by criminal information in juvenile court under Section
80-6-503
;
(b)
is bound over to district court in accordance with Section
80-6-504
; and
(c)
is convicted of a registrable offense.
(5)
An offender subject to the 10-year or lifetime registration requirements under
Subsection
(1)
may petition the court for an order of removal from the registry in
accordance with Section
53-29-204
,
53-29-205
, or
53-29-206
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 1:39 PM