Coercion Amendments

46
53-10-115
53-29-202
53-29-203
53-29-205
53G-9-207
76-1-301
76-3-406.5
76-5-205
76-5-211
76-5b-204
76-5b-204.1
76-17-401
77-22-2.5
77-23a-8
77-36-1
80-6-712
80-6-804
53-10-115
53-29-202
53-29-203
53-29-205
53G-9-207
76-1-301
76-3-406.5
76-5-205
76-5-211
76-5b-204
76-5b-204.1
76-17-401
77-22-2.5
77-23a-8
77-36-1
80-6-712
80-6-804
0
Coercion Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses criminal offenses related to coercive conduct.
Highlighted Provisions:
This bill:
creates the criminal offense of aiding or encouraging suicide that:
contains current language regarding aiding suicide moved from the criminal offense of
manslaughter; and
adds new elements of encouraging suicide in certain circumstances that can be charged
criminally;
separates the criminal offenses of sexual extortion and aggravated sexual extortion into
two separate offenses;
adds additional elements to the criminal offense of sexual extortion;
adds the criminal offenses of sexual extortion and aggravated sexual extortion to the list
of offenses that are eligible to be considered a domestic violence offense;
requires a mandatory fine for certain convictions of:
aiding or encouraging suicide;
sexual extortion; and
aggravated sexual extortion; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-115
, as enacted by Laws of Utah 2018, Chapter 169
53-29-202
, as enacted by Laws of Utah 2025, Chapter 291
53-29-203
, as enacted by Laws of Utah 2025, Chapter 291
53-29-205
, as enacted by Laws of Utah 2025, Chapter 291
53G-9-207
, as last amended by Laws of Utah 2025, Chapter 388
76-1-301
, as last amended by Laws of Utah 2025, Chapters 173, 174
76-3-406.5
, as last amended by Laws of Utah 2008, Chapter 3
76-5-205
, as last amended by Laws of Utah 2024, Chapter 364
76-5b-204
, as last amended by Laws of Utah 2025, Chapter 178
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-22-2.5
, as last amended by Laws of Utah 2025, Chapter 173
77-23a-8
, as last amended by Laws of Utah 2025, Chapters 173, 174
77-36-1
, as last amended by Laws of Utah 2025, Chapters 173, 208 and 277
80-6-712
, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-804
, as last amended by Laws of Utah 2025, Chapters 173, 208
ENACTS:
76-5-211
, Utah Code Annotated 1953
76-5b-204.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-10-115
is amended to read:
53-10-115
. Cold case database.
(1)
As used in this section, "cold case" means an investigation into any crime listed in
Subsections
76-1-301(2)(a)
through
(g)
(h)
, or regarding a missing person, that remains
unsolved at least three years after the crime occurred or the individual went missing.
(2)
The division shall develop a secure database within the Utah Criminal Justice
Information System that contains information related to each cold case that is open in
any jurisdiction in the state.
(3)
The division shall adopt rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to specify:
(a)
the information to be collected and maintained in the database; and
(b)
what information may be accessed by the public.
(4)
Each law enforcement agency in the state shall provide the information required by the
division for inclusion in the database for each open investigation. The law enforcement
agency shall maintain the physical evidence and investigation file for each case unless
otherwise agreed to by the law enforcement agency and the division.
(5)
The division shall maintain the information on a cold case indefinitely.
Section 2. Section
53-29-202
is amended to read:
53-29-202
. Registrable offenses -- Status as a sex offender, kidnap offender, and
child abuse offender established.
(1)
An individual is an offender described in Subsection
(2)
and subject to the requirements,
restrictions, and penalties described in this chapter if the individual:
(a)
has been convicted in this state of:
(i)
aggravated child abuse under Subsection
76-5-109.2(3)(a)
or
(b)
;
(ii)
child torture under Section
76-5-109.4
;
(iii)
a felony or class A misdemeanor violation of enticing a minor under Section
76-5-417
;
(iv)
sexual exploitation of a vulnerable adult under Section
76-5b-202
;
(v)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(vi)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
;
(vii)
aggravated human trafficking for sexual exploitation under Section
76-5-310
;
(viii)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
;
(ix)
unlawful sexual activity with a minor under Section
76-5-401
, except as provided
in Subsection
76-5-401(3)(b)
or
(c)
;
(x)
sexual abuse of a minor under Section
76-5-401.1
, on the individual's first offense
unless the individual was younger than 21 years old at the time of the offense then
on the individual's second offense;
(xi)
unlawful sexual conduct with a 16 or 17 year old under Section
76-5-401.2
;
(xii)
rape under Section
76-5-402
;
(xiii)
rape of a child under Section
76-5-402.1
;
(xiv)
object rape under Section
76-5-402.2
;
(xv)
object rape of a child under Section
76-5-402.3
;
(xvi)
a felony violation of forcible sodomy under Section
76-5-403
;
(xvii)
sodomy on a child under Section
76-5-403.1
;
(xviii)
forcible sexual abuse under Section
76-5-404
;
(xix)
sexual abuse of a child under Section
76-5-404.1
;
(xx)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(xxi)
aggravated sexual assault under Section
76-5-405
;
(xxii)
custodial sexual relations under Section
76-5-412
, if the victim in custody is
younger than 18 years old and the offense is committed on or after May 10, 2011;
(xxiii)
sexual exploitation of a minor under Section
76-5b-201
;
(xxiv)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(xxv)
sexual extortion
or aggravated sexual extortion
under Section
76-5b-204
;
(xxvi)
aggravated sexual extortion under Section
76-5b-204.1
;
(xxvi)
(xxvii)
incest under Section
76-7-102
;
(xxvii)
(xxviii)
lewdness under Section
76-5-419
, if the individual has been
convicted of the offense four or more times;
(xxviii)
(xxix)
sexual battery under Section
76-5-418
, if the individual has been
convicted of the offense four or more times;
(xxix)
(xxx)
any combination of convictions of lewdness under Section
76-5-419
,
and of sexual battery under Section
76-5-418
, that total four or more convictions;
(xxx)
(xxxi)
lewdness involving a child under Section
76-5-420
;
(xxxi)
(xxxii)
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
;
(xxxii)
(xxxiii)
aggravated exploitation of prostitution under Section
76-5d-208
;
(xxxiii)
(xxxiv)
kidnapping under Subsection
76-5-301(2)(c)
or
(d)
, if the offender
was not the natural parent of the child victim;
(xxxiv)
(xxxv)
child kidnapping under Section
76-5-301.1
, if the offender was not
the natural parent of the child victim;
(xxxv)
(xxxvi)
aggravated kidnapping under Section
76-5-302
, if the offender was
not the natural parent of the child victim;
(xxxvi)
(xxxvii)
human trafficking for labor under Section
76-5-308
, if the offender
was not the natural parent of the child victim;
(xxxvii)
(xxxviii)
human smuggling under Section
76-5-308.3
, if the offender was
not the natural parent of the child victim;
(xxxviii)
(xxxix)
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;
(xxxix)
(xl)
aggravated human trafficking for labor under Section
76-5-310
, if the
offender was not the natural parent of the child victim;
(xl)
(xli)
aggravated human smuggling under Section
76-5-310.1
, if the offender
was not the natural parent of the child victim;
(xli)
(xlii)
human trafficking of a vulnerable adult for labor under Section
76-5-311
,
if the offender was not the natural parent of the child victim; or
(xlii)
(xliii)
attempting, soliciting, or conspiring to commit a felony violation of an
offense listed in Subsections
(1)(a)(i)
through
(xl)
(xlii)
;
(b)
(i)
has been convicted of a criminal offense, or an attempt, solicitation, or
conspiracy to commit a criminal offense in an external jurisdiction that is
substantially equivalent to the offense listed in Subsection
(1)(a)
; and
(ii)
(A)
is a Utah resident; or
(B)
is not a Utah resident and is in this state for a total of 10 days in a 12-month
period, regardless of whether the individual intends to permanently reside in
this state;
(c)
(i)
(A)
is required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection
(1)(a)
or a
substantially equivalent offense;
(B)
is ordered by a court to register on a registry for individuals who have
committed an offense listed in Subsection
(1)(a)
or a substantially equivalent
offense; or
(C)
would be required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection
(1)(a)
, or a
substantially equivalent offense, if residing in the external jurisdiction of the
conviction regardless of the date of the conviction or a previous registration
requirement; and
(ii)
is in this state for a total of 10 days in a 12-month period, regardless of whether
the individual intends to permanently reside in this state;
(d)
(i)
(A)
is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
is convicted of an offense listed in Subsection
(1)(a)
or a substantially
equivalent offense in an external jurisdiction; or
(B)
is required to register on a sex, kidnap, and child abuse registry, or an
equivalent registry, in the individual's state of residence based on a conviction
for an offense that is not substantially equivalent to an offense listed in
Subsection
(1)(a)
;
(e)
is found not guilty by reason of insanity in this state or in an external jurisdiction of
an offense listed in Subsection
(1)(a)
or a substantially equivalent offense; or
(f)
(i)
is adjudicated under Section
80-6-701
for one or more offenses listed in
Subsection
(1)(a)
; and
(ii)
has been committed to the division for secure care, as defined in Section
80-1-102
,
for that offense if:
(A)
the individual remains in the division's custody until 30 days before the
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual
under Section
80-6-605
and the individual remains in the division's custody
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the
department before expiration of the division's jurisdiction over the individual.
(2)
Subject to Subsection
(3)
, an individual is:
(a)
a child abuse offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described
in Subsection
(1)(a)(i)
through
(ii)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsection
(1)(a)(i)
through
(ii)
or a substantially equivalent offense;
(b)
a sex offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described
in Subsections
(1)(a)(iii)
through
(xxxii)
(xxxiii)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(iii)
through
(xxxii)
(xxxiii)
or a substantially
equivalent offense; or
(c)
a kidnap offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described
in Subsections
(1)(a)(xxxiii)
(1)(a)(xxxiv)
through
(xli)
(xlii)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(xxxiii)
(1)(a)(xxxiv)
through
(xli)
(xlii)
or a
substantially equivalent offense.
(3)
An individual who has committed a registrable offense described in Subsection
(1)(d)(ii)(B)
in an external jurisdiction that is not substantially equivalent to an offense
described in Subsection
(1)(a)
and is required to register on a sex, kidnap, and child
abuse registry, or an equivalent registry, in the individual's state of residence is a child
abuse offender, sex offender, or kidnap offender based on the individual's status on the
registry in the individual's state of residence.
(4)
Notwithstanding Subsection
53-29-101(4)(a)
, a plea of guilty or nolo contendere to a
charge of sexual battery or lewdness that is held in abeyance under Title
77, Chapter 2a
,
Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
Section 3. Section
53-29-203
is amended to read:
53-29-203
. Registration lengths -- 10 years -- Lifetime.
(1)
Except as provided in Subsection
(2)
, (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)
Section
76-5b-204
;
(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)
Section
76-5b-204.1
; 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)
Section
76-5b-204.1
;
(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, 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.
(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 4. Section
53-29-205
is amended to read:
53-29-205
. Ten-year petition for removal from registry -- Eligibility.
(1)
An offender who is required to register on the registry for a registrable offense
described in Subsection
(3)
subject to a 10-year registration period as described in
Section
53-29-203
is eligible to petition the court under Section
53-29-207
for an order
of removal from the registry at a 10-year after entrance into the community period
described in Subsection
(2)
if:
(a)
the offender has not been convicted of another offense that is a class A misdemeanor,
felony, or capital felony within the most recent 10-year period after the date
described in Subsection
(2)
, as evidenced by a certificate of eligibility issued by the
bureau;
(b)
the offender successfully completed all treatment ordered by the court or the Board
of Pardons and Parole relating to the offense; and
(c)
the offender has paid all restitution ordered by the court or the Board of Pardons and
Parole relating to the offense.
(2)
An offender who qualifies under Subsection
(1)
may petition the court under Section
53-29-207
for an order of removal from the registry if 10 years have passed after the
later of the following events in which the offender entered into the community:
(a)
the day on which the offender was placed on probation;
(b)
the day on which the offender was released from incarceration to parole;
(c)
the day on which the offender's sentence was terminated without parole;
(d)
the day on which the offender entered a community-based residential program; or
(e)
for a minor, as defined in Section
80-1-102
, the day on which the division's custody
of the offender was terminated.
(3)
The offenses that qualify for a 10-year petition for an order of removal from the registry
referenced in Subsection
(1)
are:
(a)
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
(3)(b)
through (v);
(b)
aggravated child abuse under Subsection
76-5-109.2(3)(a)
or (b);
(c)
child torture under Section
76-5-109.4
;
(d)
human trafficking for labor under Section
76-5-308
;
(e)
human smuggling under Section
76-5-308.3
;
(f)
human trafficking of a child for labor under Subsection
76-5-308.5(4)(a)
;
(g)
aggravated human trafficking for labor under Section
76-5-310
;
(h)
aggravated human smuggling under Section
76-5-310.1
;
(i)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(j)
a felony violation of unlawful sexual activity with a minor under Section
76-5-401
, if,
at the time of the offense, the offender is more than 10 years older than the victim;
(k)
sexual abuse of a minor under Section
76-5-401.1
, if, at the time of the offense, the
offender is more than 10 years older than the victim;
(l)
unlawful sexual conduct with a 16 or 17 year old under Section
76-5-401.2
, if, at the
time of the offense, the offender is more than 15 years older than the victim;
(m)
forcible sexual abuse under Section
76-5-404
;
(n)
custodial sexual relations under Section
76-5-412
, if the victim in custody is younger
than 18 years old and the offense is committed on or after May 10, 2011;
(o)
sexual exploitation of a vulnerable adult under Section
76-5b-202
;
(p)
sexual extortion under
Subsection
76-5b-204(2)(a)
Section
76-5b-204
;
(q)
incest under Section
76-7-102
;
(r)
four or more convictions of lewdness under Section
76-5-419
;
(s)
four or more convictions of sexual battery under Section
76-5-418
;
(t)
any combination of convictions of lewdness under Section
76-5-419
, and of sexual
battery under Section
76-5-418
, that total four or more convictions;
(u)
lewdness involving a child under Section
76-5-420
;
(v)
a felony violation of:
(i)
recorded or photographed voyeurism under Section
76-12-307
; or
(ii)
distribution of images obtained through voyeurism under Section
76-12-308
;
(w)
aggravated exploitation of prostitution under Section
76-5d-208
, committed on or
before May 9, 2011;
(x)
attempting, soliciting, or conspiring to commit an offense listed in Subsections
(3)(a)

through
(v)
if the attempt, solicitation, or conspiracy is a registrable offense;
(y)
attempting, soliciting, or conspiring to commit:
(i)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(ii)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
;
(iii)
aggravated human trafficking for sexual exploitation under Section
76-5-310
;
(iv)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
;
(v)
aggravated kidnapping under Section
76-5-302
, except if the offender is a natural
parent of the victim;
(vi)
forcible sodomy under Section
76-5-403
;
(vii)
sexual abuse of a child under Section
76-5-404.1
;
(viii)
sexual exploitation of a minor under Section
76-5b-201
;
(ix)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(x)
aggravated sexual extortion under
Subsection
76-5b-204(2)(b)
Section
76-5b-204.1
; or
(xi)
aggravated exploitation of prostitution under Section
76-5d-208
, on or after May
10, 2011; or
(z)
an offense described in Subsection
53-29-203(1)(b)
that would otherwise be subject
to a 20-year petition for removal as described in Section
53-29-206
, if:
(i)
the sentencing court determines that the offender was under 21 years old at the
time the offense was committed; and
(ii)
the offense did not involve force or coercion as described in Subsection
53-29-203(3)
.
(4)
An individual who is as an offender under Section
53-29-202
based on a conviction in
an external jurisdiction for a registrable offense, or a substantially equivalent offense,
and is required to register on the external jurisdiction's sex, kidnap, or child abuse
offender registry, or an equivalent registry, may petition for removal from the registry in
accordance with the requirements of this section if the individual:
(a)
does not have a lifetime registration requirement on the external jurisdiction's sex,
kidnap, or child abuse offender registry, or an equivalent registry;
(b)
meets the requirements described in Subsections
(1)(a)
through (c);
(c)
has resided in this state for at least 183 days in a year for two consecutive years;
(d)
intends to primarily reside in this state; and
(e)
has received an order from a court in the external jurisdiction where the offender was
initially required to register on a sex, kidnap, and child abuse registry, or an
equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap,
and Child Abuse Offender Registry.
Section 5. Section
53G-9-207
is amended to read:
53G-9-207
. Child sexual abuse prevention.
(1)
As used in this section:
(a)
(i)
"Age-appropriate instructional material" means materials that provide
instruction on:
(A)
the responsibility of adults for the safety of children;
(B)
how to recognize uncomfortable inner feelings;
(C)
how to say no and leave an uncomfortable situation;
(D)
how to set clear boundaries;
(E)
the risks of sharing intimate images or personal information through electronic
means; and
(F)
the importance of discussing uncomfortable situations with parents and other
trusted adults.
(ii)
"Age-appropriate instructional material" does not include materials that:
(A)
invites a student to share personal experiences about abuse during instruction;
(B)
gives instruction regarding consent as described in Section
76-5-406
; or
(C)
includes sexually explicit language or depictions.
(b)
"Alternative provider" means a provider other than the provider selected by the state
board under Subsection
(8)
that provides the training and instruction described in
Subsection
(4)
with instructional materials approved under Subsection
(2)
.
(c)
"School personnel" means the same as that term is defined in Section
53G-9-203
.
(d)
"Sexual extortion" means
the
a
criminal offense described in Section
76-5b-204
or
76-5b-204.1
.
(2)
The state board shall approve, in partnership with the Department of Health and Human
Services, age-appropriate instructional materials for the training and instruction
described in Subsections
(3)(a)
and
(4)
.
(3)
(a)
An LEA shall provide, once every three years, training and instruction on child
sexual abuse and human trafficking prevention and awareness to:
(i)
school personnel in elementary and secondary schools on:
(A)
responding to a disclosure of child sexual abuse in a supportive, appropriate
manner;
(B)
identifying children who are victims or may be at risk of becoming victims of
human trafficking or commercial sexual exploitation;
and
(C)
the mandatory reporting requirements described in Sections
53E-6-701
and
80-2-602
;
and
(D)
appropriate responses to incidents of sexual extortion, including connecting
victims with support services; and
(ii)
parents of elementary school students on:
(A)
recognizing warning signs of a child who is being sexually abused or who is a
victim or may be at risk of becoming a victim of human trafficking or
commercial sexual exploitation;
(B)
effective, age-appropriate methods for discussing the topic of child sexual
abuse with a child; and
(C)
resources available for victims of sexual extortion.
(b)
An LEA:
(i)
shall use the instructional materials approved by the state board under Subsection
(2)
to provide the training and instruction under Subsections
(3)(a)
and
(4)
; or
(ii)
may use instructional materials the LEA creates to provide the instruction and
training described in Subsections
(3)(a)
and
(4)
, if the LEA's instructional
materials are approved by the state board under Subsection
(2)
.
(4)
(a)
In accordance with Subsections
(4)(b)
and
(5)
, an LEA may provide instruction on
child sexual abuse and human trafficking prevention and awareness to elementary
school students using age-appropriate curriculum.
(b)
An LEA that provides the instruction described in Subsection
(4)(a)
shall use the
instructional materials approved by the state board under Subsection
(2)
to provide
the instruction.
(5)
(a)
An elementary school student may not be given the instruction described in
Subsection
(4)
unless the parent of the student is:
(i)
notified in advance of the:
(A)
instruction and the content of the instruction; and
(B)
parent's right to have the student excused from the instruction;
(ii)
given an opportunity to review the instructional materials before the instruction
occurs; and
(iii)
allowed to be present when the instruction is delivered.
(b)
Upon the written request of the parent of an elementary school student, the student
shall be excused from the instruction described in Subsection
(4)
.
(c)
Participation of a student requires compliance with Sections
53E-9-202
and
53E-9-203
.
(6)
An LEA may determine the mode of delivery for the training and instruction described
in Subsections
(3)
and
(4)
.
(7)
Upon request of the state board, an LEA shall provide evidence of compliance with this
section.
(8)
The state board shall select a provider to provide the training and instruction described
in Subsection
(4)
, including requiring the provider selected to:
(a)
engage in outreach efforts to support more schools to participate in the training and
instruction;
(b)
provide materials for the instruction involving students in accordance with
Subsection
(4)
;
(c)
provide an outline of how many LEAs, schools, and students the provider could
service; and
(d)
submit a report to the state board that includes:
(i)
information on the LEAs the provider engaged with in the outreach efforts,
including:
(A)
how many schools within an LEA increased instructional offerings for
training and instruction; and
(B)
the reasons why an LEA chose to participate or not in the offered training or
instruction;
(ii)
the number of schools and students that received the training and instruction;
(iii)
budgetary information regarding how the provider utilized any funds the state
board allocated; and
(iv)
additional information the state board requests.
(9)
Subject to legislative appropriation, there is created a grant program to support an LEA
that chooses to use an alternative provider other than the provider selected by the state
board under Subsection
(8)
to provide the training and instruction described in
Subsection
(4)
.
(10)
The state board shall:
(a)
establish a process to select alternative providers for an LEA to use, including:
(i)
an application process for a provider to become an alternative provider;
(ii)
required criteria for a provider to become an alternative provider; and
(iii)
relevant timelines;
(b)
create a process for an LEA to receive a grant award described in Subsection
(9)
,
including:
(i)
an application process;
(ii)
relevant timelines; and
(iii)
a scoring rubric and corresponding formula for determining a grant amount; and
(c)
make grant awards on a first come first served basis until the state board distributes
all appropriated funds.
(11)
An LEA that receives a grant award described in Subsection
(10)(b)
shall:
(a)
use the grant award to cover the costs needed for implementation of the training or
instruction described in Subsection
(4)
; and
(b)
upon request of the state board, provide an itemized list of the uses of the grant
award.
Section 6. Section
76-1-301
is amended to read:
76-1-301
. Offenses for which prosecution may be commenced at any time.
(1)
As used in this section:
(a)
"Aggravating offense" means any offense incident to which a homicide was
committed as described in Subsection
76-5-202(2)(a)(iv)
or
(v)
or Subsection
76-5-202(2)(b)
.
(b)
"Predicate offense" means an offense described in Subsection
76-5-203(1)(a)
if a
person other than a party as defined in Section
76-2-202
was killed in the course of
the commission, attempted commission, or immediate flight from the commission or
attempted commission of the offense.
(2)
Notwithstanding any other provisions of this code, prosecution for the following
offenses may be commenced at any time:
(a)
an offense classified as a capital felony under Section
76-3-103
;
(b)
aggravated murder under Section
76-5-202
;
(c)
murder under Section
76-5-203
;
(d)
manslaughter under Section
76-5-205
;
(e)
child abuse homicide under Section
76-5-208
;
(f)
aiding or encouraging suicide under Section
76-5-211
;
(f)
(g)
aggravated kidnapping under Section
76-5-302
;
(g)
(h)
child kidnapping under Section
76-5-301.1
;
(h)
(i)
rape under Section
76-5-402
;
(i)
(j)
rape of a child under Section
76-5-402.1
;
(j)
(k)
object rape under Section
76-5-402.2
;
(k)
(l)
object rape of a child under Section
76-5-402.3
;
(l)
(m)
forcible sodomy under Section
76-5-403
;
(m)
(n)
sodomy on a child under Section
76-5-403.1
;
(n)
(o)
sexual abuse of a child under Section
76-5-404.1
;
(o)
(p)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(p)
(q)
aggravated sexual assault under Section
76-5-405
;
(q)
(r)
any predicate offense to a murder or aggravating offense to an aggravated
murder;
(r)
(s)
aggravated human trafficking under Section
76-5-310
;
(s)
(t)
aggravated human smuggling under Section
76-5-310.1
;
(t)
(u)
human trafficking of a child under Section
76-5-308.5
; or
(u)
(v)
aggravated exploitation of prostitution involving a child under Section
76-5d-208
.
Section 7. Section
76-3-406.5
is amended to read:
76-3-406.5
. Aggravating factors in imprisonment for certain criminal homicide
cases.
(1)
As used in this section:
(a)
"Cohabitant" has the same definition as in Section
78B-7-102
.
(b)
"Position of trust" includes the position of a spouse, parent, or cohabitant.
(2)
It is an aggravating factor that the
person
actor
occupied a position of trust in relation
to the victim.
(3)
The Board of Pardons and Parole shall consider the aggravating factor in Subsection
(2)

in determining the length of imprisonment for
a person
an actor
convicted of:
(a)
aggravated murder under Section
76-5-202
;
(b)
murder under Section
76-5-203
;
or
(c)
manslaughter under Section
76-5-205
.
; or
(d)
aiding or encouraging suicide under Section
76-5-211
.
(4)
The sentencing court shall consider the aggravating factor in Subsection
(2)
in
sentencing
a person
an actor
convicted of
:
(a)

manslaughter under Section
76-5-205
; or
(b)
aiding or encouraging suicide under Section
76-5-211
.
Section 8. Section
76-5-205
is amended to read:
76-5-205
. Manslaughter.
(1)
(a)
As used in this section:
(i)
(A)
"Aid" means the act of providing the physical means.
(B)
"Aid" does not include the withholding or withdrawal of life sustaining
treatment procedures to the extent allowed under
Title 75A, Chapter 3, Health
Care Decisions
, or any other laws of this state.
(ii)
"Practitioner" means an individual currently licensed, registered, or otherwise
authorized by law to administer, dispense, distribute, or prescribe medications or
procedures in the course of professional practice.
(iii)
"Provides" means to administer, prescribe, distribute, or dispense.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
Except as provided in Subsection
(5)
, an
An
actor commits manslaughter if the actor:
(a)
recklessly causes the death of another individual;
or
(b)
intentionally, and with knowledge that another individual intends to commit suicide
or attempt to commit suicide, aids the individual to commit suicide; or
(c)
(b)
commits a homicide which would be murder, but the offense is reduced in
accordance with Subsection
76-5-203(4)
.
(3)
A violation of Subsection
(2)
is a
felony of the
second degree
felony
.
(4)
(a)
In addition to the penalty described under this section or any other section,
a
defendant
an actor
who is convicted of violating this section shall have the
defendant's
actor's
driver license revoked under Section
53-3-220
if the death of
another individual results from driving a motor vehicle.
(b)
The court shall forward the report of the conviction resulting from driving a motor
vehicle to the Driver License Division in accordance with Section
53-3-218
.
(5)
(a)
A practitioner does not violate Subsection (2)(b) if the practitioner provides
medication or a procedure to treat an individual's illness or relieve an individual's
pain or discomfort, regardless of whether the medication or procedure may hasten or
increase the risk of death to the individual to whom the practitioner provides the
medication or procedure.
(b)
Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the
practitioner intentionally and knowingly provides the medication or procedure to aid
the individual to commit suicide or attempt to commit suicide.
Section 9. Section
76-5-211
is enacted to read:
76-5-211
. Aiding or encouraging suicide.
(1)
(a)
As used in this section:
(i)
(A)
"Aid" means the act of providing the physical means.
(B)
"Aid" does not include the withholding or withdrawal of life sustaining
treatment procedures to the extent allowed under Title 75A, Chapter 9,
Uniform Health Care Decisions Act, or any other laws of this state.
(ii)
"Practitioner" means an individual currently licensed, registered, or otherwise
authorized by law to administer, dispense, distribute, or prescribe medications or
procedures in the course of professional practice.
(iii)
"Provides" means to administer, prescribe, distribute, or dispense.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits aiding or encouraging suicide if:
(a)
the actor intentionally, and with knowledge that another individual intends to die by
suicide or attempt to die by suicide, aids the individual to die by suicide; or
(b)
(i)
the actor, on four or more separate occasions, intentionally encourages another
individual to die by suicide;
(ii)
the actor is reckless as to whether the actor's course of conduct described in
Subsection
(2)(b)(i)
would imminently cause the individual to die by suicide or
attempt to die by suicide after a fourth or subsequent encouragement to die by
suicide; and
(iii)
the individual described in Subsection
(2)(b)(i)
dies by suicide or attempts to die
by suicide.
(3)
A violation of Subsection
(2)
is a second degree felony with a mandatory fine of not less
than $10,000.
(4)
Upon a conviction for a violation of Subsection
(2)
, the court shall order the imposition
of at least the applicable minimum fine of the amount described in Subsection
(3)
and
may not waive or suspend the fine.
(5)
(a)
A practitioner does not violate Subsection
(2)(a)
if the practitioner provides
medication or a procedure to treat an individual's illness or relieve an individual's
pain or discomfort, regardless of whether the medication or procedure may hasten or
increase the risk of death to the individual to whom the practitioner provides the
medication or procedure.
(b)
Notwithstanding Subsection
(5)(a)
, a practitioner violates Subsection
(2)(a)
if the
practitioner knowingly provides the medication or procedure to aid the individual to
die by suicide or attempt to die by suicide.
Section 10. Section
76-5b-204
is amended to read:
76-5b-204
. Sexual extortion.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means
any
an
individual under 18 years old.
(iii)
"Counterfeit intimate image" means the same as that term is defined in Section
76-5b-205
.
(iv)
"Intimate image" means the same as that term is defined in Section
76-5b-203
.
(v)
"Position of special trust" means the same as that term is defined in Section
76-5-404.1
.
(vi)
(v)
"Sexually explicit conduct" means the same as that term is defined in
Section
76-5b-203
.
(vii)
(vi)
"Simulated sexually explicit conduct" means the same as that term is
defined in Section
76-5b-203
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
(a)
An actor commits the offense of sexual extortion if the actor:
(i)
(a)
with an intent to coerce a victim to engage in sexual contact, in sexually explicit
conduct, or in simulated sexually explicit conduct, or to produce, provide, or
distribute an image, video, or other recording of any individual naked or engaged in
sexually explicit conduct
:
(i)
,
communicates
,
by any means
,
a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image
,
or
counterfeit intimate image
, or video
of
the victim;
or
(ii)
after a request from the victim or a third party acting at the direction of the victim:
(A)
declines to delete an intimate image or counterfeit intimate image of the
victim from the actor's possession; or
(B)
declines to remove or retract from an account managed by the actor on any
website, application, or other electronic sharing platform, an intimate image or
counterfeit intimate image of the victim previously posted or shared on the
website, application, or other electronic sharing platform;
(ii)
(b)
knowingly causes a victim to engage in sexual contact, in sexually explicit
conduct, or in simulated sexually explicit conduct, or to produce, provide, or
distribute any image, video, or other recording of any individual naked or engaged in
sexually explicit conduct
:
(i)
by means of
by communicating, through any means,
a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image
,
or
counterfeit intimate image
, or video
of
the victim; or
(ii)
by declining, after receiving a request from the victim or a third party acting at
the direction of the victim:
(A)
to delete an intimate image or counterfeit intimate image of the victim from
the actor's possession; or
(B)
to remove or retract from an account managed by the actor on any website,
application, or other electronic sharing platform, an intimate image or
counterfeit intimate image of the victim previously posted or shared on the
website, application, or other electronic sharing platform; or
(iii)
(c)
with intent to obtain a thing of value from a victim
or compel the victim to do
any act or refrain from doing any act against the victim's will:
(i)

communicates, by any means, a threat to distribute an intimate image
,
or

counterfeit intimate image
, or video
of the victim
.
; or
(ii)
after a request from the victim or a third party acting at the direction of the victim:
(A)
declines to delete an intimate image or counterfeit intimate image of the
victim from the actor's possession; or
(B)
declines to remove or retract from an account managed by the actor on any
website, application, or other electronic sharing platform, an intimate image or
counterfeit intimate image of the victim previously posted or shared on the
website, application, or other electronic sharing platform.
(b)
An actor commits aggravated sexual extortion when, in conjunction with the offense
described in Subsection
(2)(a)
, any of the following circumstances have been charged
and admitted or found true in the action for the offense:
(i)
the victim is a child or vulnerable adult;
(ii)
the offense was committed by the use of a dangerous weapon or by violence,
intimidation, menace, fraud, or threat of physical harm, or was committed during
the course of a kidnapping;
(iii)
the victim suffered bodily injury or severe psychological injury during, or as a
result of, the offense;
(iv)
the actor was a stranger to the victim, or became a friend of the victim, for the
purpose of committing the offense;
(v)
the actor, before sentencing for the offense, was previously convicted of any
sexual offense;
(vi)
the actor occupied a position of special trust in relation to the victim;
(vii)
the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
sexual acts by the victim with any other individual, or sexual performance by the
victim before any other individual, human trafficking, or human smuggling; or
(viii)
the actor caused the penetration, however slight, of the genital or anal opening
of the victim by any part or parts of the human body, or by any other object.
(3)
(a)
If the actor is an adult
:
,
(i)
a violation of Subsection
(2)(a)
(2)
is a third degree felony
;
with a mandatory
fine of not less than $5,000.
(ii)
a violation of Subsection
(2)(b)(i)
,
(ii)
,
(iv)
,
(v)
,
(vi)
,
(vii)
, or
(viii)
in which the
victim is an adult is a second degree felony;
(iii)
a violation of Subsection
(2)(b)(iii)
in which the victim is an adult is a first
degree felony; or
(iv)
a violation of Subsection
(2)(b)
in which the victim is a child or a vulnerable
adult is a first degree felony.
(b)
If the actor is a child
:
,
(i)
a violation of Subsection
(2)(a)
(2)
is a class A misdemeanor
; or
.
(ii)
a violation of Subsection
(2)(b)
is a third degree felony if there is more than a
two-year age gap between the actor and the victim.
(4)
Upon a conviction for a violation of Subsection
(2)
, the court shall order the imposition
of at least the applicable minimum fine amount described in Subsection
(3)(a)
and may
not waive or suspend the fine.
(c)
(5)
An actor commits a separate offense under this section:
(i)
(a)
for each victim the actor subjects to the offense
outlined
described
in Subsection
(2)(a)
(2)
; and
(ii)
(b)
for each separate time the actor subjects a victim to the offense
outlined
described

in
Subsection
(2)(a)
(2)
.
(d)
(6)
This section does not preclude an actor from being charged and convicted of a
separate criminal act if the actor commits the separate criminal act while the
individual
actor
violates or attempts to violate this section.
(4)
(7)
An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
liability under this section related to content provided by a user of the interactive
computer service.
(8)
This section does not apply if:
(a)
an actor and another individual are discussing an agreement regarding the mutual
deletion or removal of intimate images of the individual in the actor's possession or
control and intimate images of the actor in the individual's possession or control;
(b)
the actor received the intimate images from the individual described in Subsection
(8)(a)
with the individual's consent;
(c)
the actor is not threatening to distribute the intimate images of the individual; and
(d)
there is no agreement for the exchange of any goods, services, or other consideration,
or any other action by the actor or individual, except for the mutual deletion or
removal of the intimate images.
Section 11. Section
76-5b-204.1
is enacted to read:
76-5b-204.1
. Aggravated sexual extortion.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means an individual under 18 years old.
(iii)
"Position of special trust" means the same as that term is defined in Section
76-5-404.1
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits aggravated sexual extortion when, in conjunction with the offense
described in Subsection
76-5b-204(2)
, any of the following circumstances have been
charged and admitted or found true in the action for the offense:
(a)
the victim is a child or vulnerable adult;
(b)
the offense was committed by the use of a dangerous weapon or by violence,
intimidation, menace, fraud, or threat of physical harm, or was committed during the
course of a kidnapping;
(c)
the victim suffered bodily injury or severe psychological injury during, or as a result
of, the offense;
(d)
the actor was a stranger to the victim, or became a friend of the victim, for the
purpose of committing the offense;
(e)
the actor, before sentencing for the offense, was previously convicted of any sexual
offense;
(f)
the actor occupied a position of special trust in relation to the victim;
(g)
the actor encouraged, aided, allowed, or benefited from:
(i)
acts of prostitution or sexual acts by the victim with any other individual;
(ii)
a sexual performance by the victim before any other individual; or
(iii)
human trafficking or human smuggling; or
(h)
the actor caused the penetration, however slight, of the genital or anal opening of the
victim by any part or parts of the human body, or by any other object.
(3)
(a)
If the actor is an adult:
(i)
a violation of Subsection
(2)
in which the victim is a child or a vulnerable adult is
a first degree felony with a mandatory fine of not less than $20,000;
(ii)
a violation of Subsection
(2)(c)
in which the victim is an adult who is not a
vulnerable adult is a first degree felony with a mandatory fine of not less than
$20,000; or
(iii)
a violation of Subsection
(2)(b)
, (d), (e), (f), (g), or (h) in which the victim is an
adult who is not a vulnerable adult is a second degree felony with a mandatory
fine of not less than $10,000.
(b)
If the actor is a child, a violation of Subsection
(2)
is a third degree felony if there is
more than a two-year age gap between the actor and the victim.
(4)
Upon a conviction for a violation of Subsection
(2)
, the court shall order the imposition
of at least the applicable minimum fine amount described in Subsection
(3)(a)
and may
not waive or suspend the fine.
(5)
This section does not preclude an actor from being charged and convicted of a separate
criminal act if the actor commits the separate criminal act while the actor violates or
attempts to violate this section.
(6)
An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
liability under this section related to content provided by a user of the interactive
computer service.
Section 12. Section
76-17-401
is amended to read:
76-17-401
. Definitions.
As used in this part:
(1)
(a)
"Enterprise" means an individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and a union or group of individuals
associated in fact although not a legal entity.
(b)
"Enterprise" includes illicit as well as licit entities.
(2)
"Pattern of unlawful activity" means engaging in conduct that constitutes the
commission of at least three episodes of unlawful activity, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, or methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise. At least one of the episodes comprising a
pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
constituting part of a pattern of unlawful activity as defined by this part shall have
occurred within five years of the commission of the next preceding act alleged as part of
the pattern.
(3)
"Person" includes an individual or entity capable of holding a legal or beneficial interest
in property, including state, county, and local governmental entities.
(4)
"Unlawful activity" means to directly engage in conduct or to solicit, request, command,
encourage, or intentionally aid another person to engage in conduct that would constitute
an offense described by the following crimes or categories of crimes, or to attempt or
conspire to engage in an act that would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by an authority or is classified as a
misdemeanor or a felony:
(a)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under Title 19, Environmental Quality
Code, Sections
19-1-101
through
19-7-109
;
(c)
taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
Section
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
Chapter 3, Part 11, Utah False Claims Act, Sections
26B-3-1101
through
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f)
unlawful marking of pistol or revolver under Section
53-5a-105
;
(g)
alteration of number or mark on pistol or revolver under Section
53-5a-106
;
(h)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
Uniform Land Sales Practices Act;
(i)
an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
Chapter 37d, Clandestine Drug Lab Act;
(j)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act;
(k)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
Procurement Code;
(l)
assault under Section
76-5-102
;
(m)
aggravated assault under Section
76-5-103
;
(n)
a threat of terrorism under Section
76-5-107.3
;
(o)
a criminal homicide offense under Section
76-5-201
;
(p)
kidnapping under Section
76-5-301
;
(q)
aggravated kidnapping under Section
76-5-302
;
(r)
human trafficking for labor under Section
76-5-308
;
(s)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
human trafficking of a child under Section

76-5-308.5
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
aggravated human trafficking under Section
76-5-310
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
sexual extortion under Section
76-5b-204
;
(aa)
aggravated sexual extortion under Section
76-5b-204.1
;
(aa)
(bb)
arson under Section
76-6-102
;
(bb)
(cc)
aggravated arson under Section

76-6-103
;
(cc)
(dd)
causing a catastrophe under Section
76-6-105
;
(dd)
(ee)
burglary under Section
76-6-202
;
(ee)
(ff)
aggravated burglary under Section
76-6-203
;
(ff)
(gg)
burglary of a vehicle under Section
76-6-204
;
(gg)
(hh)
manufacture or possession of an instrument for burglary or theft under
Section
76-6-205
;
(hh)
(ii)
robbery under Section
76-6-301
;
(ii)
(jj)
aggravated robbery under Section
76-6-302
;
(jj)
(kk)
theft under Section
76-6-404
;
(kk)
(ll)
theft by deception under Section
76-6-405
;
(ll)
(mm)
theft by extortion under Section
76-6-406
;
(mm)
(nn)
receiving stolen property under Section
76-6-408
;
(nn)
(oo)
theft of services under Section
76-6-409
;
(oo)
(pp)
forgery under Section
76-6-501
;
(pp)
(qq)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
(rr)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
(ss)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
(tt)
deceptive business practices under Section
76-6-507
;
(tt)
(uu)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
(vv)
bribery of a labor official under Section
76-6-509
;
(vv)
(ww)
defrauding creditors under Section
76-6-511
;
(ww)
(xx)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
(yy)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
(zz)
unlawful influence of a contest under Section
76-6-514
;
(zz)
(aaa)
making a false credit report under Section
76-6-517
;
(aaa)
(bbb)
criminal simulation under Section
76-6-518
;
(bbb)
(ccc)
criminal usury under Section
76-6-520
;
(ccc)
(ddd)
insurance fraud under Section
76-6-521
;
(ddd)
(eee)
retail theft under Section
76-6-602
;
(eee)
(fff)
computer crimes under Section
76-6-703
;
(fff)
(ggg)
identity fraud under Section
76-6-1102
;
(ggg)
(hhh)
mortgage fraud under Section
76-6-1203
;
(hhh)
(iii)
sale of a child under Section
76-7-203
;
(iii)
(jjj)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
(kkk)
threat to influence official or political action under Section
76-8-104
;
(kkk)
(lll)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
(mmm)
receiving bribe for endorsement of person as a public servant under
Section
76-8-106
;
(mmm)
(nnn)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
(ooo)
official misconduct based on unauthorized act or failure of duty under
Section
76-8-201
;
(ooo)
(ppp)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
(qqq)
obstruction of justice in a criminal investigation or proceeding under
Section
76-8-306
;
(qqq)
(rrr)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
(sss)
harboring or concealing offender who has escaped from official custody
under Section
76-8-309.2
;
(sss)
(ttt)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
(uuu)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
(vvv)
making a written false statement under Section
76-8-504
;
(vvv)
(www)
tampering with a witness under Section
76-8-508
;
(www)
(xxx)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
(yyy)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
(zzz)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
(aaaa)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
(bbbb)
falsification or alteration of a government record under Section
76-8-511
,
if the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act;
(bbbb)
(cccc)
public assistance fraud by an applicant for public assistance under
Section
76-8-1203.1
;
(cccc)
(dddd)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
(eeee)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
(ffff)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
(gggg)
false statement to obtain or increase unemployment compensation under
Section
76-8-1301
;
(gggg)
(hhhh)
false statement to prevent or reduce unemployment compensation or
liability under Section
76-8-1302
;
(hhhh)
(iiii)
unlawful failure to comply with Employment Security Act requirements
under Section
76-8-1303
;
(iiii)
(jjjj)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
(kkkk)
intentionally or knowingly causing one animal to fight with another under
Subsection
76-13-202(2)(d)
or
(3)
, or Section
76-13-205
or
76-13-206
concerning
dog fighting;
(kkkk)
(llll)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803
;
(llll)
(mmmm)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join
a criminal street gang under Section
76-9-803.1
;
(mmmm)
(nnnn)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
(oooo)
aggravated intimidating a minor to remain in a criminal street gang under
Section
76-9-803.3
;
(oooo)
(pppp)
unlawful conduct involving an explosive, chemical, or incendiary device
under Section
76-15-210
;
(pppp)
(qqqq)
unlawful conduct involving an explosive, chemical, or incendiary part
under Section
76-15-211
;
(qqqq)
(rrrr)
unlawful delivery or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(rrrr)
(ssss)
forging or counterfeiting trademarks, trade name, or trade device under
Section
76-16-302
;
(ssss)
(tttt)
selling goods under counterfeited trademark, trade name, or trade devices
under Section
76-16-303
;
(tttt)
(uuuu)
sales in containers bearing registered trademark of substituted articles
under Section
76-16-304
;
(uuuu)
(vvvv)
selling or dealing with article bearing registered trademark or service
mark with intent to defraud under Section
76-16-306
;
(vvvv)
(wwww)
participating in gambling under Section
76-9-1402
;
(wwww)
(xxxx)
permitting gambling under Section
76-9-1403
;
(xxxx)
(yyyy)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
(zzzz)
gambling promotion under Section
76-9-1405
;
(zzzz)
(aaaaa)
gambling fraud under Section
76-9-1406
;
(aaaaa)
(bbbbb)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
(ccccc)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
(ddddd)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
(eeeee)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(eeeee)
(fffff)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(ggggg)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
(hhhhh)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(hhhhh)
(iiiii)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(jjjjj)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(kkkkk)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(lllll)
aiding prostitution under Section
76-5d-206
;
(lllll)
(mmmmm)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(nnnnn)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(ooooo)
communications fraud under Section
76-6-525
;
(ooooo)
(ppppp)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(qqqqq)
an act prohibited by the criminal provisions of Chapter 9, Part 16,
Money Laundering and Currency Transaction Reporting;
(qqqqq)
(rrrrr)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(sssss)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(ttttt)
an act illegal under the laws of the United States and enumerated in 18
U.S.C. Secs. 1961(1)(B), (C), and (D).
Section 13. Section
77-22-2.5
is amended to read:
77-22-2.5
. Court orders for criminal investigations for records concerning an
electronic communications system or service or remote computing service -- Content --
Fee for providing information.
(1)
As used in this section:
(a)
(i)
"Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii)
"Electronic communication" does not include:
(A)
a wire or oral communication;
(B)
a communication made through a tone-only paging device;
(C)
a communication from a tracking device; or
(D)
electronic funds transfer information stored by a financial institution in a
communications system used for the electronic storage and transfer of funds.
(b)
"Electronic communications service" means a service which provides for users the
ability to send or receive wire or electronic communications.
(c)
"Electronic communications system" means a wire, radio, electromagnetic,
photooptical, or photoelectronic facilities for the transmission of wire or electronic
communications, and a computer facilities or related electronic equipment for the
electronic storage of the communication.
(d)
"Internet service provider" means the same as that term is defined in Section
76-5c-401
.
(e)
"Prosecutor" means the same as that term is defined in Section
77-22-4.5
.
(f)
"Remote computing service" means the provision to the public of computer storage
or processing services by means of an electronic communications system.
(g)
(i)
"Sexual offense against a minor" means:
(A)
sexual exploitation of a minor or attempted sexual exploitation of a minor in
violation of Section
76-5b-201
;
(B)
aggravated sexual exploitation of a minor or attempted aggravated sexual
exploitation of a minor in violation of Section
76-5b-201.1
;
(C)
a sexual offense or attempted sexual offense committed against a minor in
violation of
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(D)
dealing in or attempting to deal in material harmful to a minor in violation of
Section
76-5c-205
or
76-5c-206
;
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(F)
aggravated sexual extortion of a child in violation of Section
76-5b-204
76-5b-204.1
.
(ii)
"Sexual offense against a minor" does not include an offense described in Section
76-5-418
,
76-5-419
, or
76-5-420
.
(2)
When a law enforcement agency is investigating a sexual offense against a minor, an
offense of stalking under Section
76-5-106.5
, or an offense of child kidnapping under
Section
76-5-301.1
, and has reasonable suspicion that an electronic communications
system or service or remote computing service has been used in the commission of a
criminal offense, a law enforcement agent shall:
(a)
articulate specific facts showing reasonable grounds to believe that the records or
other information sought, as designated in Subsections
(2)(c)(i)
through
(v)
, are
relevant and material to an ongoing investigation;
(b)
present the request to a prosecutor for review and authorization to proceed; and
(c)
submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or
remote computing service provider that owns or controls the
Internet
internet

protocol address, websites, email address, or service to a specific telephone number,
requiring the production of the following information, if available, upon providing in
the court order the Internet protocol address, email address, telephone number, or
other identifier, and the dates and times the address, telephone number, or other
identifier is suspected of being used in the commission of the offense:
(i)
names of subscribers, service customers, and users;
(ii)
addresses of subscribers, service customers, and users;
(iii)
records of session times and durations;
(iv)
length of service, including the start date and types of service utilized; and
(v)
telephone or other instrument subscriber numbers or other subscriber identifiers,
including a temporarily assigned network address.
(3)
A court order issued under this section shall state that the electronic communications
system or service or remote computing service provider shall produce a record under
Subsections
(2)(c)(i)
through
(v)
that is reasonably relevant to the investigation of the
suspected criminal activity or offense as described in the court order.
(4)
(a)
An electronic communications system or service or remote computing service
provider that provides information in response to a court order issued under this
section may charge a fee, not to exceed the actual cost, for providing the information.
(b)
The law enforcement agency conducting the investigation shall pay the fee.
(5)
The electronic communications system or service or remote computing service provider
served with or responding to the court order may not disclose the court order to the
account holder identified pursuant to the court order for a period of 90 days.
(6)
If the electronic communications system or service or remote computing service
provider served with the court order does not own or control the Internet protocol
address, websites, or email address, or provide service for the telephone number that is
the subject of the court order, the provider shall notify the investigating law enforcement
agency that the provider does not have the information.
(7)
There is no cause of action against a provider or wire or electronic communication
service, or the provider or service's officers, employees, agents, or other specified
persons, for providing information, facilities, or assistance in accordance with the terms
of the court order issued under this section or statutory authorization.
(8)
(a)
A court order issued under this section is subject to the provisions of
Title 77,
Chapter 23b, Access to Electronic Communications
.
(b)
Rights and remedies for providers and subscribers under
Title 77, Chapter 23b,
Access to Electronic Communications
, apply to providers and subscribers subject to a
court order issued under this section.
(9)
A prosecutorial agency shall annually on or before February 15 report to the
Commission on Criminal and Juvenile Justice:
(a)
the number of requests for court orders authorized by the prosecutorial agency;
(b)
the number of orders issued by the court and the criminal offense, pursuant to
Subsection
(2)
, each order was used to investigate; and
(c)
if the court order led to criminal charges being filed, the type and number of offenses
charged.
Section 14. Section
77-23a-8
is amended to read:
77-23a-8
. Court order to authorize or approve interception -- Procedure.
(1)
The attorney general of the state, any assistant attorney general specially designated by
the attorney general, any county attorney, district attorney, deputy county attorney, or
deputy district attorney specially designated by the county attorney or by the district
attorney, may authorize an application to a judge of competent jurisdiction for an order
for an interception of wire, electronic, or oral communications by any law enforcement
agency of the state, the federal government or of any political subdivision of the state
that is responsible for investigating the type of offense for which the application is made.
(2)
The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a)
an act:
(i)
prohibited by the criminal provisions of:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C)
Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii)
punishable by a term of imprisonment of more than one year;
(b)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c)
an offense:
(i)
of:
(A)
attempt under Section
76-4-101
;
(B)
conspiracy under Section
76-4-201
;
(C)
criminal solicitation of an adult, Section
76-4-203
; or
(D)
criminal solicitation of a minor, Section
76-4-205
; and
(ii)
punishable by a term of imprisonment of more than one year;
(d)
a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year under Section
76-5-107.3
;
(e)
(i)
aggravated murder under Section
76-5-202
;
(ii)
murder under Section
76-5-203
;
or
(iii)
manslaughter under Section
76-5-205
;
or
(iv)
aiding or encouraging suicide under Section
76-5-211
;
(f)
(i)
kidnapping under Section
76-5-301
;
(ii)
child kidnapping under Section
76-5-301.1
;
(iii)
aggravated kidnapping under Section
76-5-302
;
(iv)
human trafficking for labor under Section
76-5-308
;
(v)
human trafficking for sexual exploitation under Section
76-5-308.1
;
(vi)
human trafficking of a child under Section
76-5-308.5
;
(vii)
human smuggling under Section
76-5-308.3
;
(viii)
aggravated human trafficking under Section
76-5-310
; or
(ix)
aggravated human smuggling under Section
76-5-310.1
;
(g)
(i)
arson under Section
76-6-102
; or
(ii)
aggravated arson under Section
76-6-103
;
(h)
(i)
burglary under Section
76-6-202
; or
(ii)
aggravated burglary under Section
76-6-203
;
(i)
(i)
robbery under Section
76-6-301
; or
(ii)
aggravated robbery under Section
76-6-302
;
(j)
an offense:
(i)
of:
(A)
theft under Section
76-6-404
;
(B)
theft by deception under Section
76-6-405
; or
(C)
theft by extortion under Section
76-6-406
; and
(ii)
punishable by a maximum term of imprisonment of more than one year;
(k)
an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year under Section
76-6-408
;
(l)
a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year under Section
76-6-506.2
,
76-6-506.3
, or
76-6-506.6
;
(m)
bribery of a labor official under Section
76-6-509
;
(n)
bribery or threat to influence a publicly exhibited contest under Section
76-6-514
;
(o)
a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year under Section
76-6-518
;
(p)
criminal usury under Section
76-6-520
;
(q)
insurance fraud punishable by a maximum term of imprisonment of more than one
year under Section
76-6-521
;
(r)
a violation under Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable
by a maximum term of imprisonment of more than one year under Section
76-6-703
;
(s)
bribery to influence official or political actions under Section
76-8-103
;
(t)
misusing public money or public property under Section
76-8-402
;
(u)
tampering with a witness under Section
76-8-508
;
(v)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(w)
tampering or retaliating against a juror under Section
76-8-508.5
;
(x)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(y)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(z)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(aa)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(bb)
destruction of property to interfere with preparations for defense or war under
Section
76-8-802
;
(cc)
an attempt to commit crimes of sabotage under Section
76-8-804
;
(dd)
conspiracy to commit crimes of sabotage under Section
76-8-805
;
(ee)
advocating criminal syndicalism or sabotage under Section
76-8-902
;
(ff)
assembling for advocating criminal syndicalism or sabotage under Section
76-8-903
;
(gg)
riot punishable by a maximum term of imprisonment of more than one year under
Section
76-9-101
;
(hh)
dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year under Section
76-13-205
;
(ii)
delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(jj)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(kk)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(ll)
exploiting prostitution under Section
76-5d-207
;
(mm)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nn)
bus hijacking under Section
76-9-1502
;
(oo)
assault with intent to commit bus hijacking under Section
76-9-1503
;
(pp)
unlawful discharge of a firearm or hurling of a missile into a bus or terminal under
Section
76-9-1504
;
(qq)
violations under Title 76, Chapter 17, Part 4, Offenses Concerning
a Pattern
Patterns
of Unlawful Activity, and the offenses listed under the definition of unlawful
activity in the act, including the offenses not punishable by a maximum term of
imprisonment of more than one year when those offenses are investigated as
predicates for the offenses prohibited by the act under Section
76-17-401
;
(rr)
communications fraud under Section
76-6-525
;
(ss)
money laundering under Sections
76-9-1602
and
76-9-1603
; or
(tt)
reporting by a person engaged in a trade or business when the offense is punishable
by a maximum term of imprisonment of more than one year under Section
76-9-1604
.
Section 15. Section
77-36-1
is amended to read:
77-36-1
. Definitions.
As used in this chapter:
(1)
"Cohabitant" means the same as that term is defined in Section
78B-7-102
.
(2)
"Department" means the Department of Public Safety.
(3)
"Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4,
Part 4, Divorce.
(4)
(a)
"Domestic violence" or "domestic violence offense" means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any
attempt, conspiracy, or solicitation to commit a criminal offense involving violence
or physical harm, when committed by one cohabitant against another.
(b)
"Domestic violence" or "domestic violence offense" includes the commission of or
attempt to commit, any of the following offenses by one cohabitant against another:
(i)
aggravated assault under Section
76-5-103
;
(ii)
aggravated cruelty to an animal under Section
76-13-203
, with the intent to harass
or threaten the other cohabitant;
(iii)
assault under Section
76-5-102
;
(iv)
criminal homicide under Section
76-5-201
;
(v)
harassment under Section
76-5-106
;
(vi)
electronic communication harassment under Sections
76-12-202
,
76-12-203
, and
76-12-204
;
(vii)
kidnapping, child kidnapping, or aggravated kidnapping under Sections
76-5-301
,
76-5-301.1
, and
76-5-302
;
(viii)
mayhem under Section
76-5-105
;
(ix)
propelling a bodily substance or material, as described in Section
76-5-102.9
;
(x)
sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual
exploitation of a minor and aggravated sexual exploitation of a minor, as
described in Sections
76-5b-201
and
76-5b-201.1
;
(xi)
stalking under Section
76-5-106.5
;
(xii)
unlawful detention and unlawful detention of a minor under Section
76-5-304
;
(xiii)
violation of a protective order or ex parte protective order under Section
76-5-108
;
(xiv)
an offense against property under Title 76, Chapter 6, Part 1, Property
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title
76, Chapter 6, Part 3, Robbery;
(xv)
disorderly conduct under Section
76-9-102
, if a conviction or adjudication of
disorderly conduct is the result of a plea agreement in which the perpetrator was
originally charged with a domestic violence offense otherwise described in this
Subsection
(4)
, except that a conviction or adjudication of disorderly conduct as a
domestic violence offense, in the manner described in this Subsection
(4)(b)(xv)
,
does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.
Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
(xvi)
child abuse under Section
76-5-114
;
(xvii)
threatening violence under Section
76-5-107
;
(xviii)
sexual extortion under Section
76-5b-204
;
(xix)
aggravated sexual extortion under Section
76-5b-204.1
;
(xviii)
(xx)
tampering with a witness under Section
76-8-508
;
(xix)
(xxi)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xx)
(xxii)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(xxi)
(xxiii)
unlawful distribution of an intimate image under Section
76-5b-203
;
(xxii)
(xxiv)
unlawful distribution of a counterfeit intimate image under Section
76-5b-205
;
(xxiii)
(xxv)
threatening with or using a dangerous weapon in a fight or quarrel
under Section
76-11-207
;
(xxiv)
(xxvi)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(xxv)
(xxvii)
improper discharging of a dangerous weapon under Section
76-11-209
;
(xxvi)
(xxviii)
voyeurism under Section
76-12-306
;
(xxvii)
(xxix)
recorded or photographed voyeurism under Section
76-12-307
;
(xxviii)
(xxx)
distribution of images obtained through voyeurism under Section
76-12-308
;
(xxix)
(xxxi)
damage to or interruption of a communication device under Section
76-6-108
; or
(xxx)
(xxxii)
an offense under Subsection
78B-7-806(1)
.
(c)
"Domestic violence" or "domestic violence offense" does not include:
(i)
enticing a minor under Section
76-5-417
;
(ii)
lewdness under in Section
76-5-419
; or
(iii)
lewdness involving a child under Section
76-5-420
.
(5)
"Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(6)
"Jail release court order" means the same as that term is defined in Section
78B-7-801
.
(7)
"Marital status" means married and living together, divorced, separated, or not married.
(8)
"Married and living together" means a couple whose marriage was solemnized under
Section
81-2-305
or
81-2-407
and who are living in the same residence.
(9)
"Not married" means any living arrangement other than married and living together,
divorced, or separated.
(10)
"Protective order" includes an order issued under Subsection
78B-7-804(3)
.
(11)
"Pretrial protective order" means a written order:
(a)
specifying and limiting the contact a person who has been charged with a domestic
violence offense may have with an alleged victim or other specified individuals; and
(b)
specifying other conditions of release under Section
78B-7-802
or
78B-7-803
,
pending trial in the criminal case.
(12)
"Sentencing protective order" means a written order of the court as part of sentencing
in a domestic violence case that limits the contact an individual who is convicted or
adjudicated of a domestic violence offense may have with a victim or other specified
individuals under Section
78B-7-804
.
(13)
"Separated" means a couple who have had their marriage solemnized under Section
81-2-305
or
81-2-407
and who are not living in the same residence.
(14)
"Victim" means a cohabitant who has been subjected to domestic violence.
Section 16. Section
80-6-712
is amended to read:
80-6-712
. Time periods for supervision of probation or placement --
Termination of continuing jurisdiction.
(1)
If the juvenile court places a minor on probation under Section
80-6-702
, the juvenile
court shall establish a period of time for supervision for the minor that is:
(a)
if the minor is placed on intake probation, no more than three months; or
(b)
if the minor is placed on formal probation, from four to six months, but may not
exceed six months.
(2)
(a)
If the juvenile court commits a minor to the division under Section
80-6-703
, and
the minor's case is under the jurisdiction of the court, the juvenile court shall
establish:
(i)
for a minor placed out of the home, a period of custody from three to six months,
but may not exceed six months; and
(ii)
for aftercare services if the minor was placed out of the home, a period of
supervision from three to four months, but may not exceed four months.
(b)
A minor may be supervised for aftercare services under Subsection
(2)(a)(ii)
:
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee
if the minor does not qualify for an independent living program due to age,
disability, or another reason or the minor cannot be placed with a qualifying
relative or guardian.
(3)
If the juvenile court orders a minor to secure care, the authority shall:
(a)
have jurisdiction over the minor's case; and
(b)
apply the provisions of Part 8, Commitment and Parole.
(4)
(a)
The juvenile court shall terminate continuing jurisdiction over a minor's case at
the end of the time period described in Subsection
(1)
for probation or Subsection
(2)

for commitment to the division, unless:
(i)
termination would interrupt the completion of the treatment program determined
to be necessary by the results of a validated risk and needs assessment under
Section
80-6-606
;
(ii)
the minor commits a new misdemeanor or felony offense;
(iii)
the minor has not completed community or compensatory service hours;
(iv)
there is an outstanding fine; or
(v)
the minor has not paid restitution in full.
(b)
The juvenile court shall determine whether a minor has completed a treatment
program under Subsection
(4)(a)(i)
by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the minor's record in the treatment program; and
(iii)
the minor's completion of the goals of the treatment program.
(5)
Subject to Subsections
(6)
and
(7)
, if one of the circumstances under Subsection
(4)

exists the juvenile court may extend supervision for the time needed to address the
specific circumstance.
(6)
If the juvenile court extends supervision solely on the ground that the minor has not yet
completed community or compensatory service hours under Subsection
(4)(a)(iii)
, the
juvenile court may only extend supervision:
(a)
one time for no more than three months; and
(b)
as intake probation.
(7)
(a)
If the juvenile court extends jurisdiction solely on the ground that the minor has
not paid restitution in full as described in Subsection
(4)(a)(v)
:
(i)
the juvenile court may only:
(A)
extend jurisdiction up to four times for no more than three months at a time;
(B)
consider the efforts of the minor to pay restitution in full when determining
whether to extend jurisdiction under
this
Subsection
(7)(a)(i)
; and
(C)
make orders concerning the payment of restitution during the period for which
jurisdiction is extended;
(ii)
the juvenile court shall terminate any intake probation or formal probation of the
minor; and
(iii)
a designated staff member of the juvenile court shall submit a report to the
juvenile court every three months regarding the minor's efforts to pay restitution.
(b)
If the juvenile court finds that a minor is not making an effort to pay restitution, the
juvenile court shall:
(i)
terminate jurisdiction over the minor's case; and
(ii)
record the amount of unpaid restitution as a civil judgment in accordance with
Subsection
80-6-709(8)
.
(8)
If the juvenile court extends supervision or jurisdiction under this section, the grounds
for the extension and the length of any extension shall be recorded in the court records
and tracked in the data system used by the Administrative Office of the Courts and the
division.
(9)
If a minor leaves supervision without authorization for more than 24 hours, the
supervision period for the minor shall toll until the minor returns.
(10)
This section does not apply to any minor adjudicated under this chapter for:
(a)
Section
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section
76-5-203
, murder or attempted murder;
(d)
Section
76-5-205
, manslaughter;
(e)
Section
76-5-206
, negligent homicide;
(f)
Section
76-5-207
, automobile homicide;
(g)
Section
76-5-207.5
, automobile homicide involving using a wireless communication
device while operating a motor vehicle;
(h)
Section
76-5-208
, child abuse homicide;
(i)
Section
76-5-209
, homicide by assault;
(j)
Section
76-5-211
, aiding or encouraging suicide;
(j)
(k)
Section
76-5-302
, aggravated kidnapping;
(k)
(l)
Section
76-5-405
, aggravated sexual assault;
(l)
(m)
a felony violation of Section
76-6-103
, aggravated arson;
(m)
(n)
Section
76-6-203
, aggravated burglary;
(n)
(o)
Section
76-6-302
, aggravated robbery;
(o)
(p)
Section
76-11-210
, felony discharge of a firearm;
(p)
(q)
(i)
an offense other than an offense listed in Subsections
(10)(a)
through
(o)
(p)
involving the use of a dangerous weapon, as defined in Section
76-1-101.5
,
that is a felony; and
(ii)
the minor has been previously adjudicated or convicted of an offense involving
the use of a dangerous weapon; or
(q)
(r)
a felony offense other than an offense listed in Subsections
(10)(a)
through
(p)
(q)
and the minor has been previously committed to the division for secure care.
Section 17. Section
80-6-804
is amended to read:
80-6-804
. Review and termination of secure care.
(1)
If a juvenile offender is ordered to secure care under Section
80-6-705
, the juvenile
offender shall appear before the authority within 45 days after the day on which the
juvenile offender is ordered to secure care for review of a treatment plan and to establish
parole release guidelines.
(2)
(a)
Except as provided in Subsections
(2)(b)
and
(2)(h)
, if a juvenile offender is
ordered to secure care under Section
80-6-705
, the authority shall set a presumptive
term of secure care for the juvenile offender from three to six months, but the
presumptive term may not exceed six months.
(b)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may immediately release the juvenile offender on parole if there is a
treatment program available for the juvenile offender in a community-based setting.
(c)
Except as provided in Subsection
(2)(h)
, the authority shall release the juvenile
offender on parole at the end of the presumptive term of secure care unless:
(i)
termination would interrupt the completion of a treatment program determined to
be necessary by the results of a validated risk and needs assessment under Section
80-6-606
; or
(ii)
the juvenile offender commits a new misdemeanor or felony offense.
(d)
The authority shall determine whether a juvenile offender has completed a treatment
program under Subsection
(2)(c)(i)
by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
Except as provided in Subsection
(2)(h)
, the authority may extend the length of
secure care and delay parole release for the time needed to address the specific
circumstance if one of the circumstances under Subsection
(2)(c)
exists.
(f)
The authority shall:
(i)
record the length of the extension and the grounds for the extension; and
(ii)
report annually the length and grounds of extension to the commission.
(g)
Records under Subsection
(2)(f)
shall be tracked in the data system used by the
juvenile court and the division.
(h)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may not:
(i)
set a juvenile offender's presumptive term of secure care under Subsection
(2)(a)

that would result in a term of secure care that exceeds a term of incarceration for
an adult under Section
76-3-204
for the same misdemeanor offense; or
(ii)
extend the juvenile offender's term of secure care under Subsections
(2)(c)
and
(e)

if the extension would result in a term of secure care that exceeds the term of
incarceration for an adult under Section
76-3-204
for the same misdemeanor
offense.
(3)
(a)
If a juvenile offender is ordered to secure care, the authority shall set a
presumptive term of parole supervision, including aftercare services, from three to
four months, but the presumptive term may not exceed four months.
(b)
If the authority determines that a juvenile offender is unable to return home
immediately upon release, the juvenile offender may serve the term of parole:
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee
if the minor does not qualify for an independent living program due to age,
disability, or another reason or the minor cannot be placed with a qualifying
relative or guardian.
(c)
The authority shall release a juvenile offender from parole and terminate the
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i)
termination would interrupt the completion of a treatment program that is
determined to be necessary by the results of a validated risk and needs assessment
under Section
80-6-606
;
(ii)
the juvenile offender commits a new misdemeanor or felony offense; or
(iii)
restitution has not been completed.
(d)
The authority shall determine whether a juvenile offender has completed a treatment
program under Subsection
(3)(c)(i)
by considering:
(i)
the recommendations of the licensed service provider;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
If one of the circumstances under Subsection
(3)(c)
exists, the authority may delay
parole release only for the time needed to address the specific circumstance.
(f)
The authority shall:
(i)
record the grounds for extension of the presumptive length of parole and the
length of the extension; and
(ii)
report annually the extension and the length of the extension to the commission.
(g)
Records under Subsection
(3)(f)
shall be tracked in the data system used by the
juvenile court and the division.
(h)
If a juvenile offender leaves parole supervision without authorization for more than
24 hours, the term of parole shall toll until the juvenile offender returns.
(4)
Subsections
(2)
and
(3)
do not apply to a juvenile offender ordered to secure care for:
(a)
Section
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section
76-5-203
, murder or attempted murder;
(d)
Section
76-5-205
, manslaughter;
(e)
Section
76-5-206
, negligent homicide;
(f)
Section
76-5-207
, automobile homicide;
(g)
Section
76-5-207.5
, automobile homicide involving using a wireless communication
device while operating a motor vehicle;
(h)
Section
76-5-208
, child abuse homicide;
(i)
Section
76-5-209
, homicide by assault;
(j)
Section
76-5-211
, aiding or encouraging suicide;
(j)
(k)
Section
76-5-302
, aggravated kidnapping;
(k)
(l)
Section
76-5-405
, aggravated sexual assault;
(l)
(m)
a felony violation of Section
76-6-103
, aggravated arson;
(m)
(n)
Section
76-6-203
, aggravated burglary;
(n)
(o)
Section
76-6-302
, aggravated robbery;
(o)
(p)
Section
76-11-210
, felony discharge of a firearm;
(p)
(q)
(i)
an offense other than an offense listed in Subsections
(4)(a)
through
(o)
(p)

involving the use of a dangerous weapon, as defined in Section
76-1-101.5
, that is
a felony; and
(ii)
the juvenile offender has been previously adjudicated or convicted of an offense
involving the use of a dangerous weapon, as defined in Section
76-1-101.5
; or
(q)
(r)
an offense other than an offense listed in Subsections
(4)(a)
through
(p)
(q)
and
the juvenile offender has been previously ordered to secure care.
Section 18.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 11:41 AM