Child Sexual Abuse Material Amendments

67
9-7-215
17-72-301
26B-1-234
26B-2-120
53-29-202
53-29-203
53-29-205
63G-2-103
63M-7-404.5
67-5-21
76-3-203.5
76-3-407
76-5b-103
76-5b-206
76-5b-207
76-5b-208
76-5b-209
76-5b-301
76-5d-202
76-17-401
77-4-201
77-11a-101
80-1-102
81-9-402
81-13-203
9-7-215
17-72-301
26B-1-234
26B-2-120
53-29-202
53-29-203
53-29-205
63G-2-103
63M-7-404.5
67-5-21
76-3-203.5
76-3-407
76-5b-103
76-5b-206
76-5b-207
76-5b-208
76-5b-209
76-5b-301
76-5d-202
76-17-401
77-4-201
77-11a-101
80-1-102
81-9-402
81-13-203
0
Child Sexual Abuse Material Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses offenses related to child sexual abuse material.
Highlighted Provisions:
This bill:
defines the term of "apparent child sexual abuse material" to address material created or
generated by artificial intelligence that depicts realistic minors;
defines the term of "obscene child sexual abuse material";
amends the definition of "child sexual abuse material" to remove artificially generated
material;
creates standalone offenses for:
possession of
apparent child sexual abuse material;
distribution of
apparent child sexual abuse material in certain circumstances; and
producing, distributing, receiving, or possessing with intent to distribute, obscene
child sexual abuse material; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-7-215
, as last amended by Laws of Utah 2025, Chapter 173
17-72-301
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
26B-1-234
, as last amended by Laws of Utah 2023, Chapter 231 and renumbered and
amended by Laws of Utah 2023, Chapter 305
26B-2-120
, as last amended by Laws of Utah 2025, Chapter 63
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
63G-2-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63M-7-404.5
, as enacted by Laws of Utah 2024, Chapter 208
67-5-21
, as last amended by Laws of Utah 2023, Chapter 231
76-3-203.5
, as last amended by Laws of Utah 2025, Chapters 173, 174, 208, and 284
76-3-407
, as last amended by Laws of Utah 2025, Chapters 173, 223
76-5b-103
, as last amended by Laws of Utah 2025, Chapters 223, 320
76-5b-206
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5b-301
, as renumbered and amended by Laws of Utah 2011, Chapter 320
76-5d-202
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-4-201
, as enacted by Laws of Utah 2023, Chapter 231
77-11a-101
, as last amended by Laws of Utah 2024, Chapter 80
80-1-102
, as last amended by Laws of Utah 2025, Chapter 426
81-9-402
, as last amended by Laws of Utah 2025, Chapter 426
81-13-203
, as renumbered and amended by Laws of Utah 2025, Chapter 426
ENACTS:
76-5b-207
, Utah Code Annotated 1953
76-5b-208
, Utah Code Annotated 1953
76-5b-209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
9-7-215
is amended to read:
9-7-215
. Internet and online access policy required.
(1)
As used in this section:
(a)
"Apparent child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(a)
(b)
"Child sexual abuse material" means the same as that term is defined in Section
76-5b-103
.
(b)
(c)
"Harmful to minors" means the same as that term is defined in Section
76-5c-101
.
(c)
(d)
"Obscene" means the same as that term is defined in 20 U.S.C. Sec. 9101.
(e)
"Obscene child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(d)
(f)
"Technology protection measure" means a technology that blocks or filters
Internet
i
n
t
e
r
n
e
t
access to visual depictions.
(2)
State funds may not be provided to any public library that provides public access to the
Inter
net
internet

unless the library:
(a)
(i)
has in place a policy of
Internet
i
n
t
e
r
n
e
t
safety for minors, including the
operation of a technology protection measure:
(A)
with respect to any computer or other device while connected to the
Internet
i
n
t
e
r
n
e
t
through a network provided by the library, including a wireless
network; and
(B)
that protects against access to visual depictions that are child sexual abuse
materials,
apparent child sexual abuse materials, obscene child sexual abuse
materials,
harmful to minors, or obscene; and
(ii)
is enforcing the operation of the technology protection measure described in
Subsection
(2)(a)(i)
during any use by a minor of a computer or other device that
is connected to the
Internet
i
n
t
e
r
n
e
t
through a network provided by the library,
including a wireless network; and
(b)
(i)
has in place a policy of
Internet
internet
safety, including the operation of a
technology protection measure:
(A)
with respect to any computer or other device while connected to the
Internet
internet
through a network provided by the library, including a wireless
network; and
(B)
that protects against access to visual depictions that are child sexual abuse
materials,
apparent child sexual abuse materials, obscene child sexual abuse
materials,
harmful to minors, or obscene; and
(ii)
is enforcing the operation of the technology protection measure described in
Subsection
(2)(b)(i)
during any use of a computer or other device that is connected
to the
Internet
internet
through a network provided by the library, including a
wireless network.
(3)
This section does not prohibit a public library from limiting
Internet
i
n
t
e
r
n
e
t
access or
otherwise protecting against materials other than the materials specified in this section.
(4)
An administrator, supervisor, or other representative of a public library may disable a
technology protection measure described in Subsection
(2)
:
(a)
at the request of a library patron who is not a minor; and
(b)
to enable access for research or other lawful purposes.
Section 2. Section
17-72-301
is amended to read:
17-72-301
. General duties.
(1)
The sheriff shall:
(a)
preserve the peace;
(b)
make all lawful arrests;
(c)
(i)
attend in person or by deputy:
(A)
the Supreme Court and the Court of Appeals when required; or
(B)
when the court is held within the sheriff's county, all courts of record, and
court commissioner and referee sessions held within the sheriff's county;
(ii)
obey a court's lawful orders and directions; and
(iii)
comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
Administration;
(d)
upon request of the juvenile court, aid the court in maintaining order during hearings
and transport a minor to and from youth corrections facilities, other institutions, or
other designated places;
(e)
attend county justice courts if the judge finds that the matter before the court requires
the sheriff's attendance for security, transportation, and escort of prisoners in the
sheriff's custody, or for the custody of jurors;
(f)
command the aid of as many inhabitants of the sheriff's county as the sheriff
considers necessary in the execution of duties described in this section;
(g)
take charge of and keep the county jail and prisoners in the county jail as described
in
Part 4, County Jails
, and
Part 5, Responsibility for Prisoners
;
(h)
(i)
receive and safely keep all prisoners committed to the sheriff's custody;
(ii)
file and preserve the commitments of prisoners; and
(iii)
record the name, age, place of birth, and description of each prisoner;
(i)
release on the record all attachments of real property when the attachment the sheriff
receives has been released or discharged;
(j)
endorse on all process and notices the year, month, day, hour, and minute of
reception, and, upon payment of fees, issue a certificate to the individual delivering
process or notice showing the names of the parties, title of paper, and the time of
receipt;
(k)
serve all process and notices as prescribed by
Part 7
, Process Service and Duty to the
Court, or any other provision of law;
(l)
(i)
if the sheriff makes service of process or notice, certify on the process or notices
the manner, time, and place of service; or
(ii)
if the sheriff fails to make service, certify the reason upon the process or notice,
and return them without delay;
(m)
extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
land within the sheriff's county;
(n)
perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into
under the authority of Section
17-65-405
;
(o)
manage and direct search and rescue services in the sheriff's county, including
emergency medical responders and other related incident response activities;
(p)
obtain saliva DNA specimens as required under Section
53-10-404
;
(q)
on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by
considerations of race, color, ethnicity, age, or gender;
(r)
as applicable, select a representative of law enforcement to serve as a member of a
child protection team, as defined in Section
80-1-102
;
(s)
appoint a county security chief in accordance with Section
53-22-103
and ensure the
county security chief fulfills the county security chief's duties;
(t)
ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal
charges has:
(i)
a private and confidential space to review discovery and other evidence or
documents related to the prisoner's criminal case with the prisoner's counsel; and
(ii)
the means to access and review discovery and other evidence or documents
related to the prisoner's criminal case, with or without the prisoner's counsel,
including the means to access and review digital, audio, video, or other
technological evidence or documents; and
(u)
perform any other duties that are required by law.
(2)
(a)
Violation of Subsection
(1)(j)
is a class C misdemeanor.
(b)
Violation of any other subsection under Subsection
(1)
is a class A misdemeanor.
(3)
(a)
A prisoner may access or review discovery, evidence, or other documents under
Subsection
(1)(t)
with:
(i)
technology provided by the jail; or
(ii)
technology, including a computer, that is approved by the jail and is provided by
the prisoner's counsel.
(b)
If a prisoner's counsel leaves discovery, evidence, or other documents with the
prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or
other documents does not include:
(i)
any visual depiction of an individual who is younger than 18 years old;
(ii)
any personal identifying information of an individual other than the prisoner;
(iii)
any financial information of a person other than the prisoner;
(iv)
any child sexual abuse material as defined in Section
76-5b-103
;
(v)
any apparent child sexual abuse material as defined in Section
76-5b-103
;
(vi)
any obscene child sexual abuse material as defined in Section
76-5b-103
;
(v)
(vii)
any intimate image as defined in Section
76-5b-203
; or
(vi)
(viii)
any visual depiction or information for which possession is prohibited, by
policy, at the jail.
Section 3. Section
26B-1-234
is amended to read:
26B-1-234
. Handling of child sexual abuse material.
(1)
As used in this section:
(a)
"Apparent child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(a)
(b)
"Child sexual abuse material" means the same as that term is defined in Section
76-5b-103
.
(c)
"Obscene child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(b)
(d)
"Secure" means to prevent and prohibit access, electronic upload, transmission,
or transfer of an image.
(2)
The department or a division within the department may not retain child sexual abuse
material
, apparent child sexual abuse material, or obscene child sexual abuse material

longer than is necessary to comply with the requirements of this section.
(3)
When the department or a division within the department obtains child sexual abuse
material
, apparent child sexual abuse material, or obscene child sexual abuse material
as
a result of an employee unlawfully viewing child sexual abuse material
, apparent child
sexual abuse material, or obscene child sexual abuse material
, the department or division
shall consult with and follow the guidance of the Division of Human Resource
Management regarding personnel action and local law enforcement regarding retention
of the child sexual abuse material
, apparent child sexual abuse material, or obscene child
sexual abuse material
.
(4)
When the department or a division within the department obtains child sexual abuse
material
, apparent child sexual abuse material, or obscene child sexual abuse material
as
a result of a report or an investigation, the department or division shall immediately
secure the child sexual abuse material
, apparent child sexual abuse material, or obscene
child sexual abuse material
, or the electronic device if the child sexual abuse material

,
apparent child sexual abuse material, or obscene child sexual abuse material
is digital,
and contact the law enforcement office that has jurisdiction over the area where the
division's case is located.
Section 4. Section
26B-2-120
is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification,
contract, or licensee with the department under this part and has direct access,
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for
an adoption in accordance with Section
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member
with a disability, or is in recovery from a mental illness or a substance use
disorder;
(G)
an individual who has lived experience with the services provided by the
department, and uses that lived experience to provide support, guidance, or
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
the practice of mental health therapy, as defined in Section
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service,
who is 12 years old or older and resides in a home, that is licensed or certified
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification,
contract, or licensee with the department under this part and has or will likely
have direct access;
(K)
a foster home licensee that submits an application for an annual background
screening as required by Subsection
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for
People with Disabilities, if the parent provides direct care to and resides with
the person, including if the parent provides direct care to and resides with the
person
pursuant to
in accordance with
a court order; or
(D)
an individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule adopted by the
Department of Health and Human Services in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
director or a member, as defined by Section
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense;
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will
have the opportunity for personal communication or touch with the child or
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal
identifying information of the child, the child's parent or legal guardian, or the
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
(h)
"Licensee" means an individual or a human services program licensed by the
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System
described in Section
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53,
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection
(12)
, an applicant or a representative shall submit the
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections
(3)(c)
and
(4)
;
(d)
if an applicant resided outside of the United States and its territories during the five
years immediately
preceding
before
the day on which the information described in
Subsections
(2)(a)
through
(c)
is submitted to the office, documentation establishing
whether the applicant was convicted of a crime during the time that the applicant
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a
licensee with the department, for the purpose of the office tracking the direct access
qualified status of the applicant, which expires 180 days after the date on which the
applicant is no longer associated with a certification, contract, or a licensee with the
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and
regional criminal background databases as authorized under Section
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national
sex offender registry for an applicant 18 years old or older;
(v)
search the Division of Child and Family Services' Management Information
System in Section
80-2-1001
, if the applicant is:
(A)
a prospective foster or adoptive parent;
(B)
an employee of a congregate care program; or
(C)
an adult who lives in a foster home.
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse
or neglect described in Section
80-3-404
or
80-3-504
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as
provided under Section
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining
whether an applicant is direct access qualified, as provided by rule, made by the
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to
the bureau for checking, retaining, and monitoring of state and national criminal
background databases and for notifying the office of new criminal activity associated
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant
is associated with more than one certification, contract, or licensee with the
department;
(e)
shall notify the bureau when a direct access qualified individual has not been
associated with a certification, contract, or licensee with the department for a period
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely
to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information
the office reviews under this Subsection
(3)
;
(g)
as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any applicant working in a congregate care program,
shall:
(i)
search the Division of Child and Family Services' Licensing Information System
described in Section
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately
preceding
before

the day on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection
(3)
relating to
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under
Subsection
(3)
, the bureau shall check against state and regional criminal background
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the
bureau under Subsection
(3)
, the bureau shall check against national criminal
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection
(3)(c)
, the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e)
The bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer
be associated with a certification, contract, or licensee with the department, the
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the
Federal Bureau of Investigation will discard and destroy the retained fingerprints
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection
(5)(b)
, the office shall deny direct access
qualified status to an applicant who, within three years from the date on which the
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery,
cruelty to animals, or bestiality;
(B)
a violation of any pornography law,
including sexual
or an offense involving

exploitation of a minor
or
as described in Section
76-5b-201
,
aggravated
sexual exploitation of a minor
as described in Section
76-5b-201.2
, possession
of apparent child sexual abuse material as described in Section
76-5b-207
,
distribution of apparent child sexual abuse material as described in Section
76-5b-208
, or unlawful activity regarding obscene material depicting the
sexual abuse of a minor as described in Section
76-5b-209
;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 5, Part 1, 2, 3, 4, or 7;
(F)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act, other
than Section
76-5b-206
;
(G)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(H)
an offense included in
Title 76, Chapter 12, Part 3, Privacy Offenses
;
(I)
an offense included in
Title 76, Chapter 15, Part 3, Weapons of Mass
Destruction
;
(J)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
Injunctions;
(K)
aggravated arson, as described in Section
76-6-103
;
(L)
aggravated burglary, as described in Section
76-6-203
;
(M)
aggravated exploitation of prostitution, as described in Section
76-5d-208
;
(N)
aggravated robbery, as described in Section
76-6-302
;
(O)
endangering persons in a human services program, as described in Section
26B-2-113
;
(P)
failure to report, as described in Section
80-2-609
;
(Q)
identity fraud crime, as described in Section
76-6-1102
;
(R)
riot, as described in Section
76-9-101
; or
(S)
threatening with or using a dangerous weapon in a fight or quarrel, as
described in Section
76-11-207
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsection
(5)(a)(i)
.
(b)
(i)
Subsection
(5)(a)
does not apply to an applicant who is seeking a position as a
peer support provider or a mental health professional, if the applicant provides
services in a program that serves only adults with a primary mental health
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in
Subsection
(5)(b)(i)
in accordance with Subsection
(7)
.
(c)
Subject to Subsection
(5)(d)
, the office shall deny direct access qualified status to an
applicant who:
(i)
a court order prohibits from having direct access to a child or vulnerable adult; or
(ii)
is an applicant for a congregate care program and:
(A)
is subject to an open investigation for a non-criminal finding; or
(B)
has a supported non-criminal finding, excluding a supported finding for
dependency, as defined in Section
80-1-102
, within three years from the date
on which the office conducts the background check.
(d)
(i)
Subsection
(5)(c)
does not apply retrospectively for congregate care program
employees who have an approved background screening on or before July 1,
2025; or
(ii)
notwithstanding Subsection
(5)(c)(ii)(A)
, the division may grant temporary direct
access qualified status to an applicant subject to a condition that the applicant is
directly supervised at all times.
(6)
The office shall conduct a comprehensive review of an applicant's background check if
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from
the date on which the office conducts the background check, for an offense described
in Subsection
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on
which the office conducts the background check for an offense not described in
Subsection
(5)(a)
;
(c)
has a felony charge or conviction that is more than 10 years from the date on which
the office conducts the background check, for an offense not described in Subsection
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than
three years and no more than 10 years from the date on which the office conducts the
background check for an offense described in Subsection
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10
years from the date on which the office conducts the background check, for an
offense described in Subsection
(5)(a)
, with criminal or non-criminal findings after
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the
date on which the office conducts the background check for an offense not described
in Subsection
(5)(a)
;
(g)
has a misdemeanor charge or conviction that is more than three years from the date
on which the office conducts the background check, for an offense not described in
Subsection
(5)(a)
, with criminal or non-criminal findings after the date of charge or
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection
(5)(a)
;
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a
misdemeanor offense described in Subsection
(5)(a)
;
(k)
has a pending charge for an offense described in Subsection
(5)(a)
;
(l)
has a supported finding that occurred no more than 15 years from the date on which
the office conducts the background check in the Division of Child and Family
Services' Licensing Information System described in Section
80-2-1002
;
(m)
has a supported finding that occurred more than 15 years from the date on which the
office conducts the background check in the Division of Child and Family Services'
Licensing Information System described in Section
80-2-1002
, with criminal or
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on
which the office conducts the background check of severe child abuse or neglect
under Section
80-3-404
or
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which
the office conducts the background check of severe child abuse or neglect under
Section
80-3-404
or
80-3-504
, with criminal or non-criminal findings after the date of
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of
giving direct access qualified status to an applicant seeking a position in a
congregate care program or to become a prospective foster or adoptive parent, any
listing in the Division of Child and Family Services' Management Information
System described in Section
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access
qualified status to an applicant if the office finds the approval would likely create a
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant,
for a maximum of 60 days after the day on which the office sends written notice,
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a
maximum of one year after the day on which the office sends written notice, without
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this
section.
(c)
Upon receiving the results of the criminal history search of a national criminal
background database, the office shall grant or deny direct access qualified status to
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review
the current status of the applicant's background check to ensure the applicant is still
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to
provide the incidental care for the foster child.
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct
access qualified status shall not have direct access to a child or vulnerable adult
unless the office grants direct access qualified status to the applicant through a
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may
request a hearing in the department's Office of Administrative Hearings to challenge the
office's decision.
(12)
(a)
This Subsection
(12)
applies to an applicant associated with a certification,
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section
26B-2-105
, of the licensee
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis,
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background
check, the applicant has a felony or misdemeanor charge or conviction or a
non-criminal finding.
(13)
(a)
This Subsection
(13)
applies to an applicant seeking a position in a congregate
care program, an applicant seeking to provide a prospective foster home, an applicant
seeking to provide a prospective adoptive home, and each adult living in the home of
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant
resided in the five years immediately
preceding
before
the day on which the
applicant applied to be a foster or adoptive parent, to determine whether the
prospective foster or adoptive parent is listed in the registry as having a
substantiated or supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the
child abuse and neglect registry in each state where each adult living in the home
of the prospective foster or adoptive home resided in the five years immediately
preceding
before
the day on which the applicant applied to be a foster or adoptive
parent, to determine whether the adult is listed in the registry as having a
substantiated or supported finding of child abuse or neglect.
(c)
The requirements described in Subsection
(13)(b)
do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A)
a noncustodial parent under Section
80-2a-301
,
80-3-302
, or
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section
80-2a-301
,
80-3-302
,
or
80-3-303
, pending completion of the background check described in
Subsections
(5)
,
(6)
, and
(7)
.
(d)
Notwithstanding Subsections
(5)
through
(10)
, the office shall deny direct access
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Section
76-5-109
;
(B)
aggravated child abuse, as described in Section
76-5-109.2
;
(C)
child abandonment, as described in Section
76-5-109.3
;
(D)
child torture, as described in Section
76-5-109.4
;
(E)
commission of domestic violence in the presence of a child, as described in
Section
76-5-114
;
(F)
abuse or neglect of a child with a disability, as described in Section
76-5-110
;
(G)
intentional aggravated abuse of a vulnerable adult, as described in Section
76-5-111
;
(H)
endangerment of a child or vulnerable adult, as described in Section
76-5-112.5
;
(I)
aggravated murder, as described in Section
76-5-202
;
(J)
murder, as described in Section
76-5-203
;
(K)
manslaughter, as described in Section
76-5-205
;
(L)
child abuse homicide, as described in Section
76-5-208
;
(M)
homicide by assault, as described in Section
76-5-209
;
(N)
kidnapping, as described in Section
76-5-301
;
(O)
child kidnapping, as described in Section
76-5-301.1
;
(P)
aggravated kidnapping, as described in Section
76-5-302
;
(Q)
human trafficking of a child, as described in Section
76-5-308.5
;
(R)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than
Section
76-5-417
,
76-5-418
, or
76-5-419
;
(S)
sexual exploitation of a minor, as described in
Title 76, Chapter 5b, Sexual
Exploitation Act
Section
76-5b-201
;
(T)
aggravated exploitation of a minor, as described in Section
76-5b-201.1
;
(U)
possession of apparent child sexual abuse material, as described in Section
76-5b-207
;
(V)
distribution of apparent child sexual abuse material, as described in Section
76-5b-208
;
(W)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor, as described in Section
76-5b-209
;
(U)
(X)
aggravated arson, as described in Section
76-6-103
;
(V)
(Y)
aggravated burglary, as described in Section
76-6-203
;
(W)
(Z)
aggravated robbery, as described in Section
76-6-302
;
(X)
(AA)
incest, as described in Section
76-7-102
; or
(Y)
(BB)
domestic violence, as described in Section
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection
(13)(d)(i)
.
(e)
Notwithstanding Subsections
(5)
through
(10)
, the office shall deny direct access
qualified status to an applicant if, within the five years from the date on which the
office conducts the background check, the applicant was convicted of a felony
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section
76-5-103.5
;
(iii)
mayhem, as described in Section
76-5-105
;
(iv)
an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v)
an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi)
an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii)
an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii)
an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(f)
In addition to the circumstances described in Subsection
(6)
, the office shall conduct
a comprehensive review of an applicant's background check under this section if the
applicant:
(i)
has an offense described in Subsection
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information
System described in Section
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult,
neglect, or exploitation database described in Section
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section
80-3-404
or
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection
(13)(b)
as having a
substantiated or supported finding of a severe type of child abuse or neglect, as
defined in Section
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive
review described in Subsections
(6)
,
(7)
, and
(13)
; and
(b)
determine whether to consider an offense or incident that occurred while an
individual was in the custody of the Division of Child and Family Services or the
Division of Juvenile Justice and Youth Services for purposes of granting or denying
direct access qualified status to an applicant.
Section 5. 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)
possession of apparent child sexual abuse material under Section
76-5b-207
;
(xxvii)
distribution of apparent child sexual abuse material under Section
76-5b-208
;
(xxviii)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor under Section
76-5b-209
;
(xxvi)
(xxix)
incest under Section
76-7-102
;
(xxvii)
(xxx)
lewdness under Section
76-5-419
, if the individual has been convicted
of the offense four or more times;
(xxviii)
(xxxi)
sexual battery under Section
76-5-418
, if the individual has been
convicted of the offense four or more times;
(xxix)
(xxxii)
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)
(xxxiii)
lewdness involving a child under Section
76-5-420
;
(xxxi)
(xxxiv)
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)
(xxxv)
aggravated exploitation of prostitution under Section
76-5d-208
;
(xxxiii)
(xxxvi)
kidnapping under Subsection
76-5-301(2)(c)
or
(d)
, if the offender
was not the natural parent of the child victim;
(xxxiv)
(xxxvii)
child kidnapping under Section
76-5-301.1
, if the offender was not
the natural parent of the child victim;
(xxxv)
(xxxviii)
aggravated kidnapping under Section
76-5-302
, if the offender was
not the natural parent of the child victim;
(xxxvi)
(xxxix)
human trafficking for labor under Section
76-5-308
, if the offender
was not the natural parent of the child victim;
(xxxvii)
(xl)
human smuggling under Section
76-5-308.3
, if the offender was not the
natural parent of the child victim;
(xxxviii)
(xli)
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)
(xlii)
aggravated human trafficking for labor under Section
76-5-310
, if the
offender was not the natural parent of the child victim;
(xl)
(xliii)
aggravated human smuggling under Section
76-5-310.1
, if the offender
was not the natural parent of the child victim;
(xli)
(xliv)
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)
(xlv)
attempting, soliciting, or conspiring to commit a felony violation of an
offense listed in Subsections
(1)(a)(i)
through
(xl)
(xliii)
;
(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)
wh
o

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)
(xxxv)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(iii)
through
(xxxii)
(xxxv)
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)
through (xli)
(1)(a)(xxxvi) through (xliv)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(xxxiii)
through (xli)
(1)(a)(xxxvi) through (xliv)
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 6. 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)
;
(xviii)
incest under Section
76-7-102
;
(xix)
four to seven convictions of lewdness under Section
76-5-419
;
(xx)
four to seven convictions of sexual battery under Section
76-5-418
;
(xxi)
any combination of convictions of lewdness under Section
76-5-419
, and of
sexual battery under Section
76-5-418
, that total four to seven convictions;
(xxii)
lewdness involving a child under Section
76-5-420
;
(xxiii)
a felony or class A misdemeanor violation of:
(A)
voyeurism under Section
76-12-306
;
(B)
recorded or photographed voyeurism under Section
76-12-307
; or
(C)
distribution of images obtained through voyeurism under Section
76-12-308
;
(xxiv)
aggravated exploitation of prostitution under Section
76-5d-208
, committed on
or before May 9, 2011;
(xxv)
attempting, soliciting, or conspiring to commit an offense listed in
Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a
registrable offense; or
(xxvi)
attempting, soliciting, or conspiring to commit:
(A)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(B)
human trafficking for sexual exploitation under Section
76-5-308.1
, if the
offender was not the natural parent of the child victim;
(C)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(D)
aggravated human trafficking for sexual exploitation under Section
76-5-310
,
if the offender was not the natural parent of the child victim;
(E)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
, if the offender was not the natural parent of the child victim;
(F)
forcible sodomy under Section
76-5-403
;
(G)
sexual abuse of a child under Section
76-5-404.1
;
(H)
sexual exploitation of a minor under Section
76-5b-201
;
(I)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(J)
aggravated sexual extortion under Subsection
76-5b-204(2)(b)
;
or
(K)
possession of apparent child sexual abuse material under Section
76-5b-207
;
(L)
distribution of apparent child sexual abuse material under Section
76-5b-208
;
(M)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor under Section
76-5b-209
; or
(K)
(N)
aggravated exploitation of prostitution under Section
76-5d-208
, on or
after May 10, 2011; or
(b)
the offender's lifetime if the registrable offense is:
(i)
a conviction for an offense described in Subsection
(1)(a)
, if the offender has, at
the time of conviction for the offense:
(A)
previously been convicted of an offense described in Subsection
(1)(a)
, or a
substantially equivalent offense in an external jurisdiction; or
(B)
previously been required to register as an offender for an offense described in
Subsection
(1)(a)
committed as a juvenile;
(ii)
a following offense, including attempting, soliciting, or conspiring to commit a
felony violation of:
(A)
child kidnapping under Section
76-5-301.1
, if the offender was not the natural
parent of the child victim;
(B)
rape under Section
76-5-402
;
(C)
rape of a child under Section
76-5-402.1
;
(D)
object rape under Section
76-5-402.2
;
(E)
object rape of a child under Section
76-5-402.3
;
(F)
sodomy on a child under Section
76-5-403.1
;
(G)
aggravated sexual abuse of a child under Section
76-5-404.3
; or
(H)
aggravated sexual assault under Section
76-5-405
;
(iii)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(iv)
human trafficking for sexual exploitation under Section
76-5-308.1
, if the
offender was not the natural parent of the child victim;
(v)
human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(vi)
aggravated human trafficking for sexual exploitation under Section
76-5-310
, if
the offender was not the natural parent of the child victim;
(vii)
human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311
, if the offender was not the natural parent of the child victim;
(viii)
forcible sodomy under Section
76-5-403
;
(ix)
sexual abuse of a child under Section
76-5-404.1
;
(x)
sexual exploitation of a minor under Section
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(xii)
aggravated sexual extortion under Subsection
76-5b-204(2)(b)
;
(xiii)
aggravated exploitation of prostitution under Section
76-5d-208
, on or after
May 10, 2011; or
(xiv)
a felony violation of enticing a minor under Section
76-5-417
, if the offender
enticed the minor to engage in sexual activity that is one of the offenses described
in Subsections
(1)(b)(ii)
through (xiii).
(2)
An individual who qualifies as an offender based on a conviction in an external
jurisdiction for a registrable offense, or a substantially equivalent offense, 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
, apparent child sexual abuse material, or
obscene child sexual abuse material
, as
that term is
those terms are
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 7. 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)
;
(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)
;
or
(xi)
possession of apparent child sexual abuse material under Section
76-5b-207
;
(xii)
distribution of apparent child sexual abuse material under Section
76-5b-208
;
(xiii)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor under Section
76-5b-209
; or
(xi)
(xiv)
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 8. Section
63G-2-103
is amended to read:
63G-2-103
. Definitions.
As used in this chapter:
(1)
"Audit" means:
(a)
a systematic examination of financial, management, program, and related records for
the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes
and regulations.
(2)
"Chief administrative officer" means the chief administrative officer of a governmental
entity who is responsible to fulfill the duties described in Section
63A-12-103
.
(3)
"Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a)
the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b)
any arrests or jail bookings made by the agency.
(4)
"Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled,
protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(5)
(a)
"Computer program" means:
(i)
a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of
data from the computer system; and
(ii)
any associated documentation and source material that explain how to operate the
computer program.
(b)
"Computer program" does not mean:
(i)
the original data, including numbers, text, voice, graphics, and images;
(ii)
analysis, compilation, and other manipulated forms of the original data produced
by use of the program; or
(iii)
the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms
of the original data were to be produced manually.
(6)
(a)
"Contractor" means:
(i)
any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii)
any private, nonprofit organization that receives funds from a governmental entity.
(b)
"Contractor" does not mean a private provider.
(7)
"Controlled record" means a record containing data on individuals that is controlled as
provided by Section
63G-2-304
.
(8)
"Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a
majority of records in a record series would be given if classified and the classification
that other records typically present in the record series would be given if classified.
(9)
"Elected official" means each person elected to a state office, county office, municipal
office, school board or school district office, special district office, or special service
district office, but does not include judges.
(10)
"Explosive" means a chemical compound, device, or mixture:
(a)
commonly used or intended for the purpose of producing an explosion; and
(b)
that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i)
an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii)
the resultant gaseous pressures are capable of:
(A)
producing destructive effects on contiguous objects; or
(B)
causing death or serious bodily injury.
(11)
"Government audit agency" means any governmental entity that conducts an audit.
(12)
(a)
"Governmental entity" means:
(i)
executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
and Parole, the Board of Examiners, the National Guard, the Career Service
Review Office, the State Board of Education, the Utah Board of Higher
Education, and the State Archives;
(ii)
the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
legislative committees, except any political party, group, caucus, or rules or sifting
committee of the Legislature;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(v)
any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section
63G-2-701
, this chapter shall apply to the political subdivision to the extent
specified in Section
63G-2-701
or as specified in any other section of this chapter
that specifically refers to political subdivisions.
(b)
"Governmental entity" also means:
(i)
every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection
(12)(a)
that is funded or established
by the government to carry out the public's business;
(ii)
as defined in Section
11-13-103
, an interlocal entity or joint or cooperative
undertaking, except for the Water District Water Development Council created
pursuant to
in accordance with
Section
11-13-228
;
(iii)
as defined in Section
11-13a-102
, a governmental nonprofit corporation;
(iv)
an association as defined in Section
53G-7-1101
;
(v)
the Utah Independent Redistricting Commission; and
(vi)
a law enforcement agency, as defined in Section
53-1-102
, that employs one or
more law enforcement officers, as defined in Section
53-13-103
.
(c)
"Governmental entity" does not include the Utah Educational Savings Plan created in
Section
53H-10-202
.
(13)
"Government Records Office" means the same as that term is defined in Section
63A-12-201
.
(14)
"Gross compensation" means every form of remuneration payable for a given period to
an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and
any similar benefit received from the individual's employer.
(15)
"Individual" means a human being.
(16)
(a)
"Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties
describing official actions initially taken in response to either a public complaint
about or the discovery of an apparent violation of law, which report may describe:
(i)
the date, time, location, and nature of the complaint, the incident, or offense;
(ii)
names of victims;
(iii)
the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv)
the general nature of any injuries or estimate of damages sustained in the incident;
(v)
the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi)
the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b)
Initial contact reports do not include follow-up or investigative reports prepared after
the initial contact report. However, if the information specified in Subsection
(16)(a)

appears in follow-up or investigative reports, it may only be treated confidentially if
it is private, controlled, protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(c)
Initial contact reports do not include accident reports, as that term is described in
Title
41, Chapter 6a, Part 4
, Accident Responsibilities.
(17)
"Legislative body" means the Legislature.
(18)
"Notice of compliance" means a statement confirming that a governmental entity has
complied with an order of the director of the Government Records Office.
(19)
"Person" means:
(a)
an individual;
(b)
a nonprofit or profit corporation;
(c)
a partnership;
(d)
a sole proprietorship;
(e)
other type of business organization; or
(f)
any combination acting in concert with one another.
(20)
"Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(21)
"Private record" means a record containing data on individuals that is private as
provided by Section
63G-2-302
.
(22)
"Protected record" means a record that is classified protected as provided by Section
63G-2-305
.
(23)
"Public record" means a record that is not private, controlled, or protected and that is
not exempt from disclosure as provided in Subsection
63G-2-201(3)(b)
.
(24)
"Reasonable search" means a search that is:
(a)
reasonable in scope and intensity; and
(b)
not unreasonably burdensome for the government entity.
(25)
(a)
"Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of
physical form or characteristics:
(i)
that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii)
where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b)
"Record" does not include:
(i)
a personal note or personal communication prepared or received by an employee
or officer of a governmental entity:
(A)
in a capacity other than the employee's or officer's governmental capacity; or
(B)
that is unrelated to the conduct of the public's business;
(ii)
a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the
originator is working;
(iii)
material that is legally owned by an individual in the individual's private capacity;
(iv)
material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v)
proprietary software;
(vi)
junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii)
a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii)
material that is cataloged, indexed, or inventoried and contained in the
collections of a library open to the public, regardless of physical form or
characteristics of the material;
(ix)
a daily calendar ;
(x)
a note prepared by the originator for the originator's own use or for the sole use of
an individual for whom the originator is working;
(xi)
a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xii)
a note or internal memorandum prepared as part of the deliberative process by:
(A)
a member of the judiciary;
(B)
an administrative law judge;
(C)
a member of the Board of Pardons and Parole; or
(D)
a member of any other body, other than an association or appeals panel as
defined in Section
53G-7-1101
, charged by law with performing a
quasi-judicial function;
(xiii)
a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity,
provided
that
if
the employee or officer of the governmental entity has designated at least
one business telephone number that is a public record as provided in Section
63G-2-301
;
(xiv)
information provided by the Public Employees' Benefit and Insurance Program,
created in Section
49-20-103
, to a county to enable the county to calculate the
amount to be paid to a health care provider under Subsection
17-63-706(2)(e)(ii)
;
(xv)
information that an owner of unimproved property provides to a local entity as
provided in Section
11-42-205
;
(xvi)
a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under
Section
67-5b-102
;
(xvii)
apparent child sexual abuse material, as defined by Section
76-5b-103
;
(xvii)
(xviii)
child sexual abuse material, as defined by Section
76-5b-103
;
(xix)
obscene child sexual abuse material, as defined in Section
76-5b-103
;
(xviii)
(xx)
before final disposition of an ethics complaint occurs, a video or audio
recording of the closed portion of a meeting or hearing of:
(A)
a Senate or House Ethics Committee;
(B)
the Independent Legislative Ethics Commission;
(C)
the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D)
the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
;
(xix)
(xxi)
confidential communication described in Section
58-60-102
,
58-61-102
,
or
58-61-702
;
(xx)
(xxii)
any item described in Subsection
(25)(a)
that is:
(A)
described in Subsection
63G-2-305(17)
,
(18),
or
(23)(b)
; and
(B)
shared between any of the following entities:
(I)
the Division of Risk Management;
(II)
the Office of the Attorney General;
(III)
the governor's office; or
(IV)
the Legislature;
(xxi)
(xxiii)
the email address that a candidate for elective office provides to a filing
officer under Subsection
20A-9-201(5)(c)(ii)
or
20A-9-203(4)(c)(iv)
; or
(xxii)
(xxiv)
except as provided in Sections
31A-16-105
,
31A-16-107.5
, and
27a-3-303
, an investment policy, or information related to an investment policy,
provided to the insurance commissioner as described in Title
31A, Chapter 18
,
Investments.
(26)
"Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.
(27)
"Records officer" means the individual appointed by the chief administrative officer of
each governmental entity, or the political subdivision to work with state archives in the
care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(28)
"Schedule," "scheduling," and their derivative forms mean the process of specifying
the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(29)
"Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and
Budget:
(a)
conducted:
(i)
by an institution within the state system of higher education described in Section
53H-1-102
; and
(ii)
through an office responsible for sponsored projects or programs; and
(b)
funded or otherwise supported by an external:
(i)
person that is not created or controlled by the institution within the state system of
higher education; or
(ii)
federal, state, or local governmental entity.
(30)
"State archives" means the Division of Archives and Records Service created in
Section
63A-12-101
.
(31)
"State archivist" means the director of the state archives.
(32)
"Summary data" means statistical records and compilations that contain data derived
from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 9. Section
63M-7-404.5
is amended to read:
63M-7-404.5
. Juvenile disposition guidelines.
(1)
The sentencing commission shall establish and maintain juvenile disposition guidelines
that:
(a)
respond to public comment;
(b)
relate dispositional practices and rehabilitative resources;
(c)
increase equity in disposition orders;
(d)
better define responsibility for disposition orders; and
(e)
enhance the discretion of the juvenile court while preserving the role of the Youth
Parole Authority.
(2)
The juvenile disposition guidelines shall address how to appropriately respond to
negative and positive behavior of juveniles who are:
(a)
nonjudicially adjusted;
(b)
placed on diversion;
(c)
placed on probation;
(d)
placed on community supervision;
(e)
placed in an out-of-home placement; or
(f)
placed in a secure care facility.
(3)
The juvenile disposition guidelines shall include:
(a)
other sanctions and incentives including:
(i)
recommended responses that are swift and certain;
(ii)
a continuum of community-based options for juveniles living at home;
(iii)
recommended responses that target the juvenile's criminogenic risk and needs;
and
(iv)
recommended incentives for compliance, including earned discharge credits;
(b)
a recommendation that, when a juvenile court interacts with a juvenile described in
Subsection
(2)
, the juvenile court shall consider:
(i)
the seriousness of the negative and positive behavior of the juvenile;
(ii)
the juvenile's conduct postadjudication; and
(iii)
the juvenile's delinquency history; and
(c)
appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
described in Section
76-5b-201
,
or
aggravated sexual exploitation of a minor as
described in Section
76-5b-201.1
,
possession of apparent child sexual abuse material
as described in Section
76-5b-207
, distribution of apparent child sexual abuse
material as described in Section
76-5b-208
, or unlawful activity regarding obscene
material depicting the sexual abuse of a minor under Section
76-5b-209
,
including
the application of aggravating and mitigating factors specific to the offense.
Section 10. Section
67-5-21
is amended to read:
67-5-21
. Internet Crimes Against Children (ICAC) unit creation -- Duties --
Employment of staff.
(1)
There is created within the Office of the Attorney General the Internet Crimes Against
Children (ICAC) unit to investigate and prosecute cases involving child sexual abuse
material
, apparent child sexual abuse material, or obscene child sexual abuse material as
those terms are defined in Section
76-5b-103
,
and cases involving enticing minors over
the
Internet
internet
into illegal sexual acts.
(2)
The attorney general may employ investigators, prosecutors, and necessary support staff
for the unit created under Subsection
(1)
.
Section 11. Section
76-3-203.5
is amended to read:
76-3-203.5
. Habitual violent offender -- Definition -- Procedure -- Penalty.
(1)
As used in this section:
(a)
"Felony" means any violation of a criminal statute of the state, any other state, the
United States, or any district, possession, or territory of the United States for which
the maximum punishment the offender may be subjected to exceeds one year in
prison.
(b)
"Habitual violent offender" means a person convicted within the state of any violent
felony and who on at least two previous occasions has been convicted of a violent
felony and committed to either prison in Utah or an equivalent correctional institution
of another state or of the United States either at initial sentencing or after revocation
of probation.
(c)
"Violent felony" means:
(i)
any of the following offenses, or any attempt, solicitation, or conspiracy to
commit any of the following offenses punishable as a felony:
(A)
arson as described in Section
76-6-102
;
(B)
causing a catastrophe as described in Subsection
76-6-105(3)(a)
or
(3)(b)
;
(C)
criminal mischief as described in Section
76-6-106
;
(D)
aggravated arson as described in Section
76-6-103
;
(E)
assault by prisoner as described in Section
76-5-102.5
;
(F)
disarming a police officer as described in Section
76-5-102.8
;
(G)
aggravated assault as described in Section
76-5-103
;
(H)
aggravated assault by prisoner as described in Section
76-5-103.5
;
(I)
mayhem as described in Section
76-5-105
;
(J)
stalking as described in Subsection
76-5-106.5(2)
;
(K)
threat of terrorism as described in Section
76-5-107.3
;
(L)
aggravated child abuse as described in Subsection
76-5-109.2(3)(a)
or
(b)
;
(M)
child torture as described in Section
76-5-109.4
;
(N)
commission of domestic violence in the presence of a child as described in
Section
76-5-114
;
(O)
abuse or neglect of a child with a disability as described in Section
76-5-110
;
(P)
abuse or exploitation of a vulnerable adult as described in Section
76-5-111
,
76-5-111.2
,
76-5-111.3
, or
76-5-111.4
;
(Q)
endangerment of a child or vulnerable adult as described in Section
76-5-112.5
;
(R)
an offense described in Chapter 5, Part 2, Criminal Homicide;
(S)
kidnapping as described in Section
76-5-301
;
(T)
child kidnapping as described in Section
76-5-301.1
;
(U)
aggravated kidnapping as described in Section
76-5-302
;
(V)
rape as described in Section
76-5-402
;
(W)
rape of a child as described in Section
76-5-402.1
;
(X)
object rape as described in Section
76-5-402.2
;
(Y)
object rape of a child as described in Section
76-5-402.3
;
(Z)
forcible sodomy as described in Section
76-5-403
;
(AA)
sodomy on a child as described in Section
76-5-403.1
;
(BB)
forcible sexual abuse as described in Section
76-5-404
;
(CC)
sexual abuse of a child as described in Section
76-5-404.1
;
(DD)
aggravated sexual abuse of a child as described in Section
76-5-404.3
;
(EE)
aggravated sexual assault as described in Section
76-5-405
;
(FF)
sexual exploitation of a minor as described in Section
76-5b-201
;
(GG)
aggravated sexual exploitation of a minor as described in Section
76-5b-201.1
;
(HH)
sexual exploitation of a vulnerable adult as described in Section
76-5b-202
;
(II)
possession of apparent child sexual abuse material as described in Section
76-5b-207
;
(JJ)
distribution of apparent child sexual abuse material as described in Section
76-5b-208
;
(KK)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor as described in Section
76-5b-209
;
(II)
(LL)
aggravated exploitation of prostitution as described in Subsection
76-5d-208(2)(a)
;
(JJ)
(MM)
burglary as described in Subsection
76-6-202(3)(b)
;
(KK)
(NN)
aggravated burglary as described in Section
76-6-203
;
(LL)
(OO)
robbery as described in Section
76-6-301
;
(MM)
(PP)
aggravated robbery as described in Section
76-6-302
;
(NN)
(QQ)
theft by extortion as described in Subsection
76-6-406(1)(a)(i)
or
(1)(a)(ii)
;
(OO)
(RR)
tampering with a witness as described in Section
76-8-508
;
(PP)
(SS)
retaliation against a witness, victim, or informant as described in
Section
76-8-508.3
;
(QQ)
(TT)
tampering or retaliating against a juror as described in Subsection
76-8-508.5(2)(a)(iii)
;
(RR)
(UU)
extortion to dismiss a criminal proceeding as described in Subsection
76-6-406(1)(a)(i)
,
(ii)
, or
(ix)
;
(SS)
(VV)
bus hijacking as described in Section
76-9-1502
;
(TT)
(WW)
assault with intent to commit bus hijacking as described in Section
76-9-1503
;
(UU)
(XX)
purchase or possession of a dangerous weapon by a restricted person
as described in Section
76-11-305
or
76-11-306
;
(VV)
(YY)
unlawful delivery of explosive, chemical, or incendiary devices as
described in Section
76-15-209
;
(WW)
(ZZ)
unlawful conduct involving an explosive, chemical, or incendiary
device as described in Section
76-15-210
;
(XX)
(AAA)
unlawful conduct involving an explosive, chemical, or incendiary
part as described in Section
76-15-211
;
(YY)
(BBB)
unlawful discharge of a firearm or hurling of a missile into a bus or
terminal as described in Section
76-9-1504
; and
(ZZ)
(CCC)
felony discharge of a firearm as described in Section
76-11-210
.
(ii)
any felony violation of a criminal statute of any other state, the United States, or
any district, possession, or territory of the United States which would constitute a
violent felony as defined in this Subsection
(1)
if committed in this state.
(2)
If a person is convicted in this state of a violent felony by plea or by verdict and the trier
of fact determines beyond a reasonable doubt that the person is a habitual violent
offender under this section, the penalty for a:
(a)
third degree felony is as if the conviction were for a first degree felony;
(b)
second degree felony is as if the conviction were for a first degree felony; or
(c)
first degree felony remains the penalty for a first degree penalty except:
(i)
the convicted person is not eligible for probation; and
(ii)
the Board of Pardons and Parole shall consider that the convicted person is a
habitual violent offender as an aggravating factor in determining the length of
incarceration.
(3)
(a)
The prosecuting attorney, or grand jury if an indictment is returned, shall provide
notice in the information or indictment that the defendant is subject to punishment as
a habitual violent offender under this section. Notice shall include the case number,
court, and date of conviction or commitment of any case relied upon by the
prosecution.
(b)
(i)
The defendant shall serve notice in writing upon the prosecutor if the defendant
intends to deny that:
(A)
the defendant is the person who was convicted or committed;
(B)
the defendant was represented by counsel or had waived counsel; or
(C)
the defendant's plea was understandingly or voluntarily entered.
(ii)
The notice of denial shall be served not later than five days
prior to
before
trial
and shall state in detail the defendant's contention regarding the previous
conviction and commitment.
(4)
(a)
If the defendant enters a denial under Subsection
(3)(b)
and if the case is tried to a
jury, the jury may not be told, until after it returns its verdict on the underlying felony
charge, of the:
(i)
defendant's previous convictions for violent felonies, except as otherwise provided
in the Utah Rules of Evidence; or
(ii)
allegation against the defendant of being a habitual violent offender.
(b)
If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
being an habitual violent offender by the same jury, if practicable, unless the
defendant waives the jury, in which case the allegation shall be tried immediately to
the court.
(c)
(i)
Before or at the time of sentencing the trier of fact shall determine if this
section applies.
(ii)
The trier of fact shall consider any evidence presented at trial and the prosecution
and the defendant shall be afforded an opportunity to present any necessary
additional evidence.
(iii)
Before sentencing under this section, the trier of fact shall determine whether this
section is applicable beyond a reasonable doubt.
(d)
If any previous conviction and commitment is based upon a plea of guilty or no
contest, there is a rebuttable presumption that the conviction and commitment were
regular and lawful in all respects if the conviction and commitment occurred after
January 1, 1970. If the conviction and commitment occurred
prior to
before
January
1, 1970, the burden is on the prosecution to establish by a preponderance of the
evidence that the defendant was then represented by counsel or had lawfully waived
the right to have counsel present, and that the defendant's plea was understandingly
and voluntarily entered.
(e)
If the trier of fact finds this section applicable, the court shall enter that specific
finding on the record and shall indicate in the order of judgment and commitment
that the defendant has been found by the trier of fact to be a habitual violent offender
and is sentenced under this section.
(5)
(a)
The sentencing enhancement provisions of Section
76-3-407
supersede the
provisions of this section.
(b)
(i)
Notwithstanding Subsection
(5)(a)
and except as provided in Subsection
(5)(b)(ii)
, the "violent felony" offense defined in Subsection
(1)(c)
shall include
any felony sexual offense violation of Chapter 5, Part 4, Sexual Offenses, to
determine if the convicted person is a habitual violent offender.
(ii)
The "violent felony" offense defined in Subsection
(1)(c)
does not include any
felony sexual offense violation of:
(A)
enticing a minor, Section
76-5-417
;
(B)
lewdness, Section
76-5-419
; or
(C)
lewdness involving a child, Section
76-5-420
.
(6)
The sentencing enhancement described in this section does not apply if:
(a)
the offense for which the person is being sentenced is:
(i)
a grievous sexual offense;
(ii)
child kidnapping, Section
76-5-301.1
;
(iii)
aggravated kidnapping, Section
76-5-302
; or
(iv)
forcible sexual abuse, Section
76-5-404
; and
(b)
applying the sentencing enhancement provided for in this section would result in a
lower maximum penalty than the penalty provided for under the section that
describes the offense for which the person is being sentenced.
Section 12. Section
76-3-407
is amended to read:
76-3-407
. Repeat and habitual sex offenders -- Additional prison term for prior
felony convictions. -- Mandatory imprisonment for entire term of imprisonment.
(1)
As used in this section:
(a)
(i)
"Prior sexual offense" means:
(A)
a felony offense described in
Chapter 5, Part 4, Sexual Offenses
;
(B)
sexual exploitation of a minor, Section
76-5b-201
;
(C)
aggravated sexual exploitation of a minor, Section
76-5b-201.1
;
(D)
possession of apparent child sexual abuse material, Section
76-5b-207
;
(E)
distribution of apparent child sexual abuse material, Section
76-5b-208
;
(F)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor, Section
76-5b-209
;
(D)
(G)
a felony attempt to commit an offense described in Subsections
(1)(a)(i)(A)
through
(C)
(F)
; or
(E)
(H)
an offense in another state, territory, or district of the United States that,
if committed in Utah, would constitute an offense described in Subsections
(1)(a)(i)(A)
through
(D)
(G)
.
(ii)
"Prior sexual offense" does not include:
(A)
lewdness, as described in Section
76-5-419
; or
(B)
lewdness involving a child, as described in Section
76-5-420
.
(b)
(i)
"Sexual offense" means:
(A)
an offense that is a second or third degree felony, or an attempted offense,
which attempt is a second or third degree felony, described in
Chapter 5, Part
4, Sexual Offenses
;
(B)
sexual exploitation of a minor, Section
76-5b-201
;
(C)
aggravated sexual exploitation of a minor, Section
76-5b-201.1
;
(D)
possession of apparent child sexual abuse material, Section
76-5b-207
;
(E)
distribution of apparent child sexual abuse material, Section
76-5b-208
;
(F)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor, Section
76-5b-209
;
(D)
(G)
a felony attempt to commit an offense described in Subsections
(1)(b)(i)(B)

a
nd
(C)
through (F)
; or
(E)
(H)
an offense in another state, territory, or district of the United States that,
if committed in Utah, would constitute an offense described in Subsections
(1)(b)(i)(A)
through
(D)
(G)
.
(ii)
"Sexual offense" does not include:
(A)
lewdness, as described in Section
76-5-419
; or
(B)
lewdness involving a child, as described in Section
76-5-420
.
(2)
Notwithstanding any other provision of law, the minimum and maximum penalty for a
sexual offense is increased by five years for each conviction of the defendant for a prior
sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
(a)
the defendant was convicted of a prior sexual offense; and
(b)
the defendant was convicted of the prior sexual offense described in Subsection
(2)(a)

before the defendant committed the sexual offense for which the defendant is being
sentenced.
(3)
The increased term described in Subsection
(2)
shall be in addition to, and consecutive
to, any other prison term served by the defendant.
(4)
If a defendant's conviction is increased under this section, the defendant's entire
sentence for the conviction is subject to mandatory imprisonment under Section
76-3-406
.
Section 13. Section
76-5b-103
is amended to read:
76-5b-103
. Definitions.
As used in this chapter:
(1)
"Apparent child sexual abuse material" means a visual depiction, generated or created
through the use of artificial intelligence or generative artificial intelligence, or any other
means, of a minor engaging in, observing, or being used for sexually explicit conduct
where the minor in the visual depiction:
(a)
(i)
has prepubescent features; or
(ii)
appears to be a minor under 12 years old; and
(b)
is sufficiently similar to a real minor such that it would lead a reasonable person
viewing the depiction to conclude that the depiction is of a real minor.
(2)
"Artificial intelligence" means the same as that term is defined in Section
20A-11-1104
.
(1)
(3)
"Child sexual abuse material" means any visual depiction, including any live
performance, photograph, film, video,
or
picture,
or computer or computer-generated
image, picture, or video,
whether made or produced by electronic, mechanical, or other
means, of sexually explicit conduct, where:
(a)
the production of the visual depiction involves the use of a minor engaging in,
observing, or being used for sexually explicit conduct;
(b)
the visual depiction is
:

(i)
of a minor engaging in, observing, or being used for sexually explicit conduct; or
(ii)
artificially generated and depicts an individual with substantial characteristics of
a minor engaging in, observing, or being used for sexually explicit conduct; or
(c)
the visual depiction has been created, adapted, or modified to appear that an
identifiable minor is engaging in, observing, or being used for sexually explicit
conduct.
(2)
(4)
"Children's Justice Center" means a facility or satellite office established under the
Children's Justice Center Program described in Section
67-5b-102
.
(3)
(5)
"Distribute" means, with or without consideration, to sell, exhibit, display, provide,
give, grant admission to, provide access to, or otherwise transfer.
(4)
(6)
"Female breast" means the undeveloped, partially developed, or developed breast
of a female individual.
(7)
"Generative artificial intelligence" means the same as that term is defined in Section
20A-11-1104
.
(5)
(8)
"Identifiable minor" means an individual:
(a)
(i)
who was a minor at the time the visual depiction was created, adapted, or
modified; or
(ii)
whose image as a minor was used in creating, adapting, or modifying the visual
depiction; and
(b)
who is recognizable as an actual individual by the individual's face, likeness, or other
distinguishing characteristic, such as a birthmark, or other recognizable feature.
(6)
(9)
"Identifiable vulnerable adult" means an individual:
(a)
(i)
who was a vulnerable adult at the time the visual depiction was created,
adapted, or modified; or
(ii)
whose image as a vulnerable adult was used in creating, adapting, or modifying
the visual depiction; and
(b)
who is recognizable as an actual individual by the individual's face, likeness, or other
distinguishing characteristic, such as a birthmark, or other recognizable feature.
(7)
(10)
"Lacks capacity to consent" means the same as that term is defined in Section
76-5-111.4
.
(8)
(11)
"Live performance" means any act, play, dance, pantomime, song, or other
activity performed by live actors in person.
(9)
(12)
"Minor" means an individual who is younger than 18 years old.
(10)
(13)
"Nudity or partial nudity" means any state of dress or undress in which the
human genitals, pubic region, buttocks, or the female breast, at a point below the top of
the areola, is less than completely and opaquely covered.
(14)
"Obscene child sexual abuse material" means a visual depiction of any kind that:
(a)
depicts a minor engaging in, observing, or being used for sexually explicit conduct;
and
(b)
the average individual, applying contemporary community standards, finds that,
taken as a whole, the visual depiction:
(i)
appeals to prurient interest in sex;
(ii)
is patently offensive; and
(iii)
does not have serious literary, artistic, political, or scientific value.
(11)
(15)
"Produce" means:
(a)
the photographing, filming, taping, directing, producing, creating, designing, or
composing of
apparent child sexual abuse material,
child sexual abuse material
,

obscene child sexual abuse material,
or vulnerable adult sexual abuse material; or
(b)
the securing or hiring of individuals to engage in the photographing, filming, taping,
directing, producing, creating, designing, or composing of
apparent child sexual
abuse material,
child sexual abuse material
, obscene child sexual abuse material,
or
vulnerable adult sexual abuse material.
(12)
(16)
"Sexually explicit conduct" means actual or simulated:
(a)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between individuals of the same or opposite sex;
(b)
masturbation;
(c)
bestiality;
(d)
sadistic or masochistic activities;
(e)
lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any
individual;
(f)
the visual depiction of nudity or partial nudity for the purpose of causing sexual
arousal of any individual;
(g)
the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(h)
the visual depiction of defecation or urination for the purpose of causing sexual
arousal of any individual.
(13)
(17)
"Simulated sexually explicit conduct" means a feigned or pretended act of
sexually explicit conduct which duplicates, within the perception of an average person,
the appearance of an actual act of sexually explicit conduct.
(14)
(18)
"Vulnerable adult" means the same as that term is defined in Subsection
76-5-111(1)
.
(15)
(19)
"Vulnerable adult sexual abuse material" means any visual depiction, including
any live performance, photograph, film, video, picture, or computer or
computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit conduct, where:
(a)
the production of the visual depiction involves the use of a vulnerable adult engaging
in sexually explicit conduct;
(b)
the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
(c)
the visual depiction has been created, adapted, or modified to appear that an
identifiable vulnerable adult is engaging in sexually explicit conduct.
Section 14. Section
76-5b-206
is amended to read:
76-5b-206
. Failure to report child sexual abuse material by a computer
technician.
(1)
(a)
As used in this section, "computer technician" means an individual who in the
course and scope of the individual's employment for compensation installs,
maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal
computer networks, or peripheral equipment.
(b)
Terms defined in Sections
76-1-101.5
and
76-5b-103
apply to this section.
(2)
An actor commits failure to report child sexual abuse material by a computer technician
if:
(a)
the actor is a computer technician;
(b)
in the actor's course of employment for compensation the actor views an image on a
computer or other electronic device that:
(i)
is child sexual abuse material
, apparent child sexual abuse material, or obscene
child sexual abuse material
;
(ii)
appears to be child sexual abuse material
, apparent child sexual abuse material, or
obscene child sexual abuse material
; or
(iii)
the actor reasonably believes is child sexual abuse material
, apparent child sexual
abuse material, or obscene child sexual abuse material
; and
(c)
the actor willfully fails to immediately report the finding of the image to:
(i)
a state or local law enforcement agency;
(ii)
the Cyber Tip Line at the National Center for Missing and Exploited Children; or
(iii)
an employee designated by the employer of the computer technician in
accordance with Subsection
(7)
.
(3)
A violation of Subsection
(2)

is
a class B misdemeanor.
(4)
The identity of the computer technician who reports an image that is or appears to be
child sexual abuse material
, apparent child sexual abuse material, or obscene child
sexual abuse material
shall be confidential, except as necessary for the criminal
investigation and the judicial process.
(5)
(a)
If a computer technician makes or does not make a report under this section and is
acting in good faith, the technician is immune from any criminal or civil liability
related to reporting or not reporting the image.
(b)
Good faith described in Subsection
(5)(a)
may be presumed from a computer
technician's previous course of conduct when the computer technician has made
appropriate reports.
(6)
It is a defense to prosecution under this section that the computer technician did not
report the image because the computer technician reasonably believed the image did not
depict an individual younger than 18 years old.
(7)
(a)
An employer of a computer technician may implement a procedure that requires:
(i)
the computer technician report an image as is required under Subsection
(2)
to an
employee designated by the employer to receive the report of the image; and
(ii)
the designated employee to immediately forward the report provided by the
computer technician to an agency described in Subsection
(2)(c)(i)
.
(b)
Compliance by the computer technician and the designated employee with the
reporting process under Subsection
(7)(a)
is compliance with the reporting
requirement of Subsection
(2)(c)
and establishes immunity under Subsection
(5)(a)
.
(8)
This section does not apply to an
Internet
internet
service provider or interactive
computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications
service, information service, or mobile service as defined in 47 U.S.C. Sec. 153,
including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable
operator as defined in 47 U.S.C. Sec. 522, if the provider reports the image in
compliance with 18 U.S.C. 2258A or a successor federal statute that requires reporting
by a provider of an image of child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
.
Section 15. Section
76-5b-207
is enacted to read:
76-5b-207
. Possession of apparent child sexual abuse material.
(1)
Terms defined in Sections
76-1-101.5
and
76-5b-103
apply to this section.
(2)
An actor commits possession of apparent child sexual abuse material if the actor
intentionally or knowingly possesses, views, accesses with intent to view, or maintains
access with intent to view apparent child sexual abuse material.
(3)
A violation of Subsection
(2)
is a second degree felony.
(4)
It is a separate offense under this section:
(a)
for each minor depicted in the apparent child sexual abuse material; and
(b)
for each time the same minor is depicted in different apparent child sexual abuse
material.
(5)
For a charge of violating this section, it is an affirmative defense that:
(a)
the defendant:
(i)
is not more than two years older than the minor depicted in the apparent child
sexual abuse material; and
(ii)
upon request of a law enforcement officer removes from an electronic device or
destroys the apparent child sexual abuse material and all copies of the apparent
child sexual abuse material in the defendant's possession; and
(b)
the apparent child sexual abuse material does not depict an offense under Chapter 5,
Part 4, Sexual Offenses.
(6)
In proving a violation of this section, proof that the minor depicted in the apparent child
sexual abuse material is a real minor that exists is not required.
(7)
The following are not criminally or civilly liable under this section when acting in good
faith compliance with Section
77-4-201
:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of apparent child
sexual abuse material on tangible or intangible property, or of detecting and
reporting the presence of apparent child sexual abuse material on the property;
(b)
a law enforcement officer, a civilian employee of a law enforcement agency, or an
independent contractor who is contracted with a law enforcement agency, acting
within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view apparent child sexual abuse
material during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view apparent child sexual abuse material during the
course of the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view apparent child sexual
abuse material during the course of a judicial process and while acting within the
scope of employment;
(f)
an employee of the Department of Health and Human Services who is required to
view apparent child sexual abuse material within the scope of the employee's
employment;
(g)
an employee, independent contractor, or designated interviewer of a Children's
Justice Center, who is required to view apparent child sexual abuse material within
the scope of the employee's, independent contractor's, or designated interviewer's
scope of employment or assignment; or
(h)
an attorney who is required to view apparent child sexual abuse material within the
scope of the attorney's responsibility to represent the Department of Health and
Human Services, including the divisions and offices within the Department of Health
and Human Services.
Section 16. Section
76-5b-208
is enacted to read:
76-5b-208
. Distribution or production of apparent child sexual abuse material.
(1)
Terms defined in Sections
76-1-101.5
and
76-5b-103
apply to this section.
(2)
An actor commits distribution of apparent child sexual abuse material if the actor
intentionally:
(a)
distributes apparent child sexual abuse material; or
(b)
produces apparent child sexual abuse material.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a first
degree felony.
(b)
If an actor is under 18 years old at the time the actor commits the offense, a violation
of Subsection
(2)
is a second degree felony.
(4)
It is a separate offense under this section:
(a)
for each minor depicted in the apparent child sexual abuse material; and
(b)
for each time the same minor is depicted in different apparent child sexual abuse
material.
(5)
In proving a violation of this section, proof that the minor depicted in the apparent child
sexual abuse material is a real minor that exists is not required.
(6)
The following are not criminally or civilly liable under this section when acting in good
faith compliance with Section
77-4-201
:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of apparent child
sexual abuse material on tangible or intangible property, or of detecting and
reporting the presence of apparent child sexual abuse material on the property;
(b)
a law enforcement officer, a civilian employee of a law enforcement agency, or an
independent contractor who is contracted with a law enforcement agency, acting
within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view apparent child sexual abuse
material during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view apparent child sexual abuse material during the
course of the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view apparent child sexual
abuse material during the course of a judicial process and while acting within the
scope of employment;
(f)
an employee of the Department of Health and Human Services who is required to
view apparent child sexual abuse material within the scope of the employee's
employment;
(g)
an employee, independent contractor, or designated interviewer of a Children's
Justice Center, who is required to view apparent child sexual abuse material within
the scope of the employee's, independent contractor's, or designated interviewer's
scope of employment or assignment; or
(h)
an attorney who is required to view apparent child sexual abuse material within the
scope of the attorney's responsibility to represent the Department of Health and
Human Services, including the divisions and offices within the Department of Health
and Human Services.
Section 17. Section
76-5b-209
is enacted to read:
76-5b-209
. Unlawful activity regarding obscene material depicting the sexual
abuse of a minor.
(1)
Terms defined in Sections
76-1-101.5
and
76-5b-103
apply to this section.
(2)
Under circumstances not amounting to an offense under Section
76-5b-201
or
76-5b-201.1
, an actor commits unlawful activity regarding obscene material depicting
the sexual abuse of a minor if the actor intentionally or knowingly:
(a)
produces obscene child sexual abuse material;
(b)
distributes obscene child sexual abuse material;
(c)
receives obscene child sexual abuse material; or
(d)
possesses obscene child sexual abuse material with the intent to distribute the
obscene child sexual abuse material.
(3)
A violation of Subsection
(2)
is a second degree felony.
(4)
For a charge of violating this section, it is an affirmative defense that:
(a)
the defendant:
(i)
did not solicit the obscene child sexual abuse material from any minor depicted in
the child sexual abuse material;
(ii)
is not more than two years older than any minor depicted in the obscene child
sexual abuse material; and
(iii)
upon request of a law enforcement officer or any minor depicted in the obscene
child sexual abuse material, removes from an electronic device or destroys the
obscene child sexual abuse material and all copies of the obscene child sexual
abuse material in the defendant's possession; and
(b)
the obscene child sexual abuse material does not depict an offense under Chapter 5,
Part 4, Sexual Offenses.
(5)
The following are not criminally or civilly liable under this section when acting in good
faith compliance with Section
77-4-201
:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of obscene child
sexual abuse material on tangible or intangible property, or of detecting and
reporting the presence of obscene child sexual abuse material on the property;
(b)
a law enforcement officer, a civilian employee of a law enforcement agency, or an
independent contractor who is contracted with a law enforcement agency, acting
within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view obscene child sexual abuse
material during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view obscene child sexual abuse material during the
course of the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view obscene child sexual
abuse material during the course of a judicial process and while acting within the
scope of employment;
(f)
an employee of the Department of Health and Human Services who is required to
view obscene child sexual abuse material within the scope of the employee's
employment;
(g)
an employee, independent contractor, or designated interviewer of a Children's
Justice Center, who is required to view obscene child sexual abuse material within
the scope of the employee's, independent contractor's, or designated interviewer's
scope of employment or assignment; or
(h)
an attorney who is required to view obscene child sexual abuse material within the
scope of the attorney's responsibility to represent the Department of Health and
Human Services, including the divisions and offices within the Department of Health
and Human Services.
Section 18. Section
76-5b-301
is amended to read:
76-5b-301
. Determination whether material violates chapter.
(1)
In determining whether material is in violation of this chapter, the material need not be
considered as a whole, but may be examined by the trier of fact in part only.
(2)
It
Unless specifically provided in an offense, it
is not an element
of the offense of
sexual exploitation of a minor
for an offense described in this chapter
that the
applicable
material appeal to the prurient interest in sex of the average person nor that prohibited
conduct need be portrayed in a patently offensive manner.
(3)
It is not an element of the offense of sexual exploitation of a vulnerable adult that the
material appeal to the prurient interest in sex of the average person nor that prohibited
conduct need be portrayed in a patently offensive manner.
Section 19. Section
76-5d-202
is amended to read:
76-5d-202
. Engaging in prostitution.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
An actor commits the offense of engaging in prostitution if the actor:
(a)
is 18 years old or older; and
(b)
engages in sexual activity with another individual in exchange for receiving a fee, or
the functional equivalent of a fee.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a class B
misdemeanor.
(b)
A violation of Subsection
(2)
is a class A misdemeanor if the actor has previously
been convicted of:
(i)
a violation of Subsection
(2)
;
(ii)
a local ordinance adopted in accordance with Section
76-5d-102
addressing the
same or similar type of violation to the violation described in Subsection
(2)
; or
(iii)
a criminal violation in another jurisdiction, including a state, federal, or military
court, that is substantially equivalent to the violation described in Subsection
(2)
.
(4)
A prosecutor may not prosecute an actor for a violation of Subsection
(2)
if the actor
engages in a violation of Subsection
(2)
at or near the time the actor witnesses or is a
victim of any of the following offenses, or an attempt to commit any of the following
offenses, and the actor reports the offense or attempt to law enforcement in good faith:
(a)
assault as described in Section
76-5-102
;
(b)
aggravated assault as described in Section
76-5-103
;
(c)
mayhem as described in Section
76-5-105
;
(d)
aggravated murder, murder, manslaughter, negligent homicide, child abuse
homicide, or homicide by assault as described in
Chapter 5, Part 2, Criminal
Homicide
;
(e)
kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
aggravated human trafficking, human smuggling or aggravated human smuggling, or
human trafficking of a child as described in
Chapter 5, Part 3, Kidnapping,
Trafficking, and Smuggling
;
(f)
rape as described in Section
76-5-402
;
(g)
rape of a child as described in Section
76-5-402.1
;
(h)
object rape as described in Section
76-5-402.2
;
(i)
object rape of a child as described in Section
76-5-402.3
;
(j)
forcible sodomy as described in Section
76-5-403
;
(k)
sodomy on a child as described in Section
76-5-403.1
;
(l)
forcible sexual abuse as described in Section
76-5-404
;
(m)
sexual abuse of a child as described in Section
76-5-404.1
, or aggravated sexual
abuse of a child, Section
76-5-404.3
;
(n)
aggravated sexual assault as described in Section
76-5-405
;
(o)
sexual exploitation of a minor as described in Section
76-5b-201
;
(p)
aggravated sexual exploitation of a minor as described in Section
76-5b-201.1
;
(q)
sexual exploitation of a vulnerable adult as described in Section
76-5b-202
;
(r)
possession of apparent child sexual abuse material as described in Section
76-5b-207
;
(s)
distribution of apparent child sexual abuse material as described in Section
76-5b-208
;
(t)
unlawful activity regarding obscene material depicting the sexual abuse of a minor as
described in Section
76-5b-209
;
(r)
(u)
burglary of a dwelling as described in Subsection
76-6-202(3)(b)
;
(s)
(v)
aggravated burglary as described in Section
76-6-203
;
(t)
(w)
robbery as described in Section
76-6-301
;
(u)
(x)
aggravated robbery as described in Section
76-6-302
; or
(v)
(y)
theft by extortion as described in Section
76-6-406
under the circumstances
described in Subsection
76-6-406(1)(a)(i)
or
(ii)
.
(5)
A violation under this section that is a class A misdemeanor may be prosecuted by an
attorney of a city or a town as well as by prosecutors authorized in the code to prosecute
a violation under this section.
Section 20. 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)
possession of apparent child sexual abuse material under Section
76-5b-207
;
(bb)
distribution of apparent child sexual abuse material under Section
76-5b-208
;
(cc)
unlawful activity regarding obscene material depicting the sexual abuse of a minor
under Section
76-5b-209
;
(aa)
(dd)
arson under Section
76-6-102
;
(bb)
(ee)
aggravated arson under Section
76-6-103
;
(cc)
(ff)
causing a catastrophe under Section
76-6-105
;
(dd)
(gg)
burglary under Section
76-6-202
;
(ee)
(hh)
aggravated burglary under Section
76-6-203
;
(ff)
(ii)
burglary of a vehicle under Section
76-6-204
;
(gg)
(jj)
manufacture or possession of an instrument for burglary or theft under Section
76-6-205
;
(hh)
(kk)
robbery under Section
76-6-301
;
(ii)
(ll)
aggravated robbery under Section
76-6-302
;
(jj)
(mm)
theft under Section
76-6-404
;
(kk)
(nn)
theft by deception under Section
76-6-405
;
(ll)
(oo)
theft by extortion under Section
76-6-406
;
(mm)
(pp)
receiving stolen property under Section
76-6-408
;
(nn)
(qq)
theft of services under Section
76-6-409
;
(oo)
(rr)
forgery under Section
76-6-501
;
(pp)
(ss)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
(tt)
unlawful acquisition, possession, or transfer of financial transaction card under
Section
76-6-506.3
;
(rr)
(uu)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
(vv)
deceptive business practices under Section
76-6-507
;
(tt)
(ww)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
(xx)
bribery of a labor official under Section
76-6-509
;
(vv)
(yy)
defrauding creditors under Section
76-6-511
;
(ww)
(zz)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
(aaa)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
(bbb)
unlawful influence of a contest under Section
76-6-514
;
(zz)
(ccc)
making a false credit report under Section
76-6-517
;
(aaa)
(ddd)
criminal simulation under Section
76-6-518
;
(bbb)
(eee)
criminal usury under Section
76-6-520
;
(ccc)
(fff)
insurance fraud under Section
76-6-521
;
(ddd)
(ggg)
retail theft under Section
76-6-602
;
(eee)
(hhh)
computer crimes under Section
76-6-703
;
(fff)
(iii)
identity fraud under Section
76-6-1102
;
(ggg)
(jjj)
mortgage fraud under Section
76-6-1203
;
(hhh)
(kkk)
sale of a child under Section
76-7-203
;
(iii)
(lll)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
(mmm)
threat to influence official or political action under Section
76-8-104
;
(kkk)
(nnn)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
(ooo)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
(ppp)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
(qqq)
official misconduct based on unauthorized act or failure of duty under
Section
76-8-201
;
(ooo)
(rrr)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
(sss)
obstruction of justice in a criminal investigation or proceeding under
Section
76-8-306
;
(qqq)
(ttt)
acceptance of bribe or bribery to prevent criminal prosecution under Section
76-8-308
;
(rrr)
(uuu)
harboring or concealing offender who has escaped from official custody
under Section
76-8-309.2
;
(sss)
(vvv)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
(www)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
(xxx)
making a written false statement under Section
76-8-504
;
(vvv)
(yyy)
tampering with a witness under Section
76-8-508
;
(www)
(zzz)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
(aaaa)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
(bbbb)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
(cccc)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
(dddd)
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)
(eeee)
public assistance fraud by an applicant for public assistance under
Section
76-8-1203.1
;
(cccc)
(ffff)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
(gggg)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
(hhhh)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
(iiii)
false statement to obtain or increase unemployment compensation under
Section
76-8-1301
;
(gggg)
(jjjj)
false statement to prevent or reduce unemployment compensation or
liability under Section
76-8-1302
;
(hhhh)
(kkkk)
unlawful failure to comply with Employment Security Act requirements
under Section
76-8-1303
;
(iiii)
(llll)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
(mmmm)
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)
(nnnn)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803
;
(llll)
(oooo)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a
criminal street gang under Section
76-9-803.1
;
(mmmm)
(pppp)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
(qqqq)
aggravated intimidating a minor to remain in a criminal street gang under
Section
76-9-803.3
;
(oooo)
(rrrr)
unlawful conduct involving an explosive, chemical, or incendiary device
under Section
76-15-210
;
(pppp)
(ssss)
unlawful conduct involving an explosive, chemical, or incendiary part
under Section
76-15-211
;
(qqqq)
(tttt)
unlawful delivery or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(rrrr)
(uuuu)
forging or counterfeiting trademarks, trade name, or trade device under
Section
76-16-302
;
(ssss)
(vvvv)
selling goods under counterfeited trademark, trade name, or trade devices
under Section
76-16-303
;
(tttt)
(wwww)
sales in containers bearing registered trademark of substituted articles
under Section
76-16-304
;
(uuuu)
(xxxx)
selling or dealing with article bearing registered trademark or service
mark with intent to defraud under Section
76-16-306
;
(vvvv)
(yyyy)
participating in gambling under Section
76-9-1402
;
(wwww)
(zzzz)
permitting gambling under Section
76-9-1403
;
(xxxx)
(aaaaa)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
(bbbbb)
gambling promotion under Section
76-9-1405
;
(zzzz)
(ccccc)
gambling fraud under Section
76-9-1406
;
(aaaaa)
(ddddd)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
(eeeee)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
(fffff)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
(ggggg)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(eeeee)
(hhhhh)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(iiiii)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
(jjjjj)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(hhhhh)
(kkkkk)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(lllll)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(mmmmm)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(nnnnn)
aiding prostitution under Section
76-5d-206
;
(lllll)
(ooooo)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(ppppp)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(qqqqq)
communications fraud under Section
76-6-525
;
(ooooo)
(rrrrr)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(sssss)
an act prohibited by the criminal provisions of Chapter 9, Part 16,
Money Laundering and Currency Transaction Reporting;
(qqqqq)
(ttttt)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(uuuuu)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(vvvvv)
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 21. Section
77-4-201
is amended to read:
77-4-201
. Reproduction of child sexual abuse material -- Prohibition.
(1)
As used in this section:
(a)
"Apparent child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(a)
(b)
"Child sexual abuse material" means the same as that term is defined in Section
76-5b-103
.
(b)
(c)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(d)
"Obscene child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(c)
(e)
"Victim" means the same as that term is defined in Section
77-37-2
.
(2)
In a proceeding involving child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
, the child sexual abuse material

,
apparent child sexual abuse material, or obscene child sexual abuse material
shall
remain in the care, custody, and control of:
(a)
a law enforcement agency; or
(b)
a court.
(3)
(a)
In a proceeding involving child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
, a court shall deny a request by a
defendant to copy, photograph, duplicate, or otherwise reproduce the child sexual
abuse material

, apparent child sexual abuse material, or obscene child sexual abuse
material
if the court or a law enforcement agency provides the defendant's attorney or
an individual the defendant may seek to qualify as an expert an adequate opportunity
to view and examine the child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
.
(b)
An individual described in Subsection
(3)(a)
may view or examine the child sexual
abuse material
, apparent child sexual abuse material, or obscene child sexual abuse
material
only at the law enforcement agency or court that has custody and control of
the child sexual abuse material
, apparent child sexual abuse material, or obscene
child sexual abuse material
.
(c)
A defendant who is self represented:
(i)
may not inspect the child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
; and
(ii)
may request that the court appoint counsel for the purpose of inspecting the child
sexual abuse material
, apparent child sexual abuse material, or obscene child
sexual abuse material
on behalf of the defendant.
(4)
(a)
In a proceeding involving child sexual abuse material, a victim, the victim's
attorney, or an individual the victim may, upon a showing of good cause, seek to
qualify as an expert, may view and examine the child sexual abuse material that
depicts the victim upon a showing of good cause.
(b)
An individual described in Subsection
(4)(a)
may not copy, photograph, duplicate, or
otherwise reproduce the child sexual abuse material.
(c)
An individual described in Subsection
(4)(a)
may view or examine the child sexual
abuse material only at the law enforcement agency or court that has custody and
control of the child sexual abuse material.
(d)
The court or law enforcement agency may redact the child sexual abuse material
described in this Subsection
(4)
to protect the privacy of a third party.
Section 22. Section
77-11a-101
is amended to read:
77-11a-101
. Definitions.
As used in this chapter:
(1)
(a)
"Agency" means an agency of this state or a political subdivision of this state.
(b)
"Agency" includes a law enforcement agency or a multijurisdictional task force.
(2)
"Apparent child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(3)
"Child sexual abuse material" means the same as that term is defined in Section
76-5b-103
.
(2)
(4)
"Claimant" means:
(a)
an owner of property;
(b)
an interest holder; or
(c)
an individual or entity who asserts a claim to any property for which an agency seeks
to forfeit.
(3)
(5)
(a)
"Computer" means, except as provided in Subsection
(3)(c)
(5)(c)
, an
electronic, magnetic, optical, electrochemical, or other high-speed data processing
device that performs logical, arithmetic, and storage functions.
(b)
"Computer" includes any device that is used for the storage of digital or electronic
files, flash memory, software, or other electronic information.
(c)
"Computer" does not mean a computer server of an
Internet
internet
or electronic
service provider, or the service provider's employee, if used to comply with the
requirements under 18 U.S.C. Sec. 2258A.
(4)
(6)
(a)
"Contraband" means any property, item, or substance that is unlawful to
produce or to possess under state or federal law.
(b)
"Contraband" includes:
(i)
a controlled substance that is possessed, transferred, distributed, or offered for
distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act;
or
(ii)
a computer that:
(A)
contains or houses child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
, or is used to create,
download, transfer, upload to a storage account, or store any electronic or
digital files containing child sexual abuse material
, apparent child sexual abuse
material, or obscene child sexual abuse material
; or
(B)
contains the personal identifying information of another individual, as defined
in Section
76-6-1101
, whether that individual is alive or deceased, and the
personal identifying information has been used to create false or fraudulent
identification documents or financial transaction cards in violation of Title 76,
Chapter 6, Part 5, Fraud.
(5)
(7)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(6)
(8)
"Court" means a municipal, county, or state court.
(7)
(9)
"Division of Law Enforcement" means the division within the Department of
Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law
Enforcement.
(8)
(10)
"Evidence" means the same as that term is defined in Section
77-11c-101
.
(9)
(11)
"Forfeit" means to divest a claimant of an ownership interest in property seized by
a peace officer or agency.
(10)
(12)
"Innocent owner" means a claimant who:
(a)
held an ownership interest in property at the time of the commission of an offense
subjecting the property to seizure, and:
(i)
did not have actual knowledge of the offense subjecting the property to seizure; or
(ii)
upon learning of the commission of the offense, took reasonable steps to prohibit
the use of the property in the commission of the offense; or
(b)
acquired an ownership interest in the property and had no knowledge that the
commission of the offense subjecting the property to seizure had occurred or that the
property had been seized, and:
(i)
acquired the property in a bona fide transaction for value;
(ii)
was an individual, including a minor child, who acquired an interest in the
property through probate or inheritance; or
(iii)
was a spouse who acquired an interest in property through dissolution of
marriage or by operation of law.
(11)
(13)
(a)
"Interest holder" means a secured party as defined in Section
70A-9a-102
,
a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
security interest or encumbrance pertaining to an interest in property, whose interest
would be perfected against a good faith purchaser for value.
(b)
"Interest holder" does not mean a person:
(i)
who holds property for the benefit of or as an agent or nominee for another
person; or
(ii)
who is not in substantial compliance with any statute requiring an interest in
property to be:
(A)
recorded or reflected in public records in order to perfect the interest against a
good faith purchaser for value; or
(B)
held in control by a secured party, as defined in Section
70A-9a-102
, in
accordance with Section
70A-9a-314
in order to perfect the interest against a
good faith purchaser for value.
(12)
(14)
"Law enforcement agency" means:
(a)
a municipal, county, state institution of higher education, or state police force or
department;
(b)
a sheriff's office; or
(c)
a municipal, county, or state prosecuting authority.
(13)
(15)
"Legislative body" means:
(a)
(i)
the Legislature, county commission, county council, city commission, city
council, or town council that has fiscal oversight and budgetary approval authority
over an agency; or
(ii)
the agency's governing political subdivision; or
(b)
the lead governmental entity of a multijurisdictional task force, as designated in a
memorandum of understanding executed by the agencies participating in the task
force.
(14)
(16)
"Multijurisdictional task force" means a law enforcement task force or other
agency comprised of individuals who are employed by or acting under the authority of
different governmental entities, including federal, state, county, or municipal
governments, or any combination of federal, state, county, or municipal agencies.
(17)
"Obscene child sexual abuse material" means the same as that term is defined in
Section
76-5b-103
.
(15)
(18)
"Owner" means an individual or entity, other than an interest holder, that
possesses a bona fide legal or equitable interest in property.
(16)
(19)
"Pawn or secondhand business" means the same as that term is defined in
Section
13-32a-102
.
(17)
(20)
"Peace officer" means an employee:
(a)
of an agency;
(b)
whose duties consist primarily of the prevention and detection of violations of laws
of this state or a political subdivision of this state; and
(c)
who is authorized by the agency to seize property.
(18)
(21)
(a)
"Proceeds" means:
(i)
property of any kind that is obtained directly or indirectly as a result of the
commission of an offense; or
(ii)
any property acquired directly or indirectly from, produced through, realized
through, or caused by an act or omission regarding property under Subsection
(18)(a)(i).
(21)(a)(i)
.
(b)
"Proceeds" includes any property of any kind without reduction for expenses
incurred in the acquisition, maintenance, or production of that property, or any other
purpose regarding property under Subsection
(18)(a)(i)
(21)(a)(i)
.
(c)
"Proceeds" is not limited to the net gain or profit realized from the offense that
subjects the property to seizure.
(19)
(22)
(a)
"Property" means all property, whether real or personal, tangible or
intangible.
(b)
"Property" does not include contraband.
(20)
(23)
"Prosecuting attorney" means:
(a)
the attorney general and an assistant attorney general;
(b)
a district attorney or deputy district attorney;
(c)
a county attorney or assistant county attorney; and
(d)
an attorney authorized to commence an action on behalf of the state.
(21)
(24)
"Public interest use" means a:
(a)
use by a government agency as determined by the legislative body of the agency's
jurisdiction; or
(b)
donation of the property to a nonprofit charity registered with the state.
(22)
(25)
"Real property" means land, including any building, fixture, improvement,
appurtenance, structure, or other development that is affixed permanently to land.
(23)
(26)
(a)
"Seized property" means property seized by a peace officer or agency in
accordance with Section
77-11a-201
.
(b)
"Seized property" includes property that the agency seeks to forfeit under Chapter
11b, Forfeiture of Seized Property.
Section 23. Section
80-1-102
is amended to read:
80-1-102
. Juvenile Code definitions.
Except as provided in Section
80-6-1103
, as used in this title:
(1)
(a)
"Abuse" means:
(i)
(A)
nonaccidental harm of a child;
(B)
threatened harm of a child;
(C)
sexual exploitation;
(D)
sexual abuse; or
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(ii)
that a child's parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an
investigation for intentionally, knowingly, or recklessly causing the death of
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b)
"Abuse" does not include:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons
described in Subsections
(1)(b)(iii)(A)
through
(C)
.
(2)
"Abused child" means a child who has been subjected to abuse.
(3)
(a)
"Adjudication" means, except as provided in Subsection
(3)(b)
:
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition
or criminal information alleging that a minor committed an offense have been
proved;
(B)
an admission by a minor in the juvenile court as described in Section
80-6-306
;
or
(C)
a plea of no contest by minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section
80-6-306
until the juvenile court
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6)
"Board" means the Board of Juvenile Court Judges.
(7)
"Child" means, except as provided in Section
80-2-905
, an individual who is under 18
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section
58-37d-3
.
(15)
"Commit" or "committed" means, unless specified otherwise:
(a)
with respect to a child, to transfer legal custody; and
(b)
with respect to a minor who is at least 18 years old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program,
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program
described in Section
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through
no fault of the child's parent, guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice
and Youth Services in accordance with Section
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under
Section
80-5-203
that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor,
under Section
80-3-405
or
80-4-305
or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"Educational neglect" means that, after receiving a notice of compulsory education
violation under Section
53G-6-202
, the parent or guardian fails to make a good faith
effort to ensure that the child receives an appropriate education.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated
Healthcare in accordance with Section
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section
80-7-102
.
(31)
"Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective
for a specific population or has been rated as effective by a standardized program
evaluation tool.
(32)
"Forensic evaluator" means the same as that term is defined in Section
77-15-2
.
(33)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(34)
"Gender identity" means the same as that term is defined in Section
34A-5-102
.
(35)
"Group rehabilitation therapy" means psychological and social counseling of one or
more individuals in the group, depending upon the recommendation of the therapist.
(36)
"Guardian" means a person appointed by a court to make decisions regarding a minor,
including the authority to consent to:
(a)
marriage;
(b)
enlistment in the armed forces;
(c)
major medical, surgical, or psychiatric treatment; or
(d)
legal custody, if legal custody is not vested in another individual, agency, or
institution.
(37)
"Guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(38)
"Harm" means:
(a)
physical or developmental injury or damage;
(b)
emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c)
sexual abuse; or
(d)
sexual exploitation.
(39)
"Home detention" means placement of a minor:
(a)
if
prior to
before
a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions
established by the Division of Juvenile Justice and Youth Services or the juvenile
court; or
(b)
if after a disposition, and in accordance with Section
78A-6-353
or
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent,
guardian, or custodian, under terms and conditions established by the Division of
Juvenile Justice and Youth Services or the juvenile court.
(40)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the
relationship is legally recognized;
(ii)
relationships of parent and child by adoption; and
(iii)
relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(41)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(43)
"Indigent defense service provider" means the same as that term is defined in Section
78B-22-102
.
(44)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(45)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(46)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(47)
"Intellectual disability" means a significant subaverage general intellectual functioning
existing concurrently with deficits in adaptive behavior that constitutes a substantial
limitation to the individual's ability to function in society.
(48)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(49)
"Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(50)
"Juvenile receiving center" means a nonsecure, nonresidential program established by
the Division of Juvenile Justice and Youth Services, or under contract with the Division
of Juvenile Justice and Youth Services, that is responsible for minors taken into
temporary custody under Section
80-6-201
.
(51)
"Legal custody" means a relationship embodying:
(a)
the right to physical custody

of the minor;
(b)
the right and duty to protect, train, and discipline the minor;
(c)
the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d)
the right to determine where and with whom the minor shall live; and
(e)
the right, in an emergency, to authorize surgery or other extraordinary care.
(52)
"Licensing Information System" means the Licensing Information System maintained
by the Division of Child and Family Services under Section
80-2-1002
.
(53)
"Management Information System" means the Management Information System
developed by the Division of Child and Family Services under Section
80-2-1001
.
(54)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(55)
"Minor" means, except as provided in Sections
80-6-501
,
80-6-901
, and
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically
ordered by the juvenile court to provide services because the individual was an
abused, neglected, or dependent child or because the individual was
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(b)
; or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with
Subsection
78A-6-103(1)(c)
.
(56)
"Mobile crisis outreach team" means the same as that term is defined in Section
26B-5-101
.
(57)
"Molestation" means that an individual, with the intent to arouse or gratify the sexual
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in
Section
76-5-401.1
.
(58)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, Safe
Relinquishment of a Newborn Child;
(ii)
lack of proper parental care of a child by reason of the fault or habits of the
parent, guardian, or custodian;
(iii)
failure or refusal of a parent, guardian, or custodian to provide proper or
necessary subsistence or medical care, or any other care necessary for the child's
health, safety, morals, or well-being;
(iv)
a child to be at risk of being neglected or abused because another child in the
same home is neglected or abused;
(v)
abandonment of a child through an unregulated child custody transfer under
Section
81-14-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless
the state or other party to a proceeding shows, by clear and convincing evidence,
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in
Subsection
76-5-115(2)
;
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
"Neglected child" means a child who has been subjected to neglect.
(60)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
officer, without an adjudication of the minor's case under Section
80-6-701
, upon the
consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
"Not competent to proceed" means that a minor, due to a mental illness, intellectual
disability or related condition, or developmental immaturity, lacks the ability to:
(a)
understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(62)
(a)
"Parent" means, except as provided in Section
80-3-302
, an individual with a
parent-child relationship to a minor under Section
81-5-201
.
(b)
"Parent" includes the minor's noncustodial parent as defined in Section
81-1-101
.
(63)
"Parole" means a conditional release of a juvenile offender from residency in secure
care to live outside of secure care under the supervision of the Division of Juvenile
Justice and Youth Services, or another person designated by the Division of Juvenile
Justice and Youth Services.
(64)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(65)
(a)
"Probation" means a legal status created by court order, following an
adjudication under Section
80-6-701
, whereby the minor is permitted to remain in the
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(66)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(67)
"Protective custody" means the shelter of a child by the Division of Child and Family
Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section
80-3-301
; or
(b)
the day on which the child is returned home.
(68)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(69)
"Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(70)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(71)
(a)
"Residual parental rights and duties" means the rights and duties remaining with
a parent after legal custody or guardianship, or both, have been vested in another
person or agency, including:
(i)
the responsibility for support;
(ii)
the right to consent to adoption;
(iii)
the right to determine the child's religious affiliation; and
(iv)
the right to reasonable parent-time unless restricted by the court.
(b)
If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(72)
"Runaway" means a child, other than an emancipated child, who willfully leaves the
home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(73)
"Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
supervision and confinement of the minor.
(74)
"Secure care facility" means a facility, established in accordance with Section
80-5-503
,
for juvenile offenders in secure care.
(75)
"Secure detention" means temporary care of a minor who requires secure custody in a
physically restricting facility operated by, or under contract with, the Division of
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor;
or
(b)
under Section
80-6-704
.
(76)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection
80-6-503(1)
and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was
25 years old in accordance with Section
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
(77)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
(78)
"Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(79)
(a)
"Severe type of child abuse or neglect" means, except as provided in Subsection
(79)(b)
:
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious injury, as defined in Subsection
76-5-109(1)
, to another child
that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in
accordance with Section
53G-8-301
or Section
76-2-401
;
(ii)
an individual's conduct that is justified under Section
76-2-401
or constitutes the
use of reasonable and necessary physical restraint or force in self-defense or
otherwise appropriate to the circumstances to obtain possession of a weapon or
other dangerous object in the possession or under the control of a child or to
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless,
subject to Subsection
(79)(c)
, the state or other party to the proceeding shows, by
clear and convincing evidence, that the health care decision is not reasonable and
informed.
(c)
Subsection
(79)(b)(iii)
does not prohibit a parent or guardian from exercising the
right to obtain a second health care opinion.
(80)
(a)
"Sexual abuse" means:
(i)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(ii)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(A)
there is an indication of force or coercion;
(B)
the children are related, as described in Subsection
(40)
, including siblings by
marriage while the marriage exists or by adoption; or
(C)
the act or attempted act constitutes unlawful sexual activity as described in
Section
76-5-401.3
.
(iii)
engaging in any conduct with a child that would constitute an offense under any
of the following, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses;
(B)
child bigamy, Section
76-7-101.5
;
(C)
incest, Section
76-7-102
;
(D)
voyeurism, Section
76-12-306
;
(E)
recorded or photographed voyeurism, Section
76-12-307
; or
(F)
distribution of images obtained through voyeurism, Section
76-12-308
; or
(iv)
subjecting a child to participate in or threatening to subject a child to participate
in a sexual relationship, regardless of whether that sexual relationship is part of a
legal or cultural marriage.
(b)
"Sexual abuse" does not include engaging in any conduct with a child that would
constitute an offense described in:
(i)
Section
76-5-401
, unlawful sexual activity with a minor, if the alleged perpetrator
of the offense is a minor; or
(ii)
Section
76-5-417
, enticing a minor.
(81)
"Sexual exploitation" means knowingly:
(a)
employing, using, persuading, inducing, enticing, or coercing any child to:
(i)
pose in the nude for the purpose of sexual arousal of any individual; or
(ii)
engage in any sexual or simulated sexual conduct for the purpose of
photographing, filming, recording, or displaying in any way the sexual or
simulated sexual conduct;
(b)
displaying, distributing, possessing for the purpose of distribution, or selling material
depicting a child:
(i)
in the nude, for the purpose of sexual arousal of any individual; or
(ii)
engaging in sexual or simulated sexual conduct; or
(c)
engaging in any conduct that would constitute an offense under Section
76-5b-201
,
sexual exploitation of a minor,
or
Section
76-5b-201.1
, aggravated sexual
exploitation of a minor,
Section
76-5b-207
, possession of apparent child sexual abuse
material, Section
76-5b-208
, distribution of apparent child sexual abuse material, or
Section
76-5b-209
, unlawful activity regarding obscene material depicting the sexual
abuse of a minor,
regardless of whether the individual who engages in the conduct is
actually charged with, or convicted of, the offense.
(82)
"Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(83)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(84)
"Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the Division of Child and
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(85)
"Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(86)
"Status offense" means an offense that would not be an offense but for the age of the
offender.
(87)
"Substance abuse" means, except as provided in Section
80-2-603
, the misuse or
excessive use of alcohol or other drugs or substances.
(88)
"Substantiated" or "substantiation" means a judicial finding based on a preponderance
of the evidence, and separate consideration of each allegation made or identified in the
case, that abuse, neglect, or dependency occurred.
(89)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible
relative, or upon court order, when it is determined that continuation of care in the
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and
Family Services, or a minor in the temporary custody or custody of the Division of
Child and Family Services, as those terms are defined in Section
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(90)
"Supported" means a finding by the Division of Child and Family Services based on
the evidence available at the completion of an investigation, and separate consideration
of each allegation made or identified during the investigation, that there is a reasonable
basis to conclude that abuse, neglect, or dependency occurred.
(91)
"Termination of parental rights" means the permanent elimination of all parental rights
and duties, including residual parental rights and duties, by court order.
(92)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(93)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating that
the child is at an unreasonable risk of harm or neglect.
(94)
"Torture" means:
(a)
the infliction of a serious injury upon a child in an exceptionally cruel or
exceptionally depraved manner that causes the child to experience extreme physical
or psychological pain or anguish; or
(b)
the infliction of a serious injury, or more than one serious injury, upon a child as part
of a course of conduct or over a prolonged period of time.
(95)
"Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections
(95)(a)
and
(b)
.
(96)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to
conclude that abuse, neglect, or dependency occurred.
(97)
"Unsupported" means a finding by the Division of Child and Family Services at the
completion of an investigation, after the day on which the Division of Child and Family
Services concludes the alleged abuse, neglect, or dependency is not without merit, that
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(98)
"Validated risk and needs assessment" means an evidence-based tool that assesses a
minor's risk of reoffending and a minor's criminogenic needs.
(99)
"Without merit" means a finding at the completion of an investigation by the Division
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
dependency did not occur, or that the alleged perpetrator was not responsible for the
abuse, neglect, or dependency.
(100)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth
Services for secure care under Sections
80-6-703
and
80-6-705
.
Section 24. Section
81-9-402
is amended to read:
81-9-402
. Custody and visitation for individuals other than a parent -- Venue.
(1)
(a)
In accordance with Section
80-2a-201
, it is the public policy of this state that a
parent retain the fundamental right and duty to exercise primary control over the care,
supervision, upbringing, and education of a minor child of the parent.
(b)
There is a rebuttable presumption that a parent's decisions are in the minor child's
best interests.
(2)
The presumption in Subsection
(1)
is rebutted and a court may grant custodial or
visitation rights to an individual other than a parent if the court finds, by clear and
convincing evidence, that the individual seeking custodial or visitation rights has
established that:
(a)
the individual has intentionally assumed the role and obligations of a parent;
(b)
the individual and the minor child have formed a substantial emotional bond and
created a parent-child type relationship;
(c)
the individual substantially contributed emotionally or financially to the minor child's
well being;
(d)
the assumption of the parental role is not the result of a financially compensated
surrogate care arrangement;
(e)
the continuation of the relationship between the individual and the minor child is in
the minor child's best interest;
(f)
the loss or cessation of the relationship between the individual and the minor child
would substantially harm the minor child; and
(g)
the parent:
(i)
is absent as of the time of filing of the petition;
(ii)
does not have the ability to exercise primary physical custody of the minor child
as of the time of filing of the petition; or
(iii)
has abused or neglected the minor child, or that another court has found that the
parent has abused or neglected the minor child.
(3)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section
78A-6-350
,
an individual shall file a verified petition, or a petition supported by an affidavit, for
custodial or visitation rights to the minor child in the juvenile court if a matter is pending
in the juvenile court, or in the district court in the county where the minor child:
(a)
currently resides; or
(b)
lived with a parent or an individual other than a parent who acted as a parent within
six months before the commencement of the action.
(4)
An individual may file a petition under this section in a pending divorce, parentage
action, or other proceeding, including a proceeding in the juvenile court involving
custody of or visitation with a minor child.
(5)
The petition shall include detailed facts supporting the petitioner's right to file the
petition including the criteria set forth in Subsection
(2)
and residency information
described in Section
81-11-209
.
(6)
An individual may not file a petition under this section against a parent who is actively
serving outside the state in any branch of the military.
(7)
Notice of a petition filed
pursuant to
in accordance with
this chapter shall be served in
accordance with the Utah Rules of Civil Procedure on all of the following:
(a)
the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
(b)
any individual who has court-ordered custody or visitation rights;
(c)
the minor child's guardian;
(d)
the guardian ad litem, if one has been appointed;
(e)
an individual or agency that has physical custody of the minor child or that claims to
have custody or visitation rights; and
(f)
any other individual or agency that has previously appeared in any action regarding
custody of or visitation with the minor child.
(8)
The court may order a custody evaluation to be conducted in any proceeding brought
under this section.
(9)
The court may enter temporary orders in a proceeding brought under this section
pending the entry of final orders.
(10)
Except as provided in Subsection
(11)
, a court may not grant custody of a minor child
under this section to an individual:
(a)
who is not the parent of the minor child; and
(b)
who, before a custody order is issued, is convicted, pleads guilty, or pleads no
contest to a felony or attempted felony involving conduct that constitutes any of the
following:
(i)
child abuse, as described in Sections
76-5-109
,
76-5-109.2
,
76-5-109.3
,
76-5-109.4
,
and
76-5-114
;
(ii)
child abuse homicide, as described in Section
76-5-208
;
(iii)
child kidnapping, as described in Section
76-5-301.1
;
(iv)
human trafficking of a child, as described in Section
76-5-308.5
;
(v)
sexual abuse of a minor, as described in Section
76-5-401.1
;
(vi)
rape of a child, as described in Section
76-5-402.1
;
(vii)
object rape of a child, as described in Section
76-5-402.3
;
(viii)
sodomy on a child, as described in Section
76-5-403.1
;
(ix)
sexual abuse of a child, as described in Section
76-5-404.1
, or aggravated sexual
abuse of a child, as described in Section
76-5-404.3
;
(x)
sexual exploitation of a minor, as described in Section
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor, as described in Section
76-5b-201.1
;

or
(xii)
possession of apparent child sexual abuse material, as described in Section
76-5b-207
;
(xiii)
distribution of apparent child sexual abuse material, as described in Section
76-5b-208
;
(xiv)
unlawful activity regarding obscene material depicting the sexual abuse of a
minor, as described in Section
76-5b-209
; or
(xii)
(xv)
an offense in another state that, if committed in this state, would constitute
an offense described in this Subsection
(10)
.
(11)
(a)
As used in this Subsection
(11)
, "disqualifying offense" means an offense listed
in Subsection
(10)
that prevents a court from granting custody except as provided in
this Subsection
(11)
.
(b)
An individual described in Subsection
(10)
may only be considered for custody of a
minor child if the following criteria are met by clear and convincing evidence:
(i)
the individual is a relative, as defined in Section
80-3-102
, of the minor child;
(ii)
at least 10 years have elapsed from the day on which the individual is
successfully released from prison, jail, parole, or probation related to a
disqualifying offense;
(iii)
during the 10 years before the day on which the individual files a petition with
the court seeking custody the individual has not been convicted, plead guilty, or
plead no contest to an offense greater than an infraction or traffic violation that
would likely impact the health, safety, or well-being of the minor child;
(iv)
the individual can provide evidence of successful treatment or rehabilitation
directly related to the disqualifying offense;
(v)
the court determines that the risk related to the disqualifying offense is unlikely to
cause harm, as defined in Section
80-1-102
, or potential harm to the minor child
currently or at any time in the future when considering all of the following:
(A)
the minor child's age;
(B)
the minor child's gender;
(C)
the minor child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a minor child who is 12 years old or older;
(F)
any available assessments, including custody evaluations, parenting
assessments, psychological or mental health assessments, and bonding
assessments; and
(G)
any other relevant information;
(vi)
the individual can provide evidence of the following:
(A)
the relationship with the minor child is of long duration;
(B)
that an emotional bond exists with the minor child; and
(C)
that custody by the individual who has committed the disqualifying offense
ensures the best interests of the minor child are met;
(vii)
(A)
there is no other responsible relative known to the court who has or likely
could develop an emotional bond with the minor child and does not have a
disqualifying offense; or
(B)
if there is a responsible relative known to the court that does not have a
disqualifying offense, Subsection
(11)(d)
applies; and
(viii)
that the continuation of the relationship between the individual with the
disqualifying offense and the minor child could not be sufficiently maintained
through any type of visitation if custody were given to the relative with no
disqualifying offense described in Subsection
(11)(d)
.
(c)
The individual with the disqualifying offense bears the burden of proof regarding
why placement with that individual is in the best interest of the minor child over
another responsible relative or equally situated individual who does not have a
disqualifying offense.
(d)
If, as provided in Subsection
(11)(b)(vii)(B)
, there is a responsible relative known to
the court who does not have a disqualifying offense:
(i)
preference for custody is given to a relative who does not have a disqualifying
offense; and
(ii)
before the court may place custody with the individual who has the disqualifying
offense over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(12)
Subsections
(10)
and
(11)
apply to a case pending on March 25, 2017, for which a final
decision on custody has not been made and to a case filed on or after March 25, 2017.
Section 25. Section
81-13-203
is amended to read:
81-13-203
. Who may adopt -- Adoption of a minor child.
(1)
An adult may adopt a minor child in accordance with this section and this chapter.
(2)
Except as otherwise provided in this section and subject to the placement requirements
described in Section
81-13-403
, a minor child may be adopted by:
(a)
adults who are legally married to each other in accordance with the laws of this state,
including adoption by a stepparent; or
(b)
an adult who is not married.
(3)
If an adult is cohabiting in a relationship that is not a legally valid and binding marriage
under the laws of this state, the adult may not adopt a minor child unless the individual
is a relative of the minor child or a recognized placement under the Indian Child Welfare
Act, 25 U.S.C. Sec. 1901 et seq.
(4)
A married adult who is lawfully separated from the married adult's spouse may not
adopt a minor child without the consent of the married adult's spouse if the spouse is
capable of giving consent.
(5)
An adult may not adopt a minor child unless:
(a)
the adult is at least 10 years older than the minor child; or
(b)
at least one adult of a married couple is at least 10 years older than the minor child if
a married couple is adopting the minor child.
(6)
Except as provided in Subsection
(7)
, an adult may not adopt a minor child if, before
adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no
contest to a felony or attempted felony involving conduct that constitutes:
(a)
child abuse, as described in Section
76-5-109
;
(b)
aggravated child abuse, as described in Section
76-5-109.2
;
(c)
child abandonment, as described in Section
76-5-109.3
;
(d)
child torture, as described in Section
76-5-109.4
;
(e)
commission of domestic violence in the presence of a child, as described in Section
76-5-114
;
(f)
child abuse homicide, as described in Section
76-5-208
;
(g)
child kidnapping, as described in Section
76-5-301.1
;
(h)
human trafficking of a child, as described in Section
76-5-308.5
;
(i)
sexual abuse of a minor, as described in Section
76-5-401.1
;
(j)
rape of a child, as described in Section
76-5-402.1
;
(k)
object rape of a child, as described in Section
76-5-402.3
;
(l)
sodomy on a child, as described in Section
76-5-403.1
;
(m)
sexual abuse of a child, as described in Section
76-5-404.1
;
(n)
aggravated sexual abuse of a child, as described in Section
76-5-404.3
;
(o)
sexual exploitation of a minor, as described in Section
76-5b-201
;
(p)
aggravated sexual exploitation of a minor, as described in Section
76-5b-201.1
;
or
(q)
possession of apparent child sexual abuse material, as described in Section
76-5b-207
;
(r)
distribution of apparent child sexual abuse material, as described in Section
76-5b-208
;
(s)
unlawful activity regarding obscene material depicting the sexual abuse of a minor,
as described in Section
76-5b-209
; or
(q)
(t)
an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection
(6)
.
(7)
(a)
As used in this Subsection
(7)
, "disqualifying offense" means an offense listed in
Subsection
(6)
that prevents a court from considering an adult for adoption of a minor
child except as provided in this Subsection
(7)
.
(b)
An adult described in Subsection
(6)
may only be considered for adoption of a minor
child if the following criteria are met by clear and convincing evidence:
(i)
at least 10 years have elapsed from the day on which the adult is successfully
released from prison, jail, parole, or probation related to a disqualifying offense;
(ii)
during the 10 years before the day on which the adult files a petition with the
court seeking adoption, the adult has not been convicted, pleaded guilty, or
pleaded no contest to an offense greater than an infraction or traffic violation that
would likely impact the health, safety, or well-being of the minor child;
(iii)
the adult can provide evidence of successful treatment or rehabilitation directly
related to the disqualifying offense;
(iv)
the court determines that the risk related to the disqualifying offense is unlikely
to cause harm, as defined in Section
80-1-102
, or potential harm to the minor child
currently or at any time in the future when considering all of the following:
(A)
the minor child's age;
(B)
the minor child's gender;
(C)
the minor child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a minor child who is 12 years old or older;
(F)
any available assessments, including custody evaluations, home studies,
pre-placement adoptive evaluations, parenting assessments, psychological or
mental health assessments, and bonding assessments; and
(G)
any other relevant information;
(v)
the adult can provide evidence of all of the following:
(A)
the relationship with the minor child is of long duration;
(B)
that an emotional bond exists with the minor child; and
(C)
that adoption by the individual who has committed the disqualifying offense
ensures the best interests of the minor child are met; and
(vi)
the adoption is by:
(A)
a stepparent whose spouse is the adoptee's parent and consents to the
adoption; or
(B)
subject to Subsection
(7)(d)
, a relative of the minor child, as defined in
Section
80-3-102
, and there is not another relative without a disqualifying
offense filing an adoption petition.
(c)
The adult with the disqualifying offense bears the burden of proof regarding why
adoption with that adult is in the best interest of the minor child over another
responsible relative or equally situated adult who does not have a disqualifying
offense.
(d)
If there is an alternative responsible relative who does not have a disqualifying
offense filing an adoption petition:
(i)
preference for adoption shall be given to a relative who does not have a
disqualifying offense; and
(ii)
before the court may grant adoption to the adult who has the disqualifying offense
over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(8)
Subsections
(6)
and
(7)
apply to a case pending on March 25, 2017, for which a final
decision on adoption has not been made and to a case filed on or after March 25, 2017.
Section 26.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 11:13 AM