Human Trafficking, Exploitation, and Smuggling Amendments

383
26B-2-120
53-10-403
53-29-202
53-29-203
53-29-205
53G-6-603
76-1-301
76-2-304.5
76-3-203.19
76-3-203.20
76-5-305
76-5-307
76-5-308
76-5-308.1
76-5-308.5
76-5-308.6
76-5-309
76-5-310
76-5-310.2
76-5-311
76-5-312
76-5-313
76-5-314
76-5-315
76-5-308.3
76-5-310.1
76-5-417
76-5d-106
76-5d-208
76-5d-211
76-14-202
76-17-401
77-22-2.5
77-23a-8
77-38-3
77-38-601
78B-3-113
78B-7-201
78B-7-502
80-1-102
80-2-301
80-3-406
81-9-402
81-13-203
1
Human Trafficking, Exploitation, and Smuggling Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill concerns human labor trafficking, human trafficking for sexual exploitation, and
human smuggling.
Highlighted Provisions:
This bill:
defines terms;
removes the applicability of statutory defenses to offenses concerning human trafficking
or human smuggling;
repeals a freestanding definition section and incorporates the repealed section's definitions
into the human smuggling offenses in which the terms are referenced;
amends the following offenses concerning human trafficking, including revising the name
and elements of the offense, and, for some offenses, requiring specific conduct for a
violation:
human trafficking for labor;
human trafficking for sexual exploitation;
human trafficking of a child (for labor and for sexual exploitation); and
human trafficking of a vulnerable adult (for labor and for sexual exploitation);
divides the offense of aggravated human trafficking for labor or sexual exploitation into
two separate offenses;
revises the offense of benefiting from human trafficking or human smuggling:
to no longer be a separate criminal offense by removing penalty provisions; and
to add human trafficking offenses concerning vulnerable adults to the list of offenses
included in the statute;
creates the following new offenses:
patronizing a victim of human labor trafficking;
patronizing a child victim of human labor trafficking; and
patronizing a vulnerable adult victim of human labor trafficking;
amends the offenses of human smuggling and aggravated human smuggling to
incorporate definitions from the repealed freestanding definitions section;
changes cross references in other statutes referencing human trafficking offenses to
include citations to additional trafficking and patronizing offenses; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-120
, as last amended by Laws of Utah 2025, Chapter 63
53-10-403
, as last amended by Laws of Utah 2025, Chapters 173, 208 and 291
53-29-202
, as enacted by Laws of Utah 2025, Chapter 291
53-29-203
, as enacted by Laws of Utah 2025, Chapter 291
53-29-205
, as enacted by Laws of Utah 2025, Chapter 291
53G-6-603
, as last amended by Laws of Utah 2024, Chapters 113, 381
76-1-301
, as last amended by Laws of Utah 2025, Chapters 173, 174
76-2-304.5
, as last amended by Laws of Utah 2025, Chapters 173, 174
76-3-203.19
, as enacted by Laws of Utah 2025, Chapter 185
76-3-203.20
, as enacted by Laws of Utah 2025, Chapter 519
76-5-305
, as last amended by Laws of Utah 2022, Chapter 181
76-5-308
, as last amended by Laws of Utah 2022, Chapter 181
76-5-308.1
, as last amended by Laws of Utah 2025, Chapter 262
76-5-308.5
, as last amended by Laws of Utah 2025, Chapter 262
76-5-309
, as last amended by Laws of Utah 2025, Chapter 262
76-5-310
, as last amended by Laws of Utah 2025, Chapter 262
76-5-311
, as last amended by Laws of Utah 2025, Chapter 262
76-5-417
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5d-106
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-208
, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-5d-211
, as enacted by Laws of Utah 2025, Chapter 174
76-14-202
, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-17-401
, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-22-2.5
, as last amended by Laws of Utah 2025, Chapter 173
77-23a-8
, as last amended by Laws of Utah 2025, Chapters 173, 174
77-38-3
, as last amended by Laws of Utah 2025, Chapters 173, 174 and 214
77-38-601
, as last amended by Laws of Utah 2025, Chapter 173
78B-3-113
, as renumbered and amended by Laws of Utah 2024, Chapter 331
78B-7-201
, as last amended by Laws of Utah 2021, Chapter 262
78B-7-502
, as last amended by Laws of Utah 2025, Chapter 173
80-1-102
, as last amended by Laws of Utah 2025, Chapter 426
80-2-301
, as last amended by Laws of Utah 2025, Chapters 173, 174
80-3-406
, as last amended by Laws of Utah 2025, Chapters 48, 291 and 447
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:
76-5-308.6
, Utah Code Annotated 1953
76-5-310.2
, Utah Code Annotated 1953
76-5-312
, Utah Code Annotated 1953
76-5-313
, Utah Code Annotated 1953
76-5-314
, Utah Code Annotated 1953
76-5-315
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
76-5-316
, (Renumbered from 76-5-308.3, as enacted by Laws of Utah 2022,
Chapter 181)
76-5-317
, (Renumbered from 76-5-310.1, as enacted by Laws of Utah 2022,
Chapter 181)
REPEALS:
76-5-307
, as last amended by Laws of Utah 2022, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 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 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 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 exploitation of a minor
or aggravated sexual exploitation of a minor;
(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 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 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
for labor
, as described in Section
76-5-308.5
;
(R)
human trafficking of a child for commercial sexual exploitation, as described
in Section
76-5-308.6
;
(S)
patronizing a child victim of human labor trafficking, as described in Section
76-5-314
;
(R)
(T)
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)
(U)
sexual exploitation of a minor, as described in Title
76, Chapter 5b
,
Sexual Exploitation Act;
(T)
(V)
aggravated exploitation of a minor, as described in Section
76-5b-201.1
;
(U)
(W)
aggravated arson, as described in Section
76-6-103
;
(V)
(X)
aggravated burglary, as described in Section
76-6-203
;
(W)
(Y)
aggravated robbery, as described in Section
76-6-302
;
(X)
(Z)
incest, as described in Section
76-7-102
; or
(Y)
(AA)
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 2. Section
53-10-403
is amended to read:
53-10-403
. DNA specimen analysis -- Application to offenders, including minors.
(1)
Sections
53-10-403.6
,
53-10-404
,
53-10-404.5
,
53-10-405
, and
53-10-406
apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under
Subsection
(2)(a)
or
(b)
on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the
United States government of an offense which if committed in this state would be
punishable as one or more of the offenses listed in Subsection
(2)(a)
or
(b)
on or after
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31,
2014, for any offense under Subsection
(2)(c)
;
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May
13, 2014, through December 31, 2014, under Subsection
53-10-404(4)(b)
for any
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
that is within the jurisdiction of the juvenile court on or after
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
and is in the legal custody of the Division of Juvenile Justice
and Youth Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense
described in Subsection
(2)
.
(2)
Offenses referred to in Subsection
(1)
are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection
(2)(a)
:
(i)
for which the court enters a judgment for conviction to a lower degree of offense
under Section
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section
53-10-403.5
;
(ii)
sale or use of body parts, Section
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section
41-6a-401.5
;
(iv)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(v)
a felony violation of enticing a minor, Section
76-5-417
;
(vi)
negligently operating a vehicle resulting in injury, Subsection
76-5-102.1(2)(b)
;
(vii)
a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers,
Section
76-5-102.6
;
(viii)
automobile homicide, Subsection
76-5-207(2)(b)
;
(ix)
aggravated human trafficking, Section
76-5-310
or
76-5-310.2
, and aggravated
human smuggling, Section
76-5-310.1
76-5-317
;
(x)
a felony violation of unlawful sexual activity with a minor, Section
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17
-

year old, Section
76-5-401.2
;
(xiii)
sale of a child, Section
76-7-203
;
(xiv)
aggravated escape, Section
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official,
Section
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or
a member of the Board of Pardons and Parole or acting against a family member
of a judge or a member of the Board of Pardons and Parole, Section
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge
or a member of the Board of Pardons and Parole or acting against a family
member of a judge or a member of the Board of Pardons and Parole, Section
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section
76-8-903
;
(xxii)
a felony violation of sexual battery, Section
76-5-418
;
(xxiii)
a felony violation of lewdness involving a child, Section
76-5-420
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section
76-5-802
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-15-302
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section
76-15-303
;
(xxvii)
possession of a concealed firearm in the commission of a violent felony,
Subsection
76-11-202(3)(c)
;
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon as
described in Subsection
76-9-1503(3)(b)
;
(xxix)
aggravated commercial obstruction, Section
76-9-114
;
(xxx)
a felony violation of failure to register as a sex or kidnap offender, Section
53-29-305
;
(xxxi)
repeat violation of a protective order, Subsection
77-36-1.1(4)
; or
(xxxii)
violation of condition for release after arrest under Section
78B-7-802
.
Section 3. 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
commercial
sexual exploitation under Section
76-5-308.1
;
(vi)
human trafficking of a child for
commercial
sexual exploitation under
Subsection
76-5-308.5(4)(b)
Section
76-5-308.6
;
(vii)
aggravated human trafficking for
commercial
sexual exploitation under Section
76-5-310
76-5-310.2
;
(viii)
human trafficking of a vulnerable adult for
commercial
sexual exploitation
under Section
76-5-311
76-5-312
;
(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)
incest under Section
76-7-102
;
(xxvii)
lewdness under Section
76-5-419
, if the individual has been convicted of the
offense four or more times;
(xxviii)
sexual battery under Section
76-5-418
, if the individual has been convicted of
the offense four or more times;
(xxix)
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)
lewdness involving a child under Section
76-5-420
;
(xxxi)
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)
aggravated exploitation of prostitution under Section
76-5d-208
;
(xxxiii)
kidnapping under Subsection
76-5-301(2)(c)
or
(d)
, if the offender was not
the natural parent of the child victim;
(xxxiv)
child kidnapping under Section
76-5-301.1
, if the offender was not the
natural parent of the child victim;
(xxxv)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(xxxvi)
human trafficking for labor under Section
76-5-308
, if the offender was not
the natural parent of the child victim;
(xxxvii)
human smuggling under Section
76-5-308.3
, if the offender was not the
natural parent of the child victim;
(xxxviii)
(xxxvii)
human trafficking of a child for labor under
Subsection
76-5-308.5(4)(a)
Section
76-5-308.5
, if the offender was not the natural parent of
the child victim;
(xxxix)
(xxxviii)
aggravated human trafficking for labor under Section
76-5-310
, if
the offender was not the natural parent of the child victim;
(xl)
aggravated human smuggling under Section
76-5-310.1
, if the offender was not
the natural parent of the child victim;
(xli)
(xxxix)
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;
(xl)
human smuggling under Section
76-5-316
, if the offender was not the natural
parent of the child victim;
(xli)
aggravated human smuggling under Section
76-5-317
, if the offender was not
the natural parent of the child victim;
or
(xlii)
attempting, soliciting, or conspiring to commit a felony violation of an offense
listed in Subsections
(1)(a)(i)
through
(xl)
(xli)
;
(b)
(i)
has been convicted of a criminal offense, or an attempt, solicitation, or
conspiracy to commit a criminal offense in an external jurisdiction that is
substantially equivalent to the offense listed in Subsection
(1)(a)
; and
(ii)
(A)
is a Utah resident; or
(B)
is not a Utah resident and is in this state for a total of 10 days in a 12-month
period, regardless of whether the individual intends to permanently reside in
this state;
(c)
(i)
(A)
is required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection
(1)(a)
or a
substantially equivalent offense;
(B)
is ordered by a court to register on a registry for individuals who have
committed an offense listed in Subsection
(1)(a)
or a substantially equivalent
offense; or
(C)
would be required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection
(1)(a)
, or a
substantially equivalent offense, if residing in the external jurisdiction of the
conviction regardless of the date of the conviction or a previous registration
requirement; and
(ii)
is in this state for a total of 10 days in a 12-month period, regardless of whether
the individual intends to permanently reside in this state;
(d)
(i)
(A)
is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
is convicted of an offense listed in Subsection
(1)(a)
or a substantially
equivalent offense in an external jurisdiction; or
(B)
is required to register on a sex, kidnap, and child abuse registry, or an
equivalent registry, in the individual's state of residence based on a conviction
for an offense that is not substantially equivalent to an offense listed in
Subsection
(1)(a)
;
(e)
is found not guilty by reason of insanity in this state or in an external jurisdiction of
an offense listed in Subsection
(1)(a)
or a substantially equivalent offense; or
(f)
(i)
is adjudicated under Section
80-6-701
for one or more offenses listed in
Subsection
(1)(a)
; and
(ii)
has been committed to the division for secure care, as defined in Section
80-1-102
,
for that offense if:
(A)
the individual remains in the division's custody until 30 days before the
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual
under Section
80-6-605
and the individual remains in the division's custody
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the
department before expiration of the division's jurisdiction over the individual.
(2)
Subject to Subsection
(3)
, an individual is:
(a)
a child abuse offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described
in Subsection
(1)(a)(i)
through
(ii)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsection
(1)(a)(i)
through
(ii)
or a substantially equivalent offense;
(b)
a sex offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described
in Subsections
(1)(a)(iii)
through
(xxxii)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(iii)
through
(xxxii)
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)
; or
(ii)
meets a requirement described in Subsections
(1)(b)
through
(e)
for an offense
described in Subsections
(1)(a)(xxxiii)
through
(xli)
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 4. 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)
(vi)
human trafficking of a child for labor under
Subsection
76-5-308.5(4)(a)
Section
76-5-308.5
, if the offender was not the natural parent of the child victim;
(viii)
(vii)
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)
(viii)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(ix)
human smuggling under Section
76-5-316
, if the offender was not the natural
parent of the child victim;
(x)
aggravated human smuggling under Section
76-5-317
;
(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
commercial
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
commercial
sexual exploitation under
Subsection
76-5-308.5(4)(b)
Section
76-5-308.6
, if the offender was not the
natural parent of the child victim;
(D)
aggravated human trafficking for
commercial
sexual exploitation under
Section
76-5-310
76-5-310.2
, if the offender was not the natural parent of the
child victim;
(E)
human trafficking of a vulnerable adult for
commercial
sexual exploitation
under Section
76-5-311
76-5-312
, if the offender was not the natural parent of
the child victim;
(F)
forcible sodomy under Section
76-5-403
;
(G)
sexual abuse of a child under Section
76-5-404.1
;
(H)
sexual exploitation of a minor under Section
76-5b-201
;
(I)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(J)
aggravated sexual extortion under Subsection
76-5b-204(2)(b)
; or
(K)
aggravated exploitation of prostitution under Section
76-5d-208
, on or after
May 10, 2011; or
(b)
the offender's lifetime if the registrable offense is:
(i)
a conviction for an offense described in Subsection
(1)(a)
, if the offender has, at
the time of conviction for the offense:
(A)
previously been convicted of an offense described in Subsection
(1)(a)
, or a
substantially equivalent offense in an external jurisdiction; or
(B)
previously been required to register as an offender for an offense described in
Subsection
(1)(a)
committed as a juvenile;
(ii)
a following offense, including attempting, soliciting, or conspiring to commit a
felony violation of:
(A)
child kidnapping under Section
76-5-301.1
, if the offender was not the natural
parent of the child victim;
(B)
rape under Section
76-5-402
;
(C)
rape of a child under Section
76-5-402.1
;
(D)
object rape under Section
76-5-402.2
;
(E)
object rape of a child under Section
76-5-402.3
;
(F)
sodomy on a child under Section
76-5-403.1
;
(G)
aggravated sexual abuse of a child under Section
76-5-404.3
; or
(H)
aggravated sexual assault under Section
76-5-405
;
(iii)
aggravated kidnapping under Section
76-5-302
, if the offender was not the
natural parent of the child victim;
(iv)
human trafficking for
commercial
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
commercial
sexual exploitation under
Subsection
76-5-308.5(4)(b)
Section
76-5-308.6
, if the offender was not the natural parent of
the child victim;
(vi)
aggravated human trafficking for
commercial
sexual exploitation under Section
76-5-310
76-5-310.2
, if the offender was not the natural parent of the child victim;
(vii)
human trafficking of a vulnerable adult for
commercial
sexual exploitation
under Section
76-5-311
76-5-312
, 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, as that term is defined in Section
76-5b-103
,
was:
(A)
distributed to the victim by the offender; or
(B)
distributed, produced, or possessed by the offender at the time of the offense,
that involved force or coercion against a victim depicted in the child sexual
abuse material; and
(vi)
any other factor the sentencing court determines is relevant.
(4)
Except for an individual who is adjudicated for a registrable offense and is an offender
who meets the requirements under Subsection
53-29-202(1)(f)
, an individual who is
under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
registration requirements under this chapter unless the offender:
(a)
is charged by criminal information in juvenile court under Section
80-6-503
;
(b)
is bound over to district court in accordance with Section
80-6-504
; and
(c)
is convicted of a registrable offense.
(5)
An offender subject to the 10-year or lifetime registration requirements under
Subsection
(1)
may petition the court for an order of removal from the registry in
accordance with Section
53-29-204
,
53-29-205
, or
53-29-206
.
Section 5. 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)
(e)
human trafficking of a child for labor under
Subsection
76-5-308.5(4)(a)
Section
76-5-308.5
;
(g)
(f)
aggravated human trafficking for labor under Section
76-5-310
;
(g)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(h)
human smuggling under Section
76-5-316
;
(h)
(i)
aggravated human smuggling under Section
76-5-310.1
76-5-317
;
(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
commercial
sexual exploitation under Section
76-5-308.1
;
(ii)
human trafficking of a child for
commercial
sexual exploitation under
Subsection
76-5-308.5(4)(b)
Section
76-5-308.6
;
(iii)
aggravated human trafficking for
commercial
sexual exploitation under Section
76-5-310
76-5-310.2
;
(iv)
human trafficking of a vulnerable adult for
commercial
sexual exploitation under
Section
76-5-311
76-5-312
;
(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)
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 6. Section
53G-6-603
is amended to read:
53G-6-603
. Requirement of birth certificate for enrollment of students --
Procedures.
(1)
As used in this section:
(a)
"Child trafficking" means
:
(i)

human trafficking of a child
for labor
in violation of Section
76-5-308.5
; or
(ii)
human trafficking of a child for commercial sexual exploitation in violation of
Section
76-5-308.6
.
(b)
"Enroller" means an individual who enrolls a student in a public school.
(c)
"Review team" means a team described in Subsection
(4)
, assigned to determine a
student's biological age as described in this section.
(d)
"Social service provider" means the same as that term is defined in Section
53E-3-524
.
(2)
Except as provided in Subsection
(3)
, upon enrollment of a student for the first time in a
particular school, that school shall notify the enroller in writing that within 30 days the
enroller shall provide to the school either:
(a)
a certified copy of the student's birth certificate; or
(b)
(i)
other reliable proof of the student's:
(A)
identity;
(B)
biological age; and
(C)
relationship to the student's legally responsible individual; and
(ii)
an affidavit explaining the enroller's inability to produce a copy of the student's
birth certificate.
(3)
(a)
If the documentation described in Subsection
(2)(a)
or
(2)(b)(i)
inaccurately
reflects the student's biological age, the enroller shall provide to the school:
(i)
an affidavit explaining the reasons for the inaccuracy described in Subsection
(3)(a)
; and
(ii)
except as provided in Subsection
(4)
, supporting documentation that establishes
the student's biological age.
(b)
The supporting documentation described in Subsection
(3)(a)(ii)
may include:
(i)
a religious, hospital, physician, or physician assistant certificate showing the
student's date of birth;
(ii)
an entry in a family religious text;
(iii)
an adoption record;
(iv)
previously verified school records;
(v)
previously verified immunization records;
(vi)
documentation from a social service provider; or
(vii)
other legal documentation, including from a consulate, that reflects the student's
biological age.
(4)
(a)
If the supporting documentation described in Subsection
(3)(b)
is not available,
the school shall assign a review team to work with the enroller to determine the
student's biological age for an LEA to use for a student's enrollment and appropriate
placement in a public school.
(b)
The review team described in Subsection
(4)(a)
:
(i)
may include:
(A)
an appropriate district administrator;
(B)
the student's teacher or teachers;
(C)
the school principal;
(D)
a school counselor;
(E)
a school social worker;
(F)
a school psychologist;
(G)
a culturally competent and trauma-informed community representative;
(H)
a school nurse or other school health specialist;
(I)
an interpreter, if necessary; or
(J)
a relevant educational equity administrator; and
(ii)
shall include at least three members, at least one of which has completed the
instruction described in Subsection
53G-9-207(3)(a)
, no more than two years prior
to the member's appointment to the review team.
(c)
In addition to any duty to comply with the mandatory reporting requirements
described in Section
53E-6-701
, a school shall report to local law enforcement and to
the division any sign of child trafficking that the review team identifies in carrying
out the review team's duties described in Subsection
(4)(a)
.
Section 7. Section
76-1-301
is amended to read:
76-1-301
. Offenses for which prosecution may be commenced at any time.
(1)
As used in this section:
(a)
"Aggravating offense" means any offense incident to which a homicide was
committed as described in Subsection
76-5-202(2)(a)(iv)
or
(v)
or Subsection
76-5-202(2)(b)
.
(b)
"Predicate offense" means an offense described in Subsection
76-5-203(1)(a)
if a
person other than a party as defined in Section
76-2-202
was killed in the course of
the commission, attempted commission, or immediate flight from the commission or
attempted commission of the offense.
(2)
Notwithstanding any other provisions of this code, prosecution for the following
offenses may be commenced at any time:
(a)
an offense classified as a capital felony under Section
76-3-103
;
(b)
aggravated murder under Section
76-5-202
;
(c)
murder under Section
76-5-203
;
(d)
manslaughter under Section
76-5-205
;
(e)
child abuse homicide under Section
76-5-208
;
(f)
aggravated kidnapping under Section
76-5-302
;
(g)
child kidnapping under Section
76-5-301.1
;
(h)
rape under Section
76-5-402
;
(i)
rape of a child under Section
76-5-402.1
;
(j)
object rape under Section
76-5-402.2
;
(k)
object rape of a child under Section
76-5-402.3
;
(l)
forcible sodomy under Section
76-5-403
;
(m)
sodomy on a child under Section
76-5-403.1
;
(n)
sexual abuse of a child under Section
76-5-404.1
;
(o)
aggravated sexual abuse of a child under Section
76-5-404.3
;
(p)
aggravated sexual assault under Section
76-5-405
;
(q)
any predicate offense to a murder or aggravating offense to an aggravated murder;
(r)
aggravated human trafficking under Section
76-5-310
or
76-5-310.2
;
(s)
aggravated human smuggling under Section
76-5-310.1
;
(t)
(s)
human trafficking of a child
for labor
under Section
76-5-308.5
;
(t)
human trafficking of a child for commercial sexual exploitation under Section
76-5-308.6
;
(u)

aggravated human smuggling under Section
76-5-317
;
or
(u)
(v)
aggravated exploitation of prostitution involving a child under Section
76-5d-208
.
Section 8. Section
76-2-304.5
is amended to read:
76-2-304.5
. Mistake as to victim's age not a defense.
(1)
It is not a defense to the following offenses that the actor mistakenly believed the victim
to be 14 years old or older at the time of the alleged offense or was unaware of the
victim's true age:
(a)
child kidnapping, Section
76-5-301.1
;
(b)
rape of a child, Section
76-5-402.1
;
(c)
object rape of a child, Section
76-5-402.3
;
(d)
sodomy on a child, Section
76-5-403.1
;
(e)
sexual abuse of a child, Section
76-5-404.1
;
(f)
aggravated sexual abuse of a child, Section
76-5-404.3
;
(g)
unlawful kissing of a child, Section
76-5-416.2
; or
(h)
an attempt to commit an offense listed in Subsections
(1)(a)
through
(1)(g)
.
(2)
It is not a defense to the following offenses that the actor mistakenly believed the victim
to be 16 years old or older at the time of the alleged offense or was unaware of the
victim's true age:
(a)
unlawful sexual activity with a minor, Section
76-5-401
;
(b)
sexual abuse of a minor, Section
76-5-401.1
; or
(c)
an attempt to commit an offense listed in Subsection
(2)(a)
or
(2)(b)
.
(3)
It is not a defense to the following offenses that the actor mistakenly believed the victim
to be 18 years old or older at the time of the alleged offense or was unaware of the
victim's true age:
(a)
human trafficking of a child
for labor
, Section
76-5-308.5
;
(b)
human trafficking of a child for commercial sexual exploitation, Section
76-5-308.6
;
(b)
(c)
aggravated human trafficking, Section
76-5-310
;
(c)
(d)
aggravated human smuggling, Section
76-5-310.1
76-5-317
;
(d)
(e)
unlawful sexual conduct with a minor, Subsection
76-5-401.2(2)(a)(ii)
;
(e)
(f)
patronizing a prostituted individual who is a child, Section
76-5d-204
;
(f)
(g)
aggravated exploitation of prostitution, Section
76-5d-208
; or
(g)
(h)
sexual solicitation

by an actor offering compensation to a child in exchange for
sexual activity, Section
76-5d-211
.
Section 9. Section
76-3-203.19
is amended to read:
76-3-203.19
. Aggravating factor for an offense committed against a child or
minor as part of a ritual.
(1)
As used in this section:
(a)
"Offense against a child or minor" means an offense that is:
(i)
child abuse as described in Section
76-5-109
;
(ii)
child torture, as described in Section
76-5-109.4
;
(iii)
aggravated child abuse as described in Section
76-5-109.2
;
(iv)
abuse or neglect of a child with a disability as described in Section
76-5-110
;
(v)
child abuse homicide as described in Section
76-5-208
;
(vi)
kidnapping as described in Section
76-5-301
, if committed against an individual
under 18 years old;
(vii)
child kidnapping as described in Section
76-5-301.1
;
(viii)
aggravated kidnapping as described in Section
76-5-302
, if committed against
an individual under 18 years old;
(ix)
human trafficking of a child
for labor
as described in Section
76-5-308.5
;
(x)
human trafficking of a child for commercial sexual exploitation as described in
Section
76-5-308.6
;
(x)
(xi)
unlawful sexual activity with a minor as described in Section
76-5-401
;
(xi)
(xii)
sexual abuse of a minor as described in Section
76-5-401.1
;
(xii)
(xiii)
rape as described in Section
76-5-402
, if committed against an individual
under 18 years old;
(xiii)
(xiv)
rape of a child as described in Section
76-5-402.1
;
(xiv)
(xv)
object rape as described in Section
76-5-404.2
, if committed against an
individual under 18 years old;
(xv)
(xvi)
object rape of a child as described in Section
76-5-402.3
;
(xvi)
(xvii)
forcible sodomy as described in Section
76-5-403
, if committed against
an individual under 18 years old;
(xvii)
(xviii)
sodomy on a child as described in Section
76-5-403.1
;
(xviii)
(xix)
forcible sexual abuse as described in Section
76-5-404
, if committed
against an individual under 18 years old;
(xix)
(xx)
sexual abuse of a child as described in Section
76-5-404.1
;
(xx)
(xxi)
aggravated sexual abuse of a child as described in Section
76-5-404.3
;
(xxi)
(xxii)
aggravated sexual assault as described in Section
76-5-405
, if committed
against an individual under 18 years old;
(xxii)
(xxiii)
unlawful kissing of a child as described in Section
76-5-416.2
; or
(xxiii)
(xxiv)
unlawful kissing of a minor as described in Section
76-5-416.4
.
(b)
"Ritual" means an event or act, or a series of events or acts:
(i)
marked by specific actions, specific gestures, ceremonial objects, ceremonial
clothing, religious texts, or specific words; and
(ii)
designed to commemorate, celebrate, or solemnize a particular occasion or
significance in a religious, cultural, social, institutional, or other context.
(2)
For a defendant convicted of an offense against a child or minor, it is an aggravating
factor if the sentencing court finds that the defendant committed the offense as part of,
or to facilitate, a ritual or a training or practice to perform a ritual.
(3)
When sentencing a defendant convicted of an offense against a child or minor subject to
the aggravating factor described in Subsection
(2)
, the sentencing court shall consider
the aggravating factor and include the aggravating factor in the judgment of commitment.
(4)
In determining the length of imprisonment for a defendant imprisoned for a conviction
of an offense against a child or minor subject to the aggravating factor described in
Subsection
(2)
, the Board of Pardons and Parole shall consider the aggravating factor.
Section 10. Section
76-3-203.20
is amended to read:
76-3-203.20
. Aggravating factor if actor traveled to commit a child sexual
offense.
(1)
As used in this section:
(a)
"Child sexual offense" means one of the following offenses:
(i)
human trafficking of a child
for commercial sexual exploitation
as described in
Section
76-5-308.5
76-5-308.6
;
(ii)
unlawful sexual activity with a minor as described in Section
76-5-401
;
(iii)
sexual abuse of a minor as described in Section
76-5-401.1
;
(iv)
unlawful sexual conduct with a 16- or 17-year-old as described in Section
76-5-401.2
;
(v)
rape of a child as described in Section
76-5-402.1
;
(vi)
object rape of a child as described in Section
76-5-402.3
;
(vii)
sodomy on a child as described in Section
76-5-403.1
;
(viii)
sexual abuse of a child as described in Section
76-5-404.1
;
(ix)
aggravated sexual abuse of a child as described in Section
76-5-404.3
;
(x)
unlawful kissing of a child as described in Section
76-5-416.2
; or
(xi)
unlawful kissing of a minor as described in Section
76-5-416.4
.
(b)
"Principal place of residence" means the single location where an individual's
habitation is fixed and to which, whenever the individual is absent, the individual has
the intention of returning, as evidenced by:
(i)
the intent expressed by the individual; and
(ii)
acts of the individual that are consistent or inconsistent with the intent expressed
by the individual.
(2)
For a defendant convicted of a child sexual offense, it is an aggravating factor if the
sentencing court finds that the defendant:
(a)
traveled more than 45 miles from the defendant's principal place of residence for the
purpose of the defendant committing, or attempting to commit, the child sexual
offense; or
(b)
paid for, or otherwise facilitated, the victim to travel more than 45 miles from the
victim's principal place of residence, for the purpose of the defendant committing, or
attempting to commit, the child sexual offense.
(3)
When sentencing a defendant convicted of a child sexual offense subject to the
aggravating factor described in Subsection
(2)
, the sentencing court shall consider the
aggravating factor and include the aggravating factor in the judgment of commitment.
(4)
In determining the length of imprisonment for a defendant imprisoned for a conviction
of an offense against a child or minor subject to the aggravating factor described in
Subsection
(2)
, the Board of Pardons and Parole shall consider the aggravating factor.
Section 11. Section
76-5-305
is amended to read:
3. Kidnapping, Trafficking, and Smuggling
76-5-305
. Defenses to certain offenses concerning kidnapping, custodial
interference, and unlawful detention.
(1)
It is a defense
under this part that
to an offense listed in Subsection
(2)
that
:
(a)
the actor was acting under a reasonable belief that:
(i)
the conduct was necessary to protect any individual from imminent bodily injury
or death; or
(ii)
the detention or restraint was authorized by law; or
(b)
the alleged victim is younger than 18 years old or is a dependent adult, as defined in
Section
76-5-111
, and the actor was acting under a reasonable belief that the
custodian, guardian, caretaker, legal guardian, custodial parent, or person acting in
loco parentis to the victim would, if present, have consented to the actor's conduct.
(2)
Subsection
(1)(b)
may not be used as a defense to conduct described in Section
76-5-308.5
.
(2)
The offenses referred to in Subsection
(1)
are:
(a)
kidnapping, in violation of Section
76-5-301
;
(b)
child kidnapping, in violation of Section
76-5-301.1
;
(c)
parental kidnapping, in violation of Section
76-5-301.2
;
(d)
aggravated kidnapping, in violation of Section
76-5-302
;
(e)
custodial interference, in violation of Section
76-5-303
; or
(f)
unlawful detention and unlawful detention of a minor, in violation of Section
76-5-304
.
Section 12. Section
76-5-308
is amended to read:
76-5-308
. Human trafficking for labor.
(1)
(a)
As used in this section:
(i)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(ii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iii)
"Extortion" means an offense of:
(A)
sexual extortion or aggravated sexual extortion under Section
76-5b-204
; or
(B)
theft by extortion under Section
76-6-406
.
(iv)
"Fraud" means a knowingly false or misleading material representation of fact
that is:
(A)
made to obtain money, property, a benefit, or a service to which a person is
not entitled;
(B)
intended to cause another person to rely upon the representation; and
(C)
relied upon by another person.
(b)
Terms defined in
Sections
Section

76-1-101.5
and
76-5-307
apply to this section.
(2)
An actor commits human trafficking for labor if
:
(a)

the actor
recruits,
enlists,
harbors, transports, obtains,
patronizes, or solicits
or
uses
an individual
for labor
for the purpose of procuring or using the individual's
labor
through the use of force, fraud, or coercion
, which may include
;
(b)
the labor described in Subsection
(2)(a)
is not a commercial sexual act or a
commercial sexually explicit performance; and
(c)
the actor's use of force, fraud, or coercion described in Subsection
(2)(a)
involves
:
(a)
(i)
causing, or
threatening
to cause,
serious harm to
, or physical restraint
against, that
the
individual or another individual;
(ii)
physically restraining, or threatening to physically restrain, the individual or
another individual;
(b)
(iii)
destroying, concealing, removing, confiscating, or
unlawfully
possessing
any
a
passport, immigration document, or other government-issued identification
document;
(c)
(iv)
abusing or threatening abuse of the law or legal process
using, or
threatening to use, the legal process in an unlawful manner
against the individual
or another individual;
(v)
kidnapping, or threatening to kidnap, the individual or another individual;
(vi)
extortion of the individual or another individual;
(vii)
facilitating or controlling the individual's access to a controlled substance; or
(viii)
creating or exploiting a circumstance under which:
(A)
the individual is unable to terminate the employment relationship; or
(B)
the individual is unlawfully forced to remain in a condition of servitude.
(d)
using a condition of an individual being a debtor due to a pledge of the individual's
personal services or the personal services of an individual under the control of the
debtor as a security for debt where the reasonable value of the services is not applied
toward the liquidation of the debt or the length and nature of those services are not
respectively limited and defined;
(e)
using a condition of servitude by means of any scheme, plan, or pattern intended to
cause an individual to believe that if the individual did not enter into or continue in a
condition of servitude, the individual or another individual would suffer serious harm
or physical restraint, or would be threatened with abuse of legal process; or
(f)
creating or exploiting a relationship where the individual is dependent upon the actor.
(3)
(a)
A violation of Subsection
(2)
is a second degree felony
if the violation is done
knowingly
.
(b)
A violation of Subsection
(2)
is a third degree felony if the violation is done
recklessly.
(4)
Human trafficking for labor includes any labor obtained through force, fraud, or
coercion as described in Subsection
(2)
.
(5)
(4)
This offense
An offense committed under this section
is a separate offense from
any other
crime
offense
committed in relationship to the commission of
this offense
an
offense under this section
.
Section 13. Section
76-5-308.1
is amended to read:
76-5-308.1
. Human trafficking for commercial sexual exploitation.
(1)
(a)
As used in this section:
(i)
"Commercial sexual act" means participating in an act of sexual activity with
another individual for which anything of value is offered, given to, or received by
any individual.
(ii)
(A)
"Commercial sexually explicit performance" means a sexually explicit
performance or activity for which anything of value is offered, given to, or
received by any individual.
(B)
"Commercial sexually explicit performance" does not include a commercial
sexual act.
(iii)
"Extortion" means the same as that term is defined in Section
76-5-308
.
(iv)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(v)
"Sexual activity" means:
(A)
sexual intercourse or any other sexual act involving the genitals of one
individual and the mouth or anus of another individual; or
(B)
the touching of the genitals, female breast, or anus of one individual with any
other body part of another individual with the intent to sexually arouse or
gratify either individual.
(b)
Terms defined in
Sections
Section

76-1-101.5

and
76-5-307

apply to this section.
(2)
An actor commits human trafficking for
commercial
sexual exploitation if
:
(a)

the actor
recruits,
enlists,
harbors, transports, obtains, patronizes, or solicits an
individual
for sexual exploitation
for the purpose of procuring the individual's labor
in the form of a commercial sexually explicit performance or commercial sexual act

through the use of force, fraud, or coercion
, which may include:
; and
(b)
the actor's use of force, fraud, or coercion described in Subsection
(2)(a)
involves:
(a)
(i)
causing, or
threatening
to cause,
serious harm to
, or physical restraint
against, that
the
individual or another individual;
(ii)
physically restraining, or threatening to physically restrain, the individual or
another individual;
(b)
(iii)
destroying, concealing, removing, confiscating, or
unlawfully
possessing
any
a
passport, immigration document, or other government-issued identification
document;
(c)
(iv)
abusing or threatening abuse of the law or legal process
using, or
threatening to use, the legal process in an unlawful manner
against the individual
or another individual;
(v)
kidnapping, or threatening to kidnap, the individual or another individual;
(vi)
extortion of the individual or another individual;
(vii)
facilitating or controlling the individual's access to a controlled substance; or
(viii)
creating or exploiting a circumstance under which:
(A)
the individual is unable to terminate the employment relationship; or
(B)
the individual is unlawfully forced to remain in a condition of servitude.
(d)
using a condition of an individual being a debtor due to a pledge of the individual's
personal services or the personal services of an individual under the control of the
debtor as a security for debt where the reasonable value of the services is not applied
toward the liquidation of the debt or the length and nature of those services are not
respectively limited and defined;
(e)
using a condition of servitude by means of any scheme, plan, or pattern intended to
cause an individual to believe that if the individual did not enter into or continue in a
condition of servitude, the individual or another individual would suffer serious harm
or physical restraint, or would be threatened with abuse of legal process; or
(f)
creating or exploiting a relationship where the individual is dependent upon the actor.
(3)
(a)
A violation of Subsection
(2)
is a first degree felony
if the violation:
(i)
involves a commercial sexual act; and
(ii)
is done knowingly
.
(b)
A violation of Subsection
(2)
is a second degree felony if the violation:
(i)
(A)
involves a commercial sexually explicit performance; and
(B)
is done knowingly; or
(ii)
(A)
involves a commercial sexual act; and
(B)
is done recklessly.
(c)
A violation of Subsection
(2)
is a third degree felony if the violation:
(i)
involves a commercial sexually explicit performance; and
(ii)
is done recklessly.
(4)
Human trafficking for sexual exploitation includes all forms of commercial sexual
activity, which may include the following conduct when the person acts under force,
fraud, or coercion as described in Subsection
(1)
:
(a)
sexually explicit performance;
(b)
prostitution;
(c)
participation in the production of pornography;
(d)
performance in strip clubs; and
(e)
exotic dancing or display.
(5)
(4)
This offense
An offense committed under this section
is a separate offense from
any other
crime
offense
committed in relationship to the commission of
this offense
an
offense under this section
.
Section 14. Section
76-5-308.5
is amended to read:
76-5-308.5
. Human trafficking of a child for labor.
(1)
(a)
As used in this section
, "commercial sexual activity with a child" means any
sexual act with a child, for which anything of value is given to or received by any
person.
:
(i)
"Child" means an individual who is younger than 18 years old.
(ii)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(iii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iv)
"Extortion" means the same as that term is defined in Section
76-5-308
.
(v)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(b)
Terms defined in
Sections
Section

76-1-101.5
and
76-5-307
apply to this section.
(2)
An actor commits human trafficking of a child
for labor
if
the actor recruits,
:
(a)

the actor enlists,
harbors, transports, obtains,
patronizes, or solicits a child for
sexual exploitation or forced labor.
or uses a child for the purpose of procuring or
using the child's labor through the use of force, fraud, or coercion of either the child
or an individual who has the ability to control the actions of the child;
(b)
the labor described in Subsection
(2)(a)
is not a commercial sexual act or a
commercial sexually explicit performance; and
(c)
the actor's use of force, fraud, or coercion described in Subsection
(2)(a)
involves:
(i)
causing, or threatening to cause, serious harm to the child or another individual;
(ii)
physically restraining, or threatening to physically restrain, the child or another
individual;
(iii)
destroying, concealing, removing, confiscating, or unlawfully possessing a
passport, immigration document, or other government-issued identification
document;
(iv)
using, or threatening to use, the legal process in an unlawful manner against the
child or another individual;
(v)
kidnapping, or threatening to kidnap, the child or another individual;
(vi)
extortion of the child or another individual;
(vii)
facilitating or controlling the child's access to a controlled substance; or
(viii)
creating or exploiting a circumstance under which:
(A)
the child, or an individual who has the ability to control the actions of the
child, is unable to terminate the employment relationship; or
(B)
the child is unlawfully forced to remain in a condition of servitude.
(3)
(a)
A violation of Subsection
(2)
that is done knowingly
is a first degree felony
punishable by a term of imprisonment of not less than:
(a)
(i)
10 years and which may be for life if the child described in Subsection
(2)
is
14 years old or older but younger than 18 years old; or
(b)
(ii)
15 years and which may be for life if the child described in Subsection
(2)
is
under 14 years old.
(b)
A violation of Subsection
(2)
that is done recklessly is a second degree felony.
(4)
(a)
Human trafficking of a child for labor includes any labor obtained through force,
fraud, or coercion as described in Section
76-5-308
.
(b)
Human trafficking of a child for sexual exploitation includes all forms of
commercial sexual activity with a child, including sexually explicit performance,
prostitution, participation in the production of pornography, performance in a strip
club, and exotic dancing or display as described in Section
76-5-308.1
.
(5)
(4)
This offense
An offense committed under this section
is a separate offense from
any other
crime
offense
committed in relationship to the commission of
this offense
an
offense under this section
.
(5)
In accordance with Section
76-2-304.5
, it is not a defense to a prosecution under this
section that the actor mistakenly believed the child described in Subsection
(2)
was 18
years old or older at the time of the violation of Subsection
(2)
or was unaware of the
child's true age.
Section 15. Section
76-5-308.6
is enacted to read:
76-5-308.6
. Human trafficking of a child for commercial sexual exploitation.
(1)
(a)
As used in this section:
(i)
"Child" means an individual who is younger than 18 years old.
(ii)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(iii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits human trafficking of a child for commercial sexual exploitation if the
actor enlists, harbors, transports, obtains, patronizes, or solicits a child for the purpose of
procuring the child's labor in the form of a commercial sexual act or a commercial
sexually explicit performance.
(3)
(a)
A violation of Subsection
(2)
that is done knowingly is a first degree felony
punishable by a term of imprisonment of not less than:
(i)
10 years and which may be for life if the child described in Subsection
(2)
is 14
years old or older but younger than 18 years old; or
(ii)
15 years and which may be for life if the child described in Subsection
(2)
is
under 14 years old.
(b)
A violation of Subsection
(2)
that is done recklessly is a second degree felony.
(4)
An offense committed under this section is a separate offense from any other offense
committed in relationship to the commission of an offense under this section.
(5)
In accordance with Section
76-2-304.5
, it is not a defense to a prosecution under this
section that the actor mistakenly believed the child described in Subsection
(2)
was 18
years old or older at the time of the violation of Subsection
(2)
or was unaware of the
child's true age.
Section 16. Section
76-5-309
is amended to read:
76-5-309
. Criminal liability based on benefiting from human trafficking or
human smuggling.
(1)
Terms defined in Sections
76-1-101.5
and
76-5-307
apply to this section.
(2)
An actor is a party to the offense if the actor benefits, receives, or exchanges anything of
value from knowing participation in:
(a)
human trafficking for labor in violation of Section
76-5-308
;
(b)
human smuggling in violation of Section
76-5-308.3
;
(c)
human trafficking of a child in violation of Section
76-5-308.5
; and
(d)
(b)
human trafficking for
commercial
sexual exploitation in violation of Section
76-5-308.1
.
;
(c)
human trafficking of a child for labor in violation of Section
76-5-308.5
;
(d)
human trafficking of a child for commercial sexual exploitation in violation of
Section
76-5-308.6
;
(e)
human trafficking of a vulnerable adult for labor in violation of Section
76-5-311
;
(f)
human trafficking of a vulnerable adult for commercial sexual exploitation in
violation of Section
76-5-312
; or
(g)
human smuggling in violation of Section
76-5-316
.
(3)
(a)
A violation of Subsection
(2)(a)
is a second degree felony.
(b)
A violation of Subsection
(2)(b)
is a third degree felony.
(c)
A violation of Subsection
(2)(c)
is a first degree felony punishable by a term of
imprisonment of not less than 10 years and which may be for life.
(d)
A violation of Subsection
(2)(d)
is a first degree felony.
(4)
An actor commits a separate offense of human trafficking, human trafficking of a child,
or human smuggling for each individual who is smuggled or trafficked under Section
76-5-308
,
76-5-308.1
,
76-5-308.3
,
76-5-308.5
,
76-5-310
, or
76-5-310.1
.
Section 17. Section
76-5-310
is amended to read:
76-5-310
. Aggravated human trafficking for labor.
(1)
Terms defined in
Sections
Section

76-1-101.5
and
76-5-307
apply to this section.
(2)
An actor commits aggravated human trafficking for labor
or sexual exploitation
if, in
the course of committing an offense
of human trafficking for labor
under Section
76-5-308
or
76-5-308.1
, the offense:
(a)
results in the death of
a trafficked individual
an individual who is a victim of the
offense described in Section
76-5-308
;
(b)
results in serious bodily injury of
a trafficked individual
an individual who is a
victim of the offense described in Section
76-5-308
;
(c)
involves:
(i)
rape under Section
76-5-402
;
(ii)
rape of a child under Section
76-5-402.1
;
(iii)
object rape under Section
76-5-402.2
;
(iv)
object rape of a child under Section
76-5-402.3
;
(v)
forcible sodomy under Section
76-5-403
;
(vi)
sodomy on a child under Section
76-5-403.1
;
(vii)
aggravated sexual abuse of a child under Section
76-5-404.3
; or
(viii)
aggravated sexual assault under Section
76-5-405
;
(d)
involves the trafficking of 10 or more individuals; or
(e)
involves an individual trafficked for longer than 30 consecutive days.
(3)
A violation of Subsection
(2)
is a first degree felony punishable by a term of
imprisonment of not less than 10 years and which may be for life.
(4)
Aggravated human trafficking
An offense under this section
is a separate offense from
any other
crime
offense
committed in relationship to the commission of
the offense
an
offense under this section
.
Section 18. Section
76-5-310.2
is enacted to read:
76-5-310.2
. Aggravated human trafficking for commercial sexual exploitation.
(1)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits aggravated human trafficking for commercial sexual exploitation if,
in the course of committing an offense of human trafficking for commercial sexual
exploitation under Section
76-5-308.1
, the offense:
(a)
results in the death of an individual who is a victim of the offense described in
Section
76-5-308.1
;
(b)
results in serious bodily injury of an individual who is a victim of the offense
described in Section
76-5-308.1
;
(c)
involves:
(i)
rape under Section
76-5-402
;
(ii)
rape of a child under Section
76-5-402.1
;
(iii)
object rape under Section
76-5-402.2
;
(iv)
object rape of a child under Section
76-5-402.3
;
(v)
forcible sodomy under Section
76-5-403
;
(vi)
sodomy on a child under Section
76-5-403.1
;
(vii)
aggravated sexual abuse of a child under Section
76-5-404.3
; or
(viii)
aggravated sexual assault under Section
76-5-405
;
(d)
involves the trafficking of 10 or more individuals; or
(e)
involves an individual trafficked for longer than 30 consecutive days.
(3)
A violation of Subsection
(2)
is a first degree felony punishable by a term of
imprisonment of not less than 10 years and which may be for life.
(4)
An offense committed under this section is a separate offense from any other offense
committed in relationship to the commission of an offense under this section.
Section 19. Section
76-5-311
is amended to read:
76-5-311
. Human trafficking of a vulnerable adult for labor.
(1)
(a)
As used in this section:
(i)
"Commercial sexual
activity with a vulnerable adult
act
" means
any sexual act
with a vulnerable adult for which anything of value is given to or received by any
individual
the same as that term is defined in Section
76-5-308.1
.
(ii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iii)
"Extortion" means the same as that term is defined in Section
76-5-308
.
(iv)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(ii)
(v)
"Vulnerable adult" means the same as that term is defined in
Subsection
76-5-111(1)
Section
76-5-111
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits human trafficking of a vulnerable adult
for labor
if
the actor
:
(a)
recruits,
the actor enlists,
harbors, transports,
or
obtains
, or uses
a vulnerable adult
for
sexual exploitation or forced labor; or
the purpose of procuring or using the
vulnerable adult's labor through the use of force, fraud, or coercion of either the
vulnerable adult or an individual who has the ability to control the actions of the
vulnerable adult;
(b)
the labor described in Subsection
(2)(a)
is not a commercial sexual act or a
commercial sexually explicit performance;
(c)
the actor's use of force, fraud, or coercion described in Subsection
(2)(a)
involves:
(i)
causing, or threatening to cause, serious harm to the vulnerable adult or another
individual;
(ii)
physically restraining, or threatening to physically restrain, the vulnerable adult or
another individual;
(iii)
destroying, concealing, removing, confiscating, or unlawfully possessing a
passport, immigration document, or other government-issued identification
document;
(iv)
using, or threatening to use, the legal process in an unlawful manner against the
vulnerable adult or another individual;
(v)
kidnapping, or threatening to kidnap, the vulnerable adult or another individual;
(vi)
extortion of the vulnerable adult or another individual;
(vii)
facilitating or controlling the vulnerable adult's access to a controlled substance;
or
(viii)
creating or exploiting a circumstance under which:
(A)
the vulnerable adult, or an individual who has the ability to control the actions
of the vulnerable adult, is unable to terminate the employment relationship; or
(B)
the vulnerable adult is unlawfully forced to remain in a condition of servitude;
and
(d)
the actor knows, is reckless, or is criminally negligent as to whether, the vulnerable
adult described in Subsection
(2)(a)
is a vulnerable adult.
(b)
patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when
the actor knew or should have known of the victim's vulnerability.
(3)
(a)
A violation of Subsection
(2)

in which the violation of Subsections
(2)(a)
and
(c)

is done knowingly
is a first degree felony punishable by a term of imprisonment of
not less than 10 years and which may be for life.
(b)
A violation of Subsection
(2)
in which the violation of Subsections
(2)(a)
and
(c)
is
done recklessly is a second degree felony.
(4)
An offense committed under this section is a separate offense from any other offense
committed in relationship to the commission of an offense under this section.
(4)
(a)
Human trafficking of a vulnerable adult for labor includes any labor obtained
through force, fraud, or coercion as described in Section
76-5-308
.
(b)
Human trafficking of a vulnerable adult for sexual exploitation includes all forms of
commercial sexual activity with a vulnerable adult involving:
(i)
sexually explicit performances;
(ii)
prostitution;
(iii)
participation in the production of pornography;
(iv)
performance in a strip club; or
(v)
exotic dancing or display.
Section 20. Section
76-5-312
is enacted to read:
76-5-312
. Human trafficking of a vulnerable adult for commercial sexual
exploitation.
(1)
(a)
As used in this section:
(i)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(ii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iii)
"Vulnerable adult" means the same as that term is defined in Section
76-5-111
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits human trafficking of a vulnerable adult for commercial sexual
exploitation if the actor enlists, harbors, transports, obtains, patronizes, or solicits a
vulnerable adult for the purpose of procuring the vulnerable adult's labor in the form of a
commercial sexual act or a commercial sexually explicit performance.
(3)
(a)
A violation of Subsection
(2)
that is done knowingly is a first degree felony
punishable by a term of imprisonment of not less than 10 years and which may be for
life.
(b)
A violation of Subsection
(2)
that is done recklessly is a second degree felony.
(4)
An offense committed under this section is a separate offense from any other offense
committed in relationship to the commission of an offense under this section.
Section 21. Section
76-5-313
is enacted to read:
76-5-313
. Patronizing a victim of human labor trafficking.
(1)
(a)
As used in this section:
(i)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(ii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iii)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits patronizing a victim of labor trafficking if:
(a)
the actor knowingly requests or accepts labor or services from an individual;
(b)
the labor or services described in Subsection
(2)(a)
is not a commercial sexual act or
a commercial sexually explicit performance; and
(c)
the actor:
(i)
knows the individual's services or labor is being provided as a result of another
person's exercise of force, fraud, or coercion over the individual; or
(ii)
is reckless as to whether the individual's services or labor is being provided as a
result of another person's exercise of force, fraud, or coercion over the individual.
(3)
(a)
A violation of Subsection
(2)(c)(i)
is a third degree felony.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, a violation of Subsection
(2)(c)(ii)

is a class A misdemeanor.
(ii)
A violation of Subsection
(2)(c)(ii)
is a third degree felony on a second or any
subsequent conviction for a violation of Subsection
(2)(c)(ii)
.
Section 22. Section
76-5-314
is enacted to read:
76-5-314
. Patronizing a child victim of human labor trafficking.
(1)
(a)
As used in this section:
(i)
"Child" means an individual who is younger than 18 years old.
(ii)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(iii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iv)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits patronizing a child victim of labor exploitation if:
(a)
the actor knowingly requests or accepts services or labor from an individual;
(b)
the services or labor described in Subsection
(2)(a)
is not a commercial sexual act or
a commercial sexually explicit performance;
(c)
the actor knows, is reckless, or is criminally negligent as to whether, the individual
described in Subsection
(2)(a)
is a child;
(d)
the individual described in Subsection
(2)(a)
is a child; and
(e)
the actor:
(i)
knows the individual's services or labor is being provided as a result of another
person's exercise of force, fraud, or coercion over the individual;
(ii)
is reckless as to whether the individual's services or labor is being provided as a
result of another person's exercise of force, fraud, or coercion over the individual;
or
(iii)
is criminally negligent as to whether the individual's services or labor is being
provided as a result of another person's exercise of force, fraud, or coercion over
the individual.
(3)
(a)
A violation of Subsection
(2)(e)(i)
is a second degree felony.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, a violation of Subsection
(2)(e)(ii)

is a third degree felony.
(ii)
A violation of Subsection
(2)(e)(ii)
is a second degree felony on a second or any
subsequent conviction for a violation of Subsection
(2)(e)(ii)
.
(c)
(i)
Except as provided in Subsection
(3)(c)(ii)
, a violation of Subsection
(2)(e)(iii)

is a class A misdemeanor.
(ii)
A violation of Subsection
(2)(e)(iii)
is a third degree felony on a second or any
subsequent conviction for a violation of Subsection
(2)(e)(iii)
.
Section 23. Section
76-5-315
is enacted to read:
76-5-315
. Patronizing a vulnerable adult victim of human labor trafficking.
(1)
(a)
As used in this section:
(i)
"Commercial sexual act" means the same as that term is defined in Section
76-5-308.1
.
(ii)
"Commercial sexually explicit performance" means the same as that term is
defined in Section
76-5-308.1
.
(iii)
"Fraud" means the same as that term is defined in Section
76-5-308
.
(iv)
"Vulnerable adult" means the same as that term is defined in Section
76-5-111
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits patronizing a vulnerable adult victim of human labor trafficking if:
(a)
the actor knowingly requests or accepts services or labor from an individual;
(b)
the services or labor described in Subsection
(2)(a)
is not a commercial sexual act or
a commercial sexually explicit performance;
(c)
the actor knows, is reckless, or is criminally negligent as to whether, the individual
described in Subsection
(2)(a)
is a vulnerable adult;
(d)
the individual described in Subsection
(2)(a)
is a vulnerable adult; and
(e)
the actor:
(i)
knows the individual's services or labor is being provided as a result of another
person's exercise of force, fraud, or coercion over the individual;
(ii)
is reckless as to whether the individual's services or labor is being provided as a
result of another person's exercise of force, fraud, or coercion over the individual;
or
(iii)
is criminally negligent as to whether the individual's services or labor is being
provided as a result of another person's exercise of force, fraud, or coercion over
the individual.
(3)
(a)
A violation of Subsection
(2)(e)(i)
is a second degree felony.
(b)
(i)
Except as provided in Subsection
(3)(b)(ii)
, a violation of Subsection
(2)(e)(ii)

is a third degree felony.
(ii)
A violation of Subsection
(2)(e)(ii)
is second degree felony on a second or any
subsequent conviction for a violation of Subsection
(2)(e)(ii)
.
(c)
(i)
Except as provided in Subsection
(3)(c)(ii)
, a violation of Subsection
(2)(e)(iii)

is a class A misdemeanor.
(ii)
A violation of Subsection
(2)(e)(iii)
is a third degree felony on a second or any
subsequent conviction for a violation of Subsection
(2)(e)(iii)
.
Section 24. Section
76-5-316
, which is renumbered from Section 76-5-308.3 is renumbered
and amended to read:
76-5-308.3
76-5-316
. Human smuggling.
(1)
(a)
As used in this section:
(i)
"Commercial purpose" includes direct or indirect participation in, or facilitation
of, the transportation of one or more individuals for the purpose of:
(A)
charging or obtaining a fee, or attempting to charge or obtain a fee, for the
transportation; or
(B)
obtaining, exchanging, or receiving, or attempting to obtain, exchange, or
receive, any thing or item of value.
(ii)
"Facilitation of the transportation" includes providing:
(A)
travel arrangement services;
(B)
payment for the costs of travel; or
(C)
property that would advance an act of transportation, including:
(I)
a vehicle or other means of transportation;
(II)
a weapon;
(III)
false identification; or
(IV)
making lodging available, including by rent, lease, or sale.
(b)
Terms defined in
Sections
Section

76-1-101.5

and
76-5-307

apply to this section.
(2)
An actor commits human smuggling if the actor transports or procures the transportation
for one or more individuals for a commercial purpose, knowing or having reason to
know that the individual or individuals transported or to be transported are not:
(a)
citizens of the United States;
(b)
permanent resident aliens; or
(c)
otherwise lawfully in this state or entitled to be in this state.
(3)
A violation of Subsection
(2)
is a second degree felony.
(4)
This offense is a separate offense from any other crime committed in relationship to the
commission of this offense
An offense committed under this section is a separate
offense from any other offense committed in relationship to the commission of an
offense under this section
.
Section 25. Section
76-5-317
, which is renumbered from Section 76-5-310.1 is renumbered
and amended to read:
76-5-310.1
76-5-317
. Aggravated human smuggling.
(1)
(a)
As used in this section, "family member" means an individual's parent,
grandparent, sibling, or other individual related to the individual by consanguinity or
affinity to the second degree.
(b)
Terms defined in
Sections
Section

76-1-101.5
and
76-5-307
apply to this section.
(2)
An actor commits aggravated human smuggling if, in the course of committing
an
offense under Section
76-5-308.3
human smuggling in violation of Section
76-5-316
,
the offense:
(a)
results in the death of
a smuggled individual
an individual who is a victim of the
offense described in Section
76-5-316
;
(b)
results in serious bodily injury
to a smuggled individual
of an individual who is a
victim of the offense described in Section
76-5-316
;
(c)
involves the smuggling of a child and the child is not accompanied by a family
member who is 18 years old or older;
(d)
involves:
(i)
rape under Section
76-5-402
;
(ii)
rape of a child under Section
76-5-402.1
;
(iii)
object rape under Section
76-5-402.2
;
(iv)
object rape of a child under Section
76-5-402.3
;
(v)
forcible sodomy under Section
76-5-403
;
(vi)
sodomy on a child under Section
76-5-403.1
;
(vii)
aggravated sexual abuse of a child under Section
76-5-404.1
; or
(viii)
aggravated sexual assault under Section
76-5-405
; or
(e)
involves the smuggling of 10 or more individuals.
(3)
A violation of Subsection
(2)
is a first degree felony.
(4)
Aggravated human smuggling is a separate offense from any other crime committed in
relationship to the offense
An offense committed under this section is a separate offense
from any other offense committed in relationship to the commission of an offense under
this section
.
Section 26. Section
76-5-417
is amended to read:
76-5-417
. Enticing a minor to engage in sexual activity.
(1)
(a)
As used in this section:
(i)
"Minor" means an individual who is under 18 years old.
(ii)
"Electronic communication" means the same as that term is defined in Section
76-12-201
.
(iii)
"Electronic communication device" means the same as that term is defined in
Section
76-12-201
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits enticing a minor to engage in sexual activity if the actor knowingly:
(a)
uses an electronic communication or an electronic communication device to:
(i)
solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or
entice a minor, or another person who the actor believes to be a minor, to engage
in sexual activity that is a violation of state criminal law;
(ii)
communicate with any individual with the intent to solicit, seduce, lure, or entice
a minor, or attempt to solicit, seduce, lure, or entice a minor, to engage in sexual
activity that is a violation of state criminal law; or
(iii)
(A)
initiate contact with a minor or a person the actor believes to be a minor;
and
(B)
subsequent to the action described in Subsection
(2)(a)(iii)(A)
, by any
electronic or written means, solicits, seduces, lures, or entices the minor, or
attempts to solicit, seduce, lure, or entice the minor, or a person the actor
believes to be the minor, to engage in sexual activity that is a violation of state
criminal law; or
(b)
develops a relationship of trust with a minor or the minor's parent or guardian with
the intent to solicit, seduce, lure, or entice the minor, or attempt to solicit, seduce,
lure, or entice the minor, to engage in sexual activity that is a violation of state
criminal law.
(3)
A violation of Subsection
(2)
is punishable as follows:
(a)
enticement to engage in sexual activity that would be a first degree felony for the
actor is a:
(i)
second degree felony upon the first conviction for violation of this Subsection
(3)(a)
; and
(ii)
first degree felony punishable by imprisonment for an indeterminate term of not
fewer than three years and which may be for life, upon a second or any subsequent
conviction for a violation of this Subsection
(3)(a)
;
(b)
enticement to engage in sexual activity that would be a second degree felony for the
actor is a third degree felony;
(c)
enticement to engage in sexual activity that would be a third degree felony for the
actor is a class A misdemeanor;
(d)
enticement to engage in sexual activity that would be a class A misdemeanor for the
actor is a class B misdemeanor; and
(e)
enticement to engage in sexual activity that would be a class B misdemeanor for the
actor is a class C misdemeanor.
(4)
It is not a defense to a violation, or attempted violation, of Subsection
(2)
that a law
enforcement officer or an undercover operative who is employed by a law enforcement
agency was involved in the detection or investigation of the offense.
(5)
(a)
When an actor who commits a felony violation of this section has previously been
convicted of an offense described in Subsection
(5)(b)
, the court may not in any way
shorten the prison sentence, and the court may not:
(i)
grant probation;
(ii)
suspend the execution or imposition of the sentence;
(iii)
enter a judgment for a lower category of offense; or
(iv)
order hospitalization.
(b)
The
sections
offenses
referred to in Subsection
(5)(a)
are:
(i)
child kidnapping as described in Section
76-5-301.1
;
(ii)
human trafficking of a child
for labor
as described in Section
76-5-308.5
;
(iii)
human trafficking of a child for commercial sexual exploitation as described in
Section
76-5-308.6
;
(iii)
(iv)
rape as described in Section
76-5-402
;
(iv)
(v)
rape of a child as described in Section
76-5-402.1
;
(v)
(vi)
object rape as described in Section
76-5-402.2
;
(vi)
(vii)
object rape of a child as described in Section
76-5-402.3
;
(vii)
(viii)
forcible sodomy as described in Section
76-5-403
;
(viii)
(ix)
sodomy on a child as described in Section
76-5-403.1
;
(ix)
(x)
forcible sexual abuse as described in Section
76-5-404
;
(x)
(xi)
sexual abuse of a child as described in Section
76-5-404.1
;
(xi)
(xii)
aggravated sexual abuse of a child as described in Section
76-5-404.3
;
(xii)
(xiii)
aggravated sexual assault as described in Section
76-5-405
;
(xiii)
(xiv)
enticing a minor to engage in sexual activity as described in Section
76-5-417
;
(xiv)
(xv)
any offense in any other state or federal jurisdiction that constitutes or
would constitute a crime in Subsections
(5)(b)(i)
through
(xiii)
(xiv)
; or
(xv)
(xvi)
the attempt, solicitation, or conspiracy to commit any of the offenses in
Subsections
(5)(b)(i)
through
(xiv)
(xv)
.
Section 27. Section
76-5d-106
is amended to read:
76-5d-106
. Safe harbor for children as victims in commercial sex or sexual
solicitation.
(1)
As used in this section:
(a)
"Child engaged in commercial sex or sexual solicitation" means a child who:
(i)
engages, offers, or agrees to engage in any sexual activity with another individual
in exchange for receiving a fee, or the functional equivalent of a fee;
(ii)
takes steps in arranging a meeting through any form of advertising, agreeing to
meet, and meeting at an arranged place for the purpose of sexual activity in
exchange for receiving a fee or the functional equivalent of a fee;
(iii)
loiters in or within view of any public place for the purpose of being hired to
engage in sexual activity; or
(iv)
engages in sexual solicitation.
(b)
"Division" means the Division of Child and Family Services created in Section
80-2-201
.
(c)
"Juvenile receiving center" means the same as that term is defined in Section
80-1-102
.
(2)
Upon encountering a child engaged in commercial sex or sexual solicitation, a law
enforcement officer shall:
(a)
conduct an investigation regarding possible human trafficking of the child pursuant
to Sections
76-5-308
,
76-5-308.1
,
and
76-5-308.5
, and
76-5-308.6
;
(b)
refer the child to the division;
(c)
bring the child to a juvenile receiving center, if available; and
(d)
contact the child's parent or guardian, if practicable.
(3)
When law enforcement refers a child to the division under Subsection
(2)(b)
, the
division shall provide services to the child under
Title 80, Chapter 2, Child Welfare
Services
, and
Title 80, Chapter 2a, Removal and Protective Custody of a Child
.
Section 28. Section
76-5d-208
is amended to read:
76-5d-208
. Aggravated exploitation of 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 aggravated exploitation of prostitution if:
(a)
in committing an act of exploitation of prostitution as described in Section
76-5d-207
,
the actor uses any force, threat, or fear against any individual;
(b)
the individual whom the actor procured, transported, or persuaded or with whom the
actor shares the proceeds of prostitution, is a child or is the spouse of the actor; or
(c)
in the course of committing an act of exploitation of prostitution as described in
Section
76-5d-207
, the actor commits human trafficking or human smuggling in
violation of Section
76-5-308
,
76-5-308.1
,
76-5-308.3
, or
76-5-308.5
,
76-5-308.6
,
76-5-310
,
76-5-310.2
,
76-5-311
,
76-5-312
,
76-5-316
, or
76-5-317
.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a second
degree felony.
(b)
A violation of Subsection
(2)
is a first degree felony if the violation involves a child.
(4)
Upon a conviction for a violation of this section, the court shall order the maximum fine
amount and may not waive or suspend the fine.
Section 29. Section
76-5d-211
is amended to read:
76-5d-211
. Sexual solicitation by an actor offering compensation to a child in
exchange for sexual activity.
(1)
Terms defined in Sections
76-1-101.5
,
76-5d-101
, and
76-5d-201
apply to this section.
(2)
Under circumstances not amounting to an offense described in Subsection
(4)
, an actor
commits the offense of sexual solicitation by an actor offering compensation to a child
in exchange for sexual activity if the actor:
(a)
is 12 years old or older; and
(b)
(i)
pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee,
to a child to hire the child to commit any sexual activity; or
(ii)
with intent to pay a child to be hired to commit any sexual activity for a fee, or
the functional equivalent of a fee, requests or directs the child to engage in any of
the following acts:
(A)
exposure or touching of the child's genitals, the buttocks, the anus, the pubic
area, or the female breast below the top of the areola;
(B)
masturbation; or
(C)
any act of lewdness.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a violation of Subsection
(2)
is a second
degree felony.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection
(2)
is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the child is 13 years old or younger; or
(B)
the actor is 16 years old and the child is 12 years old or younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the child is 14 years old;
(B)
the actor is 16 years old and the child is 13 years old;
(C)
the actor is 15 years old and the child is 12 years old or younger; or
(D)
the actor is 14 years old and the child is 11 years old or younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the child is 15 years old;
(B)
the actor is 16 years old and the child is 14 years old;
(C)
the actor is 15 years old and the child is 13 years old;
(D)
the actor is 14 years old and the child is 12 years old;
(E)
the actor is 13 years old and the child is 11 years old or younger; or
(F)
the actor is 12 years old and the child is 10 years old or younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the child is 16 or 17 years old;
(B)
the actor is 16 years old and the child is 15 years old or older;
(C)
the actor is 15 years old and the child is 14 years old or older;
(D)
the actor is 14 years old and the child is 13 years old or older;
(E)
the actor is 13 years old and the child is 12 years old or older; or
(F)
the actor is 12 years old and the child is 11 years old or older.
(4)
The offenses referred to in Subsection
(2)
are:
(a)
human trafficking for labor as described in Section
76-5-308
;
(b)
human trafficking for
commercial
sexual exploitation as described in Section
76-5-308.1
;
(c)
human smuggling as described in Section
76-5-308.3
;
(d)
human trafficking of a child as described in Section
76-5-308.5
;
(c)
human trafficking of a child for commercial sexual exploitation under Section
76-5-308.6
;
(e)
aggravated human trafficking as described in Section
76-5-310
; and
(d)
aggravated human trafficking for commercial sexual exploitation as described in
Section
76-5-310.2
;
(e)
human smuggling as described in Section
76-5-316
; and
(f)
aggravated human smuggling as described in Section
76-5-310.1
76-5-317
.
(5)
The actor's intent to hire a child to engage in sexual activity for a fee may be inferred
from an actor engaging in, offering or agreeing to engage in, or requesting or directing
another to engage in any of the acts described in Subsection
(2)(b)
under the totality of
the existing circumstances.
(6)
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 offenses, or an attempt to commit any of the offenses, described in
Subsection
76-5d-202(4)
, and the actor reports the offense or attempt to law
enforcement in good faith.
(7)
(a)
Upon encountering a child engaged in commercial sex or sexual solicitation, a law
enforcement officer shall follow the procedure described in Subsection
76-5d-106(2)
.
(b)
A child engaged in commercial sex or sexual solicitation shall be referred to the
Division of Child and Family Services for services and may not be subjected to
delinquency proceedings.
Section 30. Section
76-14-202
is amended to read:
76-14-202
. Detention or arrest -- Determination of immigration status.
(1)
(a)
Except as provided in Subsection
(1)(b)
,
(c)
, or
(d)
, a law enforcement officer
who, acting in the enforcement of a state law or local ordinance, conducts a lawful
stop, detention, or arrest of an individual as specified in Subsection
(1)(a)(i)
or
(ii)
,
and the individual is unable to provide to the law enforcement officer a document
listed in Subsection
76-14-203(1)
and the law enforcement officer is otherwise
unable to verify the identity of the individual, the law enforcement officer:
(i)
shall request verification of the citizenship or the immigration status of the
individual under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection
(1)(b)
,
(c)
, or
(d)
, if the individual is arrested for an alleged offense that is a class A
misdemeanor or a felony; and
(ii)
may attempt to verify the immigration status of the individual, except as
exempted under Subsection
(1)(b)
,
(c)
, or
(d)
, if the alleged offense is a class B or
C misdemeanor, except that if the individual is arrested and booked for a class B
or C misdemeanor, the arresting law enforcement officer or the law enforcement
agency booking the individual shall attempt to verify the immigration status of the
individual.
(b)
In individual cases, the law enforcement officer may forego the verification of
immigration status under Subsection
(1)(a)
if the determination could hinder or
obstruct a criminal investigation.
(c)
Subsection
(1)(a)
does not apply to a law enforcement officer who is acting as a
school resource officer for an elementary or secondary school.
(d)
Subsection
(1)(a)
does not apply to a county or municipality when it has only one
law enforcement officer on duty and response support from another law enforcement
agency is not available.
(2)
When a law enforcement officer makes a lawful stop, detention, or arrest under
Subsection
(1)
of the operator of a vehicle, and while investigating or processing the
primary offense, the law enforcement officer makes observations that give the law
enforcement officer reasonable suspicion that the operator or any of the passengers in
the vehicle are violating Section
76-5-308
,
76-5-308.1
,
76-5-308.3
,
76-5-308.5
,
76-5-308.6
,
76-5-310
,
76-5-310.1
76-5-310.2
,
76-5-311
,
76-5-312
,
76-5-316
,
76-5-317
,
or
76-14-209
, which concern smuggling, human trafficking, or transporting illegal
aliens, the law enforcement officer shall, to the extent possible within a reasonable
period of time:
(a)
detain the occupants of the vehicle to investigate the suspected violations; and
(b)
inquire regarding the immigration status of the occupants of the vehicle.
(3)
When an individual under Subsection
(1)
is arrested or booked into a jail, juvenile
detention facility, or correctional facility, the arresting officer or the booking officer
shall ensure that a request for verification of immigration status of the arrested or
booked individual is submitted as promptly as is reasonably possible.
(4)
The law enforcement agency that has custody of an individual verified to be an illegal
alien shall request that the United States Department of Homeland Security issue a
detainer requesting transfer of the illegal alien into federal custody.
(5)
A law enforcement officer may not consider race, color, or national origin in
implementing this section, except to the extent permitted by the constitutions of the
United States and this state.
Section 31. 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
commercial
sexual exploitation under Section
76-5-308.1
;
(t)
human smuggling under Section
76-5-308.3
;
(u)
(t)
human trafficking of a child
for labor
under Section

76-5-308.5
;
(u)
human trafficking of a child for commercial sexual exploitation under Section
76-5-308.6
;
(v)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(w)
(v)
aggravated human trafficking
for labor
under Section
76-5-310
;
(w)
aggravated human trafficking for commercial sexual exploitation under Section
76-5-310.2
;
(x)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(y)
human trafficking of a vulnerable adult for commercial sexual exploitation under
Section
76-5-312
;
(z)
human smuggling under Section
76-5-316
;
(aa)
aggravated human smuggling under Section
76-5-317
;
(x)
(bb)
sexual exploitation of a minor under Section
76-5b-201
;
(y)
(cc)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(z)
(dd)
sexual extortion under Section
76-5b-204
;
(aa)
(ee)
arson under Section
76-6-102
;
(bb)
(ff)
aggravated arson under Section

76-6-103
;
(cc)
(gg)
causing a catastrophe under Section
76-6-105
;
(dd)
(hh)
burglary under Section
76-6-202
;
(ee)
(ii)
aggravated burglary under Section
76-6-203
;
(ff)
(jj)
burglary of a vehicle under Section
76-6-204
;
(gg)
(kk)
manufacture or possession of an instrument for burglary or theft under
Section
76-6-205
;
(hh)
(ll)
robbery under Section
76-6-301
;
(ii)
(mm)
aggravated robbery under Section
76-6-302
;
(jj)
(nn)
theft under Section
76-6-404
;
(kk)
(oo)
theft by deception under Section
76-6-405
;
(ll)
(pp)
theft by extortion under Section
76-6-406
;
(mm)
(qq)
receiving stolen property under Section
76-6-408
;
(nn)
(rr)
theft of services under Section
76-6-409
;
(oo)
(ss)
forgery under Section
76-6-501
;
(pp)
(tt)
unlawful use of financial transaction card under Section
76-6-506.2
;
(qq)
(uu)
unlawful acquisition, possession, or transfer of financial transaction card
under Section
76-6-506.3
;
(rr)
(vv)
financial transaction card offenses under Section
76-6-506.6
;
(ss)
(ww)
deceptive business practices under Section
76-6-507
;
(tt)
(xx)
bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods under Section
76-6-508
;
(uu)
(yy)
bribery of a labor official under Section
76-6-509
;
(vv)
(zz)
defrauding creditors under Section
76-6-511
;
(ww)
(aaa)
acceptance of deposit by insolvent financial institution under Section
76-6-512
;
(xx)
(bbb)
unlawful dealing with property by fiduciary under Section
76-6-513
;
(yy)
(ccc)
unlawful influence of a contest under Section
76-6-514
;
(zz)
(ddd)
making a false credit report under Section
76-6-517
;
(aaa)
(eee)
criminal simulation under Section
76-6-518
;
(bbb)
(fff)
criminal usury under Section
76-6-520
;
(ccc)
(ggg)
insurance fraud under Section
76-6-521
;
(ddd)
(hhh)
retail theft under Section
76-6-602
;
(eee)
(iii)
computer crimes under Section
76-6-703
;
(fff)
(jjj)
identity fraud under Section
76-6-1102
;
(ggg)
(kkk)
mortgage fraud under Section
76-6-1203
;
(hhh)
(lll)
sale of a child under Section
76-7-203
;
(iii)
(mmm)
bribery or offering a bribe under Section
76-8-103
;
(jjj)
(nnn)
threat to influence official or political action under Section
76-8-104
;
(kkk)
(ooo)
receiving bribe or bribery by public servant under Section
76-8-105
;
(lll)
(ppp)
receiving bribe for endorsement of person as a public servant under Section
76-8-106
;
(mmm)
(qqq)
bribery for endorsement of person as public servant under Section
76-8-106.1
;
(nnn)
(rrr)
official misconduct based on unauthorized act or failure of duty under
Section
76-8-201
;
(ooo)
(sss)
official misconduct concerning inside information under Section
76-8-202
;
(ppp)
(ttt)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(qqq)
(uuu)
acceptance of bribe or bribery to prevent criminal prosecution under
Section
76-8-308
;
(rrr)
(vvv)
harboring or concealing offender who has escaped from official custody
under Section
76-8-309.2
;
(sss)
(www)
making a false or inconsistent material statement under Section
76-8-502
;
(ttt)
(xxx)
making a false or inconsistent statement under Section
76-8-503
;
(uuu)
(yyy)
making a written false statement under Section
76-8-504
;
(vvv)
(zzz)
tampering with a witness under Section
76-8-508
;
(www)
(aaaa)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(xxx)
(bbbb)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(yyy)
(cccc)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(zzz)
(dddd)
tampering with evidence under Section
76-8-510.5
;
(aaaa)
(eeee)
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)
(ffff)
public assistance fraud by an applicant for public assistance under Section
76-8-1203.1
;
(cccc)
(gggg)
public assistance fraud by a recipient of public assistance under Section
76-8-1203.3
;
(dddd)
(hhhh)
public assistance fraud by a provider under Section
76-8-1203.5
;
(eeee)
(iiii)
fraudulently misappropriating public assistance funds under Section
76-8-1203.7
;
(ffff)
(jjjj)
false statement to obtain or increase unemployment compensation under
Section
76-8-1301
;
(gggg)
(kkkk)
false statement to prevent or reduce unemployment compensation or
liability under Section
76-8-1302
;
(hhhh)
(llll)
unlawful failure to comply with Employment Security Act requirements
under Section
76-8-1303
;
(iiii)
(mmmm)
unlawful use or disclosure of employment information under Section
76-8-1304
;
(jjjj)
(nnnn)
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)
(oooo)
soliciting, recruiting, enticing, or intimidating a minor to join a criminal
street gang under Section
76-9-803
;
(llll)
(pppp)
aggravated soliciting, recruiting, enticing, or intimidating a minor to join a
criminal street gang under Section
76-9-803.1
;
(mmmm)
(qqqq)
intimidating a minor to remain in a criminal street gang under Section
76-9-803.2
;
(nnnn)
(rrrr)
aggravated intimidating a minor to remain in a criminal street gang under
Section
76-9-803.3
;
(oooo)
(ssss)
unlawful conduct involving an explosive, chemical, or incendiary device
under Section
76-15-210
;
(pppp)
(tttt)
unlawful conduct involving an explosive, chemical, or incendiary part
under Section
76-15-211
;
(qqqq)
(uuuu)
unlawful delivery or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(rrrr)
(vvvv)
forging or counterfeiting trademarks, trade name, or trade device under
Section
76-16-302
;
(ssss)
(wwww)
selling goods under counterfeited trademark, trade name, or trade
devices under Section
76-16-303
;
(tttt)
(xxxx)
sales in containers bearing registered trademark of substituted articles
under Section
76-16-304
;
(uuuu)
(yyyy)
selling or dealing with article bearing registered trademark or service
mark with intent to defraud under Section
76-16-306
;
(vvvv)
(zzzz)
participating in gambling under Section
76-9-1402
;
(wwww)
(aaaaa)
permitting gambling under Section
76-9-1403
;
(xxxx)
(bbbbb)
online gambling prohibition under Section
76-9-1404
;
(yyyy)
(ccccc)
gambling promotion under Section
76-9-1405
;
(zzzz)
(ddddd)
gambling fraud under Section
76-9-1406
;
(aaaaa)
(eeeee)
possessing a gambling device or record under Section
76-9-1407
;
(bbbbb)
(fffff)
obtaining a benefit from a confidence game under Section
76-9-1410
;
(ccccc)
(ggggg)
distributing pornographic material under Section
76-5c-202
;
(ddddd)
(hhhhh)
aiding or abetting a minor in distributing pornographic material under
Section
76-5c-203
;
(eeeee)
(iiiii)
inducing acceptance of pornographic material under Section
76-5c-204
;
(fffff)
(jjjjj)
distributing material harmful to minors under Section
76-5c-205
;
(ggggg)
(kkkkk)
aiding or abetting a minor in distributing material harmful to minors
under Section
76-5c-206
;
(hhhhh)
(lllll)
distribution of a pornographic file for exhibition under Section
76-5c-305
;
(iiiii)
(mmmmm)
indecent public display in the presence of a minor under Section
76-5c-207
;
(jjjjj)
(nnnnn)
engaging in prostitution under Section
76-5d-202
;
(kkkkk)
(ooooo)
aiding prostitution under Section
76-5d-206
;
(lllll)
(ppppp)
exploiting prostitution under Section
76-5d-207
;
(mmmmm)
(qqqqq)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nnnnn)
(rrrrr)
communications fraud under Section
76-6-525
;
(ooooo)
(sssss)
possession of a dangerous weapon with criminal intent under Section
76-11-208
;
(ppppp)
(ttttt)
an act prohibited by the criminal provisions of Chapter
9, Part 16
, Money
Laundering and Currency Transaction Reporting;
(qqqqq)
(uuuuu)
vehicle compartment for contraband under Section
76-9-1902
or
76-9-1903
;
(rrrrr)
(vvvvv)
an act prohibited by the criminal provisions of the laws governing
taxation in this state; or
(sssss)
(wwwww)
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 32. Section
77-22-2.5
is amended to read:
77-22-2.5
. Court orders for criminal investigations for records concerning an
electronic communications system or service or remote computing service -- Content --
Fee for providing information.
(1)
As used in this section:
(a)
(i)
"Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii)
"Electronic communication" does not include:
(A)
a wire or oral communication;
(B)
a communication made through a tone-only paging device;
(C)
a communication from a tracking device; or
(D)
electronic funds transfer information stored by a financial institution in a
communications system used for the electronic storage and transfer of funds.
(b)
"Electronic communications service" means a service which provides for users the
ability to send or receive wire or electronic communications.
(c)
"Electronic communications system" means a wire, radio, electromagnetic,
photooptical, or photoelectronic facilities for the transmission of wire or electronic
communications, and a computer facilities or related electronic equipment for the
electronic storage of the communication.
(d)
"Internet service provider" means the same as that term is defined in Section
76-5c-401
.
(e)
"Prosecutor" means the same as that term is defined in Section
77-22-4.5
.
(f)
"Remote computing service" means the provision to the public of computer storage
or processing services by means of an electronic communications system.
(g)
(i)
"Sexual offense against a minor" means:
(A)
sexual exploitation of a minor or attempted sexual exploitation of a minor in
violation of Section
76-5b-201
;
(B)
aggravated sexual exploitation of a minor or attempted aggravated sexual
exploitation of a minor in violation of Section
76-5b-201.1
;
(C)
a sexual offense or attempted sexual offense committed against a minor in
violation of
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(D)
dealing in or attempting to deal in material harmful to a minor in violation of
Section
76-5c-205
or
76-5c-206
;
(E)
human trafficking of a child
for commercial sexual exploitation
in violation of
Section
76-5-308.5
76-5-308.6
; or
(F)
aggravated sexual extortion of a child in violation of Section
76-5b-204
.
(ii)
"Sexual offense against a minor" does not include an offense described in Section
76-5-418
,
76-5-419
, or
76-5-420
.
(2)
When a law enforcement agency is investigating a sexual offense against a minor, an
offense of stalking under Section
76-5-106.5
, or an offense of child kidnapping under
Section
76-5-301.1
, and has reasonable suspicion that an electronic communications
system or service or remote computing service has been used in the commission of a
criminal offense, a law enforcement agent shall:
(a)
articulate specific facts showing reasonable grounds to believe that the records or
other information sought, as designated in Subsections
(2)(c)(i)
through
(v)
, are
relevant and material to an ongoing investigation;
(b)
present the request to a prosecutor for review and authorization to proceed; and
(c)
submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or
remote computing service provider that owns or controls the Internet protocol
address, websites, email address, or service to a specific telephone number, requiring
the production of the following information, if available, upon providing in the court
order the Internet protocol address, email address, telephone number, or other
identifier, and the dates and times the address, telephone number, or other identifier
is suspected of being used in the commission of the offense:
(i)
names of subscribers, service customers, and users;
(ii)
addresses of subscribers, service customers, and users;
(iii)
records of session times and durations;
(iv)
length of service, including the start date and types of service utilized; and
(v)
telephone or other instrument subscriber numbers or other subscriber identifiers,
including a temporarily assigned network address.
(3)
A court order issued under this section shall state that the electronic communications
system or service or remote computing service provider shall produce a record under
Subsections
(2)(c)(i)
through
(v)
that is reasonably relevant to the investigation of the
suspected criminal activity or offense as described in the court order.
(4)
(a)
An electronic communications system or service or remote computing service
provider that provides information in response to a court order issued under this
section may charge a fee, not to exceed the actual cost, for providing the information.
(b)
The law enforcement agency conducting the investigation shall pay the fee.
(5)
The electronic communications system or service or remote computing service provider
served with or responding to the court order may not disclose the court order to the
account holder identified pursuant to the court order for a period of 90 days.
(6)
If the electronic communications system or service or remote computing service
provider served with the court order does not own or control the Internet protocol
address, websites, or email address, or provide service for the telephone number that is
the subject of the court order, the provider shall notify the investigating law enforcement
agency that the provider does not have the information.
(7)
There is no cause of action against a provider or wire or electronic communication
service, or the provider or service's officers, employees, agents, or other specified
persons, for providing information, facilities, or assistance in accordance with the terms
of the court order issued under this section or statutory authorization.
(8)
(a)
A court order issued under this section is subject to the provisions of
Title 77,
Chapter 23b, Access to Electronic Communications
Chapter 23b, Access to
Electronic Communications
.
(b)
Rights and remedies for providers and subscribers under
Title 77, Chapter 23b,
Access to Electronic Communications
Chapter 23b, Access to Electronic
Communications
, apply to providers and subscribers subject to a court order issued
under this section.
(9)
A prosecutorial agency shall annually on or before February 15 report to the
Commission on Criminal and Juvenile Justice:
(a)
the number of requests for court orders authorized by the prosecutorial agency;
(b)
the number of orders issued by the court and the criminal offense, pursuant to
Subsection
(2)
, each order was used to investigate; and
(c)
if the court order led to criminal charges being filed, the type and number of offenses
charged.
Section 33. Section
77-23a-8
is amended to read:
77-23a-8
. Court order to authorize or approve interception -- Procedure.
(1)
The attorney general of the state, any assistant attorney general specially designated by
the attorney general, any county attorney, district attorney, deputy county attorney, or
deputy district attorney specially designated by the county attorney or by the district
attorney, may authorize an application to a judge of competent jurisdiction for an order
for an interception of wire, electronic, or oral communications by any law enforcement
agency of the state, the federal government or of any political subdivision of the state
that is responsible for investigating the type of offense for which the application is made.
(2)
The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a)
an act:
(i)
prohibited by the criminal provisions of:
(A)
Title
58, Chapter 37
, Utah Controlled Substances Act;
(B)
Title
58, Chapter 37c
, Utah Controlled Substance Precursor Act; or
(C)
Title
58, Chapter 37d
, Clandestine Drug Lab Act; and
(ii)
punishable by a term of imprisonment of more than one year;
(b)
an act prohibited by the criminal provisions under Title
61, Chapter 1
, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c)
an offense:
(i)
of:
(A)
attempt under Section
76-4-101
;
(B)
conspiracy under Section
76-4-201
;
(C)
criminal solicitation of an adult, Section
76-4-203
; or
(D)
criminal solicitation of a minor, Section
76-4-205
; and
(ii)
punishable by a term of imprisonment of more than one year;
(d)
a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year under Section
76-5-107.3
;
(e)
(i)
aggravated murder under Section
76-5-202
;
(ii)
murder under Section
76-5-203
; or
(iii)
manslaughter under Section
76-5-205
;
(f)
(i)
kidnapping under Section
76-5-301
;
(ii)
child kidnapping under Section
76-5-301.1
;
(iii)
aggravated kidnapping under Section
76-5-302
;
(iv)
human trafficking for labor under Section
76-5-308
;
(v)
human trafficking for
commercial
sexual exploitation under Section
76-5-308.1
;
(vi)
human trafficking of a child
for labor
under Section
76-5-308.5
;
(vii)
human trafficking of a child for commercial sexual exploitation under Section
76-5-308.6
;
(vii)
human smuggling under Section
76-5-308.3
;
(viii)
aggravated human trafficking
for labor
under Section
76-5-310
;
or
(ix)
aggravated human trafficking for commercial sexual exploitation under Section
76-5-310.2
;
(x)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(xi)

human trafficking of a vulnerable adult for commercial sexual exploitation
under Section
76-5-312
;
(xii)
human smuggling under Section
76-5-316
; or
(ix)
(xiii)
aggravated human smuggling under Section
76-5-310.1
76-5-317
;
(g)
(i)
arson under Section
76-6-102
; or
(ii)
aggravated arson under Section
76-6-103
;
(h)
(i)
burglary under Section
76-6-202
; or
(ii)
aggravated burglary under Section
76-6-203
;
(i)
(i)
robbery under Section
76-6-301
; or
(ii)
aggravated robbery under Section
76-6-302
;
(j)
an offense:
(i)
of:
(A)
theft under Section
76-6-404
;
(B)
theft by deception under Section
76-6-405
; or
(C)
theft by extortion under Section
76-6-406
; and
(ii)
punishable by a maximum term of imprisonment of more than one year;
(k)
an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year under Section
76-6-408
;
(l)
a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year under Section
76-6-506.2
,
76-6-506.3
, or
76-6-506.6
;
(m)
bribery of a labor official under Section
76-6-509
;
(n)
bribery or threat to influence a publicly exhibited contest under Section
76-6-514
;
(o)
a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year under Section
76-6-518
;
(p)
criminal usury under Section
76-6-520
;
(q)
insurance fraud punishable by a maximum term of imprisonment of more than one
year under Section
76-6-521
;
(r)
a violation under Title
76, Chapter 6, Part 7
, Utah Computer Crimes Act, punishable
by a maximum term of imprisonment of more than one year under Section
76-6-703
;
(s)
bribery to influence official or political actions under Section
76-8-103
;
(t)
misusing public money or public property under Section
76-8-402
;
(u)
tampering with a witness under Section
76-8-508
;
(v)
retaliation against a witness, victim, or informant under Section
76-8-508.3
;
(w)
tampering or retaliating against a juror under Section
76-8-508.5
;
(x)
receiving or soliciting a bribe as a witness under Section
76-8-508.7
;
(y)
extortion or bribery to dismiss a criminal proceeding under Section
76-8-509
;
(z)
obstruction of justice in a criminal investigation or proceeding under Section
76-8-306
;
(aa)
harboring or concealing offender who has escaped from official custody under
Section
76-8-309.2
;
(bb)
destruction of property to interfere with preparations for defense or war under
Section
76-8-802
;
(cc)
an attempt to commit crimes of sabotage under Section
76-8-804
;
(dd)
conspiracy to commit crimes of sabotage under Section
76-8-805
;
(ee)
advocating criminal syndicalism or sabotage under Section
76-8-902
;
(ff)
assembling for advocating criminal syndicalism or sabotage under Section
76-8-903
;
(gg)
riot punishable by a maximum term of imprisonment of more than one year under
Section
76-9-101
;
(hh)
dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year under Section
76-13-205
;
(ii)
delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device under Section
76-15-209
;
(jj)
unlawful conduct involving an explosive, chemical, or incendiary device under
Section
76-15-210
;
(kk)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
;
(ll)
exploiting prostitution under Section
76-5d-207
;
(mm)
aggravated exploitation of prostitution under Section
76-5d-208
;
(nn)
bus hijacking under Section
76-9-1502
;
(oo)
assault with intent to commit bus hijacking under Section
76-9-1503
;
(pp)
unlawful discharge of a firearm or hurling of a missile into a bus or terminal under
Section
76-9-1504
;
(qq)
violations under Title
76, Chapter 17, Part 4
, Offenses Concerning
a Pattern
Patterns
of Unlawful Activity, and the offenses listed under the definition of unlawful
activity in the act, including the offenses not punishable by a maximum term of
imprisonment of more than one year when those offenses are investigated as
predicates for the offenses prohibited by the act under Section
76-17-401
;
(rr)
communications fraud under Section
76-6-525
;
(ss)
money laundering under Sections
76-9-1602
and
76-9-1603
; or
(tt)
reporting by a person engaged in a trade or business when the offense is punishable
by a maximum term of imprisonment of more than one year under Section
76-9-1604
.
Section 34. Section
77-38-3
is amended to read:
77-38-3
. Notification to victims -- Initial notice, election to receive subsequent
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
order.
(1)
Within seven days after the day on which felony criminal charges are filed against a
defendant, the prosecuting agency shall provide an initial notice to reasonably
identifiable and locatable victims of the crime contained in the charges, except as
otherwise provided in this chapter.
(2)
The initial notice to the victim of a crime shall provide information about electing to
receive notice of subsequent important criminal justice hearings listed in Subsections
77-38-2(5)(a)
through
(g)
and rights under this chapter.
(3)
The prosecuting agency shall provide notice to a victim of a crime:
(a)
for the important criminal justice hearings, provided in Subsections
77-38-2(5)(a)

through
(g)
, which the victim has requested; and
(b)
for a restitution request to be submitted in accordance with Section
77-38b-202
.
(4)
(a)
The responsible prosecuting agency may provide initial and subsequent notices in
any reasonable manner, including telephonically, electronically, orally, or by means
of a letter or form prepared for this purpose.
(b)
In the event of an unforeseen important criminal justice hearing, described in
Subsections
77-38-2(5)(a)
through
(g)
for which a victim has requested notice, a
good faith attempt to contact the victim by telephone shall be considered sufficient
notice, provided that the prosecuting agency subsequently notifies the victim of the
result of the proceeding.
(5)
(a)
The court shall take reasonable measures to ensure that its scheduling practices for
the proceedings provided in Subsections
77-38-2(5)(a)
through
(g)
permit an
opportunity for victims of crimes to be notified.
(b)
The court shall consider whether any notification system that the court might use to
provide notice of judicial proceedings to defendants could be used to provide notice
of judicial proceedings to victims of crimes.
(6)
A defendant or, if it is the moving party, the Division of Adult Probation and Parole
created in Section
64-14-202
, shall give notice to the responsible prosecuting agency of
any motion for modification of any determination made at any of the important criminal
justice hearings provided in Subsections
77-38-2(5)(a)
through
(g)
in advance of any
requested court hearing or action so that the prosecuting agency may comply with the
prosecuting agency's notification obligation.
(7)
(a)
Notice to a victim of a crime shall be provided by the Board of Pardons and
Parole for the important criminal justice hearing under Subsection
77-38-2(5)(h)
.
(b)
The board may provide notice in any reasonable manner, including telephonically,
electronically, orally, or by means of a letter or form prepared for this purpose.
(8)
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to
a victim of a crime for the proceedings provided in Subsections
77-38-2(5)(a)
through
(g)

only where the victim has responded to the initial notice, requested notice of subsequent
proceedings, and provided a current address and telephone number if applicable.
(9)
To facilitate the payment of restitution and the notice of hearings regarding restitution, a
victim who seeks restitution and notice of restitution hearings shall provide the court
with the victim's current address and telephone number.
(10)
(a)
Law enforcement and criminal justice agencies shall refer any requests for notice
or information about crime victim rights from victims to the responsible prosecuting
agency.
(b)
In a case in which the Board of Pardons and Parole is involved, the responsible
prosecuting agency shall forward any request for notice the prosecuting agency has
received from a victim to the Board of Pardons and Parole.
(11)
In all cases where the number of victims exceeds 10, the responsible prosecuting
agency may send any notices required under this chapter in the prosecuting agency's
discretion to a representative sample of the victims.
(12)
(a)
A victim's address, telephone number, and victim impact statement maintained
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile
Justice and Youth Services, Department of Corrections, Utah State Courts, and Board
of Pardons and Parole, for purposes of providing notice under this section, are
classified as protected under Subsection
63G-2-305(10)
.
(b)
The victim's address, telephone number, and victim impact statement is available
only to the following persons or entities in the performance of their duties:
(i)
a law enforcement agency, including the prosecuting agency;
(ii)
a victims' right committee as provided in Section
77-37-5
;
(iii)
a governmentally sponsored victim or witness program;
(iv)
the Department of Corrections;
(v)
the Utah Office for Victims of Crime;
(vi)
the Commission on Criminal and Juvenile Justice;
(vii)
the Utah State Courts; and
(viii)
the Board of Pardons and Parole.
(13)
The notice provisions as provided in this section do not apply to misdemeanors as
provided in Section
77-38-5
and to important juvenile justice hearings as provided in
Section
77-38-2
.
(14)
(a)
When a defendant is charged with a felony crime under Sections
76-5-301

through
76-5-310.1
76-5-317
regarding kidnapping, human trafficking, and human
smuggling; Sections
76-5-401
through
76-5-413.2
regarding sexual offenses; or
Section
76-5d-208
regarding aggravated exploitation of prostitution, the court may,
during any court hearing where the defendant is present, issue a pretrial criminal no
contact order:
(i)
prohibiting the defendant from harassing, telephoning, contacting, or otherwise
communicating with the victim directly or through a third party;
(ii)
ordering the defendant to stay away from the residence, school, place of
employment of the victim, and the premises of any of these, or any specified place
frequented by the victim or any designated family member of the victim directly
or through a third party; and
(iii)
ordering any other relief that the court considers necessary to protect and provide
for the safety of the victim and any designated family or household member of the
victim.
(b)
Violation of a pretrial criminal no contact order issued pursuant to this section is a
third degree felony.
(c)
(i)
The court shall provide to the victim a certified copy of any pretrial criminal no
contact order that has been issued if the victim can be located with reasonable
effort.
(ii)
The court shall also transmit the pretrial criminal no contact order to the statewide
domestic violence network in accordance with Section
78B-7-113
.
(15)
(a)
When a case involving a victim may resolve before trial with a plea deal, the
prosecutor shall notify the victim of that possibility as soon as practicable.
(b)
Upon the request of a victim described in Subsection
(15)(a)
, the prosecutor shall
explain the available details of an anticipated plea deal.
Section 35. Section
77-38-601
is amended to read:
77-38-601
. Definitions.
As used in this part:
(1)
"Abuse" means any of the following:
(a)
"abuse" as that term is defined in Section
76-5-111
or
80-1-102
; or
(b)
"child abuse" as that term is defined in Section
76-5-109
.
(2)
"Actual address" means the residential street address of the program participant that is
stated in a program participant's application for enrollment or on a notice of a change of
address under Section
77-38-610
.
(3)
"Assailant" means an individual who commits or threatens to commit abuse, human
trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
program or a minor or incapacitated individual residing with an applicant for the
program.
(4)
"Assigned address" means an address designated by the commission and assigned to a
program participant.
(5)
"Authorization card" means a card issued by the commission that identifies a program
participant as enrolled in the program with the program participant's assigned address
and the date on which the program participant will no longer be enrolled in the program.
(6)
"Commission" means the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(7)
"Domestic violence" means the same as that term is defined in Section
77-36-1
.
(8)
"Human trafficking" means a human trafficking offense under Section
76-5-308
,
76-5-308.1
,
76-5-308.5
,
76-5-308.6
,
76-5-310
,
76-5-310.2
,
76-5-311
, or
76-5-312
.
(9)
"Incapacitated individual" means an individual who is incapacitated, as defined in
Section
75-1-201
.
(10)
(a)
"Mail" means first class letters or flats delivered by the United States Postal
Service, including priority, express, and certified mail.
(b)
"Mail" does not include a package, parcel, periodical, or catalogue, unless the
package, parcel, periodical, or catalogue is clearly identifiable as:
(i)
being sent by a federal, state, or local agency or another government entity; or
(ii)
a pharmaceutical or medical item.
(11)
"Minor" means an individual who is younger than 18 years old.
(12)
"Notification form" means a form issued by the commission that a program participant
may send to a person demonstrating that the program participant is enrolled in the
program.
(13)
"Program" means the Safe at Home Program created in Section
77-38-602
.
(14)
"Program assistant" means an individual designated by the commission under Section
77-38-604
to assist an applicant or program participant.
(15)
"Program participant" means an individual who is enrolled under Section
77-38-606
by
the commission to participate in the program.
(16)
"Record" means the same as that term is defined in Section
63G-2-103
.
(17)
(a)
"Sexual offense" means:
(i)
a sexual offense under
Title 76, Chapter 5, Part 4, Sexual Offenses
; or
(ii)
a sexual exploitation offense under
Title 76, Chapter 5b, Part 2, Sexual
Exploitation
.
(b)
"Sexual offense" does not include an offense under:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness;
(iv)
Section
76-5-420
, lewdness involving a child; or
(v)
Section
76-5b-206
, failure to report child sexual abuse material by a computer
technician.
(18)
"Stalking" means the same as that term is defined in Section
76-5-106.5
.
(19)
"State or local government entity" means a county, municipality, higher education
institution, special district, special service district, or any other political subdivision of
the state or an administrative subunit of the executive, legislative, or judicial branch of
this state, including:
(a)
a law enforcement entity or any other investigative entity, agency, department,
division, bureau, board, or commission; or
(b)
an individual acting or purporting to act for or on behalf of a state or local entity,
including an elected or appointed public official.
(20)
"Victim" means a victim of abuse, domestic violence, human trafficking, stalking, or
sexual assault.
Section 36. Section
78B-3-113
is amended to read:
78B-3-113
. Right of action for a victim of a human trafficking offense.
(1)
As used in this section:
(a)
"Human trafficking offense" means an offense for:
(i)
human trafficking for labor under Section
76-5-308
;
(ii)
human trafficking for
commercial
sexual exploitation under Section
76-5-308.1
;
(iii)
human smuggling under Section
76-5-308.3
;
(iv)
(iii)
human trafficking of a child
for labor
under Section
76-5-308.5
;
(iv)
human trafficking of a child for commercial sexual exploitation under Section
76-5-308.6
;
(v)
aggravated human trafficking
for labor
under Section
76-5-310
;
(vi)
aggravated human trafficking for commercial sexual exploitation under Section
76-5-310.2
;
(vii)
human trafficking of a vulnerable adult for labor under Section
76-5-311
;
(viii)
human trafficking of a vulnerable adult for commercial sexual exploitation
under Section
76-5-312
;
(ix)
patronizing a victim of human labor trafficking under Section
76-5-313
;
(x)
patronizing a child victim of human labor trafficking under Section
76-5-314
;
(xi)
patronizing a vulnerable adult victim of human labor trafficking under Section
76-5-315
;
(xii)
human smuggling under Section
76-5-316
; or
(vi)
(xiii)
aggravated human smuggling under Section
76-5-310.1
; or
76-5-317
.
(vii)
benefitting from human trafficking under Section
76-5-309
.
(b)
"Victim" means an individual against whom a human trafficking offense has been
committed.
(2)
A victim has a right of action against a person that committed a human trafficking
offense against the victim to recover:
(a)
actual damages, compensatory damages, punitive damages, injunctive relief, or any
other appropriate relief for the human trafficking offense; and
(b)
treble damages on proof of actual damages for the human trafficking offense if the
court finds that the person's acts were willful and malicious.
(3)
Notwithstanding any other statute of limitation or repose that may be applicable to an
action described in this section, a victim may only bring an action described in this
section within 10 years after the later of:
(a)
the day on which the victim was freed from the human trafficking or human
smuggling situation;
(b)
the day on which the victim reaches 18 years old; or
(c)
if the victim was unable to bring an action due to a disability, the day on which the
victim's disability ends.
(4)
The time period described in Subsection
(3)
is tolled during a period of time when the
victim fails to bring an action due to the person:
(a)
inducing the victim to delay filing the action;
(b)
preventing the victim from filing the action; or
(c)
threatening and causing duress upon the victim in order to prevent the victim from
filing the action.
(5)
The court shall credit any restitution paid by the person to the victim as described in
Subsection
77-38b-303(5)(b)
.
(6)
The court shall award reasonable attorney fees and costs as described in Subsection
77-38b-303(7)
in an action brought under this section.
(7)
(a)
Notwithstanding Chapter 3a, Venue for Civil Actions, a victim shall bring an
action under this section in the county in which:
(i)
the human trafficking offense occurred;
(ii)
the victim resides; or
(iii)
the defendant resides at the commencement of the action.
(b)
If the defendant is a business organization as defined in Section
78B-3a-101
, the
residence of the business organization is as described in Section
78B-3a-104
.
(8)
If the victim is deceased or otherwise unable to represent the victim's own interests in
the action, a legal guardian, family member, representative of the victim, or court
appointee may bring an action under this section on behalf of the victim.
(9)
This section does not preclude any other remedy available to the victim under the laws
of this state or under federal law.
Section 37. Section
78B-7-201
is amended to read:
78B-7-201
. Definitions.
As used in this chapter:
(1)
"Abuse" means:
(a)
physical abuse;
(b)
sexual abuse;
(c)
any sexual offense described in
Title 76, Chapter 5b, Part 2, Sexual Exploitation
; or
(d)
human trafficking of a child for
commercial
sexual exploitation under Section
76-5-308.5
76-5-308.6
.
(2)
"Child protective order" means an order issued under this part after a hearing on the
petition, of which the petitioner and respondent have been given notice.
(3)
"Court" means the district court or juvenile court.
(4)
"Ex parte child protective order" means an order issued without notice to the respondent
under this part.
(5)
"Protective order" means:
(a)
a child protective order; or
(b)
an ex parte child protective order.
(6)
All other terms have the same meaning as defined in Section
80-1-102
.
Section 38. Section
78B-7-502
is amended to read:
78B-7-502
. Definitions.
As used in this part:
(1)
"Ex parte sexual violence protective order" means an order issued without notice to the
respondent under this part.
(2)
"Protective order" means:
(a)
a sexual violence protective order; or
(b)
an ex parte sexual violence protective order.
(3)
(a)
"Sexual violence" means the commission or the attempt to commit:
(i)
any sexual offense described in:
(A)
Title 76, Chapter 5, Part 4, Sexual Offenses
; or
(B)
Title 76, Chapter 5b, Part 2, Sexual Exploitation
;
(ii)
human trafficking for
commercial
sexual exploitation under Section
76-5-308.1
;
or
(iii)
aggravated human trafficking for
forced
commercial
sexual exploitation under
Section
76-5-310
76-5-310.2
.
(b)
"Sexual violence" does not include an offense described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness;
(iv)
Section
76-5-420
, lewdness involving a child; or
(v)
Section
76-5b-206
, failure to report child sexual abuse material by a computer
technician.
(4)
"Sexual violence protective order" means an order issued under this part after a hearing
on the petition, of which the petitioner and respondent have been given notice.
Section 39. 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
for labor
in violation of Section
76-5-308.5
;
(F)
human trafficking of a child for commercial sexual exploitation in violation of
Section
76-5-308.6
;
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 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, 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 40. Section
80-2-301
is amended to read:
80-2-301
. Division responsibilities.
(1)
The division is the child, youth, and family services authority of the state.
(2)
The division shall:
(a)
administer services to minors and families, including:
(i)
child welfare services;
(ii)
domestic violence services; and
(iii)
all other responsibilities that the Legislature or the executive director of the
department may assign to the division;
(b)
provide the following services:
(i)
financial and other assistance to an individual adopting a child with special needs
under Sections
80-2-806
through
80-2-809
, not to exceed the amount the division
would provide for the child as a legal ward of the state;
(ii)
non-custodial and in-home services in accordance with Section
80-2-306
,
including:
(A)
services designed to prevent family break-up; and
(B)
family preservation services;
(iii)
reunification services to families whose children are in substitute care in
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(iv)
protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;
(v)
shelter care in accordance with this chapter, Chapter 2a, Removal and Protective
Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(vi)
domestic violence services, in accordance with the requirements of federal law;
(vii)
protective services to victims of domestic violence and the victims' children, in
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(viii)
substitute care for dependent, abused, and neglected children;
(ix)
services for minors who are victims of human trafficking or human smuggling,
as described in Sections
76-5-308
through
76-5-310.1
76-5-317
, or who have
engaged in prostitution or sexual solicitation, as defined in Sections
76-5d-202

and
76-5d-209
; and
(x)
training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter and Chapter 2a,
Removal and Protective Custody of a Child;
(c)
establish standards for all:
(i)
contract providers of out-of-home care for minors and families;
(ii)
facilities that provide substitute care for dependent, abused, or neglected children
placed in the custody of the division; and
(iii)
direct or contract providers of domestic violence services described in
Subsection
(2)(b)(vi)
;
(d)
have authority to:
(i)
contract with a private, nonprofit organization to recruit and train foster care
families and child welfare volunteers in accordance with Section
80-2-405
;
(ii)
approve facilities that meet the standards established under Subsection
(2)(c)
to
provide substitute care for dependent, abused, or neglected children placed in the
custody of the division; and
(iii)
approve an individual to provide short-term relief care to a foster parent if the
individual:
(A)
provides the relief care for less than six consecutive nights;
(B)
provides the relief care in the short-term relief care provider's home;
(C)
is direct access qualified, as that term is defined in Section
26B-2-120
; and
(D)
is an immediate family member or relative, as those terms are defined in
Section
80-3-102
, of the foster parent;
(e)
cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the
department;
(f)
in accordance with Subsection
(5)(a)
, promote and enforce state and federal laws
enacted for the protection of abused, neglected, or dependent children, in accordance
with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless
administration is expressly vested in another division or department of the state;
(g)
cooperate with the Workforce Development Division within the Department of
Workforce Services in meeting the social and economic needs of an individual who is
eligible for public assistance;
(h)
compile relevant information, statistics, and reports on child and family service
matters in the state;
(i)
prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of
Sections
80-2-1102
and
80-2-1103
;
(j)
within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
(k)
enter into contracts for programs designed to reduce the occurrence or recurrence of
abuse and neglect in accordance with Section
80-2-503
;
(l)
seek reimbursement of funds the division expends on behalf of a child in the
protective custody, temporary custody, or custody of the division, from the child's
parent or guardian in accordance with an order for child support under Section
78A-6-356
;
(m)
ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who:
(i)
have a permanency goal of adoption; or
(ii)
have a final plan of termination of parental rights, under Section
80-3-409
, and
promote adoption of the children;
(n)
subject to Subsections
(5)
and
(7)
, refer an individual receiving services from the
division to the local substance abuse authority or other private or public resource for
a court-ordered drug screening test;
(o)
report before November 30, 2020, and every third year thereafter, to the Social
Services Appropriations Subcommittee regarding:
(i)
the daily reimbursement rate that is provided to licensed foster parents based on
level of care;
(ii)
the amount of money spent on daily reimbursements for licensed foster parents
during the previous fiscal year; and
(iii)
any recommended changes to the division's budget to support the daily
reimbursement rates described in Subsection
(2)(o)(i)
;
(p)
when a division child welfare caseworker identifies a safety concern with the foster
home, cooperate with the Office of Licensing and make a recommendation to the
Office of Licensing concerning whether the foster home's license should be placed on
conditions, suspended, or revoked; and
(q)
perform other duties and functions required by law.
(3)
(a)
The division may provide, directly or through contract, services that include the
following:
(i)
adoptions;
(ii)
day-care services;
(iii)
out-of-home placements for minors;
(iv)
health-related services;
(v)
homemaking services;
(vi)
home management services;
(vii)
protective services for minors;
(viii)
transportation services; or
(ix)
domestic violence services.
(b)
The division shall monitor services provided directly by the division or through
contract to ensure compliance with applicable law and rules made in accordance with
Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(c)
(i)
Except as provided in Subsection
(3)(c)(ii)
, if the division provides a service
through a private contract, the division shall post the name of the service provider
on the division's website.
(ii)
Subsection
(3)(c)(i)
does not apply to a foster parent placement.
(4)
(a)
The division may:
(i)
receive gifts, grants, devises, and donations;
(ii)
encourage merchants and service providers to:
(A)
donate goods or services; or
(B)
provide goods or services at a nominal price or below cost;
(iii)
distribute goods to applicants or consumers of division services free or for a
nominal charge and tax free; and
(iv)
appeal to the public for funds to meet needs of applicants or consumers of
division services that are not otherwise provided by law, including Sub-for-Santa
programs, recreational programs for minors, and requests for household
appliances and home repairs.
(b)
If requested by the donor and subject to state and federal law, the division shall use a
gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for
the purpose requested by the donor.
(5)
(a)
In carrying out the requirements of Subsection
(2)(f)
, the division shall:
(i)
cooperate with the juvenile courts, the Division of Juvenile Justice and Youth
Services, and with all public and private licensed child welfare agencies and
institutions to develop and administer a broad range of services and support;
(ii)
take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made;
and
(iii)
make expenditures necessary for the care and protection of the children described
in Subsection
(5)(a)(ii)
, within the division's budget.
(b)
If an individual is referred to a local substance abuse authority or other private or
public resource for court-ordered drug screening under Subsection
(2)(n)
, the court
shall order the individual to pay all costs of the tests unless:
(i)
the cost of the drug screening is specifically funded or provided for by other
federal or state programs;
(ii)
the individual is a participant in a drug court; or
(iii)
the court finds that the individual is an indigent individual.
(6)
Except to the extent provided by rules made in accordance with Title
63G, Chapter 3
,
Utah Administrative Rulemaking Act, the division is not required to investigate
domestic violence in the presence of a child, as described in Section
76-5-114
.
(7)
(a)
Except as provided in Subsection
(7)(b)
, the division may not:
(i)
require a parent who has a child in the custody of the division to pay for some or
all of the cost of any drug testing the parent is required to undergo; or
(ii)
refer an individual who is receiving services from the division for drug testing by
means of a hair, fingernail, or saliva test that is administered to detect the presence
of drugs.
(b)
Notwithstanding Subsection
(7)(a)(ii)
, the division may refer an individual who is
receiving services from the division for drug testing by means of a saliva test if:
(i)
the individual consents to drug testing by means of a saliva test; or
(ii)
the court, based on a finding that a saliva test is necessary in the circumstances,
orders the individual to complete drug testing by means of a saliva test.
Section 41. Section
80-3-406
is amended to read:
80-3-406
. Permanency plan -- Reunification services.
(1)
If the juvenile court orders continued removal at the dispositional hearing under Section
80-3-402
, and that the minor remain in the custody of the division, the juvenile court
shall first:
(a)
establish a primary permanency plan and a concurrent permanency plan for the minor
in accordance with this section; and
(b)
determine whether, in view of the primary permanency plan, reunification services
are appropriate for the minor and the minor's family under Subsections
(5)
through
(8)
.
(2)
(a)
The concurrent permanency plan shall include:
(i)
a representative list of the conditions under which the primary permanency plan
will be abandoned in favor of the concurrent permanency plan; and
(ii)
an explanation of the effect of abandoning or modifying the primary permanency
plan.
(b)
In determining the primary permanency plan and concurrent permanency plan, the
juvenile court shall consider:
(i)
the preference for kinship placement over nonkinship placement, including the
rebuttable presumption described in Subsection
80-3-302(7)(a)
;
(ii)
the potential for a guardianship placement if parental rights are terminated and no
appropriate adoption placement is available; and
(iii)
the use of an individualized permanency plan, only as a last resort.
(3)
(a)
The juvenile court may amend a minor's primary permanency plan before the
establishment of a final permanency plan under Section
80-3-409
.
(b)
The juvenile court is not limited to the terms of the concurrent permanency plan in
the event that the primary permanency plan is abandoned.
(c)
If, at any time, the juvenile court determines that reunification is no longer a minor's
primary permanency plan, the juvenile court shall conduct a permanency hearing in
accordance with Section
80-3-409
on or before the earlier of:
(i)
30 days after the day on which the juvenile court makes the determination
described in this Subsection
(3)(c)
; or
(ii)
the day on which the provision of reunification services, described in Section
80-3-409
, ends.
(4)
(a)
Because of the state's interest in and responsibility to protect and provide
permanency for minors who are abused, neglected, or dependent, the Legislature
finds that a parent's interest in receiving reunification services is limited.
(b)
The juvenile court may determine that:
(i)
efforts to reunify a minor with the minor's family are not reasonable or
appropriate, based on the individual circumstances; and
(ii)
reunification services should not be provided.
(c)
In determining reasonable efforts to be made with respect to a minor, and in making
reasonable efforts, the juvenile court and the division shall consider the minor's
health, safety, and welfare as the paramount concern.
(d)
Subject to Subsection
(4)(e)
, the juvenile court may not determine that reunification
services should not be provided solely on the basis of a parent's agreement or
disagreement with the minor's:
(i)
assertion that the minor's gender identity is different from the minor's biological
sex;
(ii)
practice of having or expressing a different gender identity than the child's
biological sex; or
(iii)
sexual orientation.
(e)
Subsection
(4)(d)
does not preclude the juvenile court from determining that
reunification services should not be provided if the parent's agreement or
disagreement with a minor as described in Subsection
(4)(d)
results in or is related to
harm, as that term is defined in Section
80-1-102
, to the minor.
(5)
There is a presumption that reunification services should not be provided to a parent if
the juvenile court finds, by clear and convincing evidence, that any of the following
circumstances exist:
(a)
the whereabouts of the parents are unknown, based on a verified affidavit indicating
that a reasonably diligent search has failed to locate the parent;
(b)
subject to Subsection
(6)(a)
, the parent is suffering from a mental illness of such
magnitude that the mental illness renders the parent incapable of utilizing
reunification services;
(c)
the minor was previously adjudicated as an abused child due to physical abuse,
sexual abuse, or sexual exploitation, and following the adjudication the child:
(i)
was removed from the custody of the minor's parent;
(ii)
was subsequently returned to the custody of the parent; and
(iii)
is being removed due to additional physical abuse, sexual abuse, or sexual
exploitation;
(d)
the parent:
(i)
caused the death of another minor through abuse or neglect;
(ii)
committed, aided, abetted, attempted, conspired, or solicited to commit:
(A)
murder or manslaughter of a minor; or
(B)
child abuse homicide;
(iii)
committed sexual abuse against the minor;
(iv)
is a sex offender under Subsection
53-29-202(2)(b)
; or
(v)
(A)
intentionally, knowingly, or recklessly causes the death of another parent
of the minor;
(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 minor; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the minor;
(e)
the minor suffered severe abuse by the parent or by any individual known by the
parent if the parent knew or reasonably should have known that the individual was
abusing the minor;
(f)
the minor is adjudicated as an abused minor as a result of severe abuse by the parent,
and the juvenile court finds that it would not benefit the minor to pursue reunification
services with the offending parent;
(g)
the parent's rights are involuntarily terminated with regard to any other minor;
(h)
the minor was removed from the minor's home on at least two previous occasions
and reunification services were offered or provided to the family at those times;
(i)
the parent has abandoned the minor for a period of six months or longer;
(j)
the parent permitted the minor to reside, on a permanent or temporary basis, at a
location where the parent knew or should have known that a clandestine laboratory
operation was located;
(k)
except as provided in Subsection
(6)(b)
, with respect to a parent who is the minor's
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder,
or was exposed to an illegal or prescription drug that was abused by the minor's
mother while the minor was in utero, if the minor was taken into division custody for
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has
recently and successfully completed a substance use disorder treatment program
approved by the department; or
(l)
subject to Subsection
(4)(d)
, the parent has subjected the minor to aggravated
circumstances, including:
(i)
a severe type of child abuse or neglect;
(ii)
torture; or
(iii)
human trafficking of a child as described in Section
76-5-308.5
or
76-5-308.6
.
(6)
(a)
The juvenile court shall base the finding under Subsection
(5)(b)
on competent
evidence from at least two medical or mental health professionals, who are not
associates, establishing that, even with the provision of services, the parent is not
likely to be capable of adequately caring for the minor within 12 months after the day
on which the juvenile court finding is made.
(b)
The juvenile court may disregard the provisions of Subsection
(5)(k)
if the juvenile
court finds, under the circumstances of the case, that the substance use disorder
treatment described in Subsection
(5)(k)
is not warranted.
(7)
In determining whether reunification services are appropriate, the juvenile court shall
take into consideration:
(a)
failure of the parent to respond to previous services or comply with a previous child
and family plan;
(b)
the fact that the minor was abused while the parent was under the influence of drugs
or alcohol;
(c)
any history of violent behavior directed at the minor or an immediate family member;
(d)
the circumstances under which the parent's rights were voluntarily terminated with
regard to any other minor;
(e)
whether a parent continues to live with an individual who abused the minor;
(f)
any patterns of the parent's behavior that have exposed the minor to repeated abuse;
(g)
testimony by a competent professional that the parent's behavior is unlikely to be
successful; and
(h)
whether the parent has expressed an interest in reunification with the minor.
(8)
If, under Subsections
(5)(b)
through
(l)
, the juvenile court does not order reunification
services, a permanency hearing shall be conducted within 30 days in accordance with
Section
80-3-409
.
(9)
(a)
Subject to Subsections
(9)(b)
through
(e)
, if the juvenile court determines that
reunification services are appropriate for the minor and the minor's family, the
juvenile court shall provide for reasonable parent-time with the parent or parents
from whose custody the minor was removed, unless parent-time is not in the best
interest of the minor.
(b)
Parent-time is in the best interests of a minor unless the juvenile court makes a
finding that it is necessary to deny parent-time in order to:
(i)
protect the physical safety of the minor;
(ii)
protect the life of the minor; or
(iii)
prevent the minor from being traumatized by contact with the parent due to the
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
Notwithstanding Subsection
(9)(a)
, a juvenile court may not deny parent-time based
solely on a parent's failure to:
(i)
prove that the parent has not used legal or illegal substances; or
(ii)
comply with an aspect of the child and family plan that is ordered by the juvenile
court.
(d)
Parent-time shall be under the least restrictive conditions necessary to:
(i)
protect the physical safety of the child; or
(ii)
prevent the child from being traumatized by contact with the parent due to the
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(e)
(i)
The division or the person designated by the division or a court to supervise a
parent-time session may deny parent-time for the session if the division or the
supervising person determines that, based on the parent's condition, it is necessary
to deny parent-time to:
(A)
protect the physical safety of the child;
(B)
protect the life of the child; or
(C)
consistent with Subsection
(9)(e)(ii)
, prevent the child from being traumatized
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection
(9)(e)(i)
will traumatize a child, the division or the person supervising the
parent-time session shall consider the impact that the parent's condition will have
on the child in light of:
(A)
the child's fear of the parent; and
(B)
the nature of the alleged abuse or neglect.
(10)
(a)
If the juvenile court determines that reunification services are appropriate, the
juvenile court shall order that the division make reasonable efforts to provide services
to the minor and the minor's parent for the purpose of facilitating reunification of the
family, for a specified period of time.
(b)
In providing the services described in Subsection
(10)(a)
, the juvenile court and the
division shall consider the minor's health, safety, and welfare as the paramount
concern.
(11)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
neglect are involved:
(a)
the juvenile court does not have any duty to order reunification services; and
(b)
the division does not have a duty to make reasonable efforts to or in any other way
attempt to provide reunification services or attempt to rehabilitate the offending
parent or parents.
(12)
(a)
The juvenile court shall:
(i)
determine whether the services offered or provided by the division under the child
and family plan constitute reasonable efforts on the part of the division;
(ii)
determine and define the responsibilities of the parent under the child and family
plan in accordance with Subsection
80-3-307(5)(g)(iii)
; and
(iii)
identify verbally on the record, or in a written document provided to the parties,
the responsibilities described in Subsection
(12)(a)(ii)
, for the purpose of assisting
in any future determination regarding the provision of reasonable efforts, in
accordance with state and federal law.
(b)
If the parent is in a substance use disorder treatment program, other than a certified
drug court program, the juvenile court may order the parent:
(i)
to submit to supplementary drug or alcohol testing, in accordance with Subsection
80-3-110(6)
, in addition to the testing recommended by the parent's substance use
disorder program based on a finding of reasonable suspicion that the parent is
abusing drugs or alcohol; and
(ii)
to provide the results of drug or alcohol testing recommended by the substance
use disorder program to the juvenile court or division.
(13)
(a)
The time period for reunification services may not exceed 12 months from the
day on which the minor was initially removed from the minor's home, unless the time
period is extended under Subsection
80-3-409(7)
.
(b)
This section does not entitle any parent to an entire 12 months of reunification
services.
(14)
(a)
If reunification services are ordered, the juvenile court may terminate those
services at any time.
(b)
If, at any time, continuation of reasonable efforts to reunify a minor is determined to
be inconsistent with the final permanency plan for the minor established under
Section
80-3-409
, then measures shall be taken, in a timely manner, to:
(i)
place the minor in accordance with the final permanency plan; and
(ii)
complete whatever steps are necessary to finalize the permanent placement of the
minor.
(15)
Any physical custody of the minor by the parent or a relative during the period
described in Subsections
(10)
through
(14)
does not interrupt the running of the period.
(16)
(a)
If reunification services are ordered, the juvenile court shall conduct a
permanency hearing in accordance with Section
80-3-409
before the day on which
the time period for reunification services expires.
(b)
The permanency hearing shall be held no later than 12 months after the original
removal of the minor.
(c)
If reunification services are not ordered, a permanency hearing shall be conducted
within 30 days in accordance with Section
80-3-409
.
(17)
With regard to a minor in the custody of the division whose parent or parents are
ordered to receive reunification services but who have abandoned that minor for a period
of six months from the day on which reunification services are ordered:
(a)
the juvenile court shall terminate reunification services; and
(b)
the division shall petition the juvenile court for termination of parental rights.
(18)
When a minor is under the custody of the division and has been separated from a
sibling due to foster care or adoptive placement, a juvenile court may order sibling
visitation, subject to the division obtaining consent from the sibling's guardian,
according to the juvenile court's determination of the best interests of the minor for
whom the hearing is held.
(19)
(a)
If reunification services are not ordered under this section, and the whereabouts
of a parent becomes known within six months after the day on which the out-of-home
placement of the minor is made, the juvenile court may order the division to provide
reunification services.
(b)
The time limits described in this section are not tolled by the parent's absence.
(20)
(a)
If a parent is incarcerated or institutionalized, the juvenile court shall order
reasonable services unless the juvenile court determines that those services would be
detrimental to the minor.
(b)
In making the determination described in Subsection
(20)(a)
, the juvenile court shall
consider:
(i)
the age of the minor;
(ii)
the degree of parent-child bonding;
(iii)
the length of the sentence;
(iv)
the nature of the treatment;
(v)
the nature of the crime or illness;
(vi)
the degree of detriment to the minor if services are not offered;
(vii)
for a minor who is 10 years old or older, the minor's attitude toward the
implementation of family reunification services; and
(viii)
any other appropriate factors.
(c)
Reunification services for an incarcerated parent are subject to the time limitations
imposed in this section.
(d)
Reunification services for an institutionalized parent are subject to the time
limitations imposed in this section, unless the juvenile court determines that
continued reunification services would be in the minor's best interest.
Section 42. 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 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
for labor
, as described in Section
76-5-308.5
;
(v)
human trafficking of a child for commercial sexual exploitation, as described in
Section
76-5-308.6
;
(vi)
patronizing a child victim of human labor trafficking, as described in Section
76-5-314
;
(v)
(vii)
sexual abuse of a minor, as described in Section
76-5-401.1
;
(vi)
(viii)
rape of a child, as described in Section
76-5-402.1
;
(vii)
(ix)
object rape of a child, as described in Section
76-5-402.3
;
(viii)
(x)
sodomy on a child, as described in Section
76-5-403.1
;
(ix)
(xi)
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)
(xii)
sexual exploitation of a minor, as described in Section
76-5b-201
;
(xi)
(xiii)
aggravated sexual exploitation of a minor, as described in Section
76-5b-201.1
; or
(xii)
(xiv)
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 43. 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
for labor
, as described in Section
76-5-308.5
;
(i)
human trafficking of a child for commercial sexual exploitation, as described in
Section
76-5-308.6
;
(j)
patronizing a child victim of human labor trafficking, as described in Section
76-5-314
;
(i)
(k)
sexual abuse of a minor, as described in Section
76-5-401.1
;
(j)
(l)
rape of a child, as described in Section
76-5-402.1
;
(k)
(m)
object rape of a child, as described in Section
76-5-402.3
;
(l)
(n)
sodomy on a child, as described in Section
76-5-403.1
;
(m)
(o)
sexual abuse of a child, as described in Section
76-5-404.1
;
(n)
(p)
aggravated sexual abuse of a child, as described in Section
76-5-404.3
;
(o)
(q)
sexual exploitation of a minor, as described in Section
76-5b-201
;
(p)
(r)
aggravated sexual exploitation of a minor, as described in Section
76-5b-201.1
;
or
(q)
(s)
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 44.
Repealer.
Definitions.
Section 45.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 4:20 PM