Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 74 (2015GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of "without consent of the victim" regarding sexual offenses in the following provisions:
• when the defendant knows the victim is unconscious or unaware, the provision requiring proof that the victim has not consented is removed; and
• when the defendant knows that the victim is incapable of understanding or resisting the offense, Ĥ→ [ the requirement that the defendant also know that the victim has a mental disease or defect is removed ] the cause of the incapacity includes any other 19a reason, in addition to the current reasons of mental disease or defect ←Ĥ .

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 4, 2015 at 12:16 PM by jeyring.
CONSENT DEFINITION FOR SEXUAL OFFENSE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill modifies the definition of consent in the Criminal Code regarding sexual
offenses.
Highlighted Provisions:
This bill:
▸ amends the definition of "without consent of the victim" regarding sexual offenses
in the following provisions:
• when the defendant knows the victim is unconscious or unaware, the provision
requiring proof that the victim has not consented is removed; and
• when the defendant knows that the victim is incapable of understanding or
resisting the offense, 
Ĥ→ [
the requirement that the defendant also know that the
victim has a mental disease or defect is removed
] 
the cause of the incapacity includes any other
19a 
reason, in addition to the current reasons of mental disease or defect
 ←Ĥ
 .
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-406
, as last amended by Laws of Utah 2014, Chapters 135 and 141
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5-406
 is amended to read:
76-5-406.
Sexual offenses against the victim without consent of victim --
Circumstances.
An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a
child, object rape, attempted object rape, object rape of a child, attempted object rape of a
child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy on a
child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse,
sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child,
attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the
victim under any of the following circumstances:
(1) the victim expresses lack of consent through words or conduct;
(2) the actor overcomes the victim through the actual application of physical force or
violence;
(3) the actor is able to overcome the victim through concealment or by the element of
surprise;
(4) (a) (i) the actor coerces the victim to submit by threatening to retaliate in the
immediate future against the victim or any other person, and the victim perceives at the time
that the actor has the ability to execute this threat; or
(ii) the actor coerces the victim to submit by threatening to retaliate in the future
against the victim or any other person, and the victim believes at the time that the actor has the
ability to execute this threat;
(b) as used in this Subsection (4), "to retaliate" includes threats of physical force,
kidnapping, or extortion;
(5) [
the victim has not consented and
] the actor knows the victim is unconscious,
unaware that the act is occurring, or physically unable to resist;
(6) the actor knows that 
Ĥ→ [
[
] 
as a result of mental disease or defect,
 [
]
] 
or for any
54a 
other reason
 ←Ĥ
 the victim is at the
time of the act incapable either of appraising the nature of the act or of resisting it;
(7) the actor knows that the victim submits or participates because the victim
erroneously believes that the actor is the victim's spouse;
(8) the actor intentionally impaired the power of the victim to appraise or control his or
her conduct by administering any substance without the victim's knowledge;
(9) the victim is younger than 14 years of age;
(10) the victim is younger than 18 years of age and at the time of the offense the actor
was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of
special trust in relation to the victim as defined in Section 
76-5-404.1
;
(11) the victim is 14 years of age or older, but younger than 18 years of age, and the
actor is more than three years older than the victim and entices or coerces the victim to submit
or participate, under circumstances not amounting to the force or threat required under
Subsection (2) or (4); or
(12) the actor is a health professional or religious counselor, as those terms are defined
in this Subsection (12), the act is committed under the guise of providing professional
diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed
that the act was for medically or professionally appropriate diagnosis, counseling, or treatment
to the extent that resistance by the victim could not reasonably be expected to have been
manifested; for purposes of this Subsection (12):
(a) "health professional" means an individual who is licensed or who holds himself or
herself out to be licensed, or who otherwise provides professional physical or mental health
services, diagnosis, treatment, or counseling including, but not limited to, a physician,
osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist,
social service worker, clinical social worker, certified social worker, marriage and family
therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse
specialist, or substance abuse counselor; and
(b) "religious counselor" means a minister, priest, rabbi, bishop, or other recognized
member of the clergy.
Legislative Review Note
 as of 11-18-14 5:47 PM
Office of Legislative Research and General Counsel