Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 366 First Substitute (2015GS)

Sponsor

Rep. Christofferson, K.

Final action

LFA/ fiscal note publicly available 4/3/2015

Outcome

LFA/ fiscal note publicly available

Summary

What it does

• This bill:
• modifies the definition of aggravated sexual abuse of a child by a person in a position of special trust to provide that a victim of this offense is a minor younger than 18 years of age, rather than the current provision defining the victim as an individual younger than 14 years of age.

Every vote on this bill

Bill text

STATUTE OF LIMITATIONS FOR SEXUAL OFFENSES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding sexual offenses against a child.
Highlighted Provisions:
This bill:
▸ modifies the definition of aggravated sexual abuse of a child by a person in a
position of special trust to provide that a victim of this offense is a minor younger
than 18 years of age, rather than the current provision defining the victim as an
individual younger than 14 years of age.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-5-404.1
, 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 
76-5-404.1
 is amended to read:
76-5-404.1.
Sexual abuse of a child -- Aggravated sexual abuse of a child.
(1) As used in this section:
(a) "Adult" means an individual 18 years of age or older.
(b) 
(i)
 "Child" means an individual [
under the age of
] 
younger than
years of age,
except as defined under Subsection (1)(b)(ii)
.
(ii) "Child" means an individual younger than 18 years of age who is the victim of an
offense committed in violation of Subsection (4)(h).
(c) "Position of special trust" means:
(i) an adoptive parent;
(ii) an athletic manager who is an adult;
(iii) an aunt;
(iv) a babysitter;
(v) a coach;
(vi) a cohabitant of a parent if the cohabitant is an adult;
(vii) a counselor;
(viii) a doctor or physician;
(ix) an employer;
(x) a foster parent;
(xi) a grandparent;
(xii) a legal guardian;
(xiii) a natural parent;
(xiv) a recreational leader who is an adult;
(xv) a religious leader;
(xvi) a sibling or a stepsibling who is an adult;
(xvii) a scout leader who is an adult;
(xviii) a stepparent;
(xix) a teacher or any other person employed by or volunteering at a public or private
elementary school or secondary school, and who is 18 years of age or older;
(xx) an uncle;
(xxi) a youth leader who is an adult; or
(xxii) any person in a position of authority, other than those persons listed in
Subsections (1)(c)(i) through (xxi), which enables the person to exercise undue influence over
the child.
(2) A person commits sexual abuse of a child if, under circumstances not amounting to
rape of a child, object rape of a child, sodomy on a child, or an attempt to commit any of these
offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female
child, or otherwise takes indecent liberties with a child, or causes a child to take indecent
liberties with the actor or another with intent to cause substantial emotional or bodily pain to
any person or with the intent to arouse or gratify the sexual desire of any person regardless of
the sex of any participant.
(3) Sexual abuse of a child is a second degree felony.
(4) A person commits aggravated sexual abuse of a child when in conjunction with the
offense described in Subsection (2) any of the following circumstances have been charged and
admitted or found true in the action for the offense:
(a) the offense was committed by the use of a dangerous weapon as defined in Section
76-1-601
, or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or
was committed during the course of a kidnapping;
(b) the accused caused bodily injury or severe psychological injury to the victim during
or as a result of the offense;
(c) the accused was a stranger to the victim or made friends with the victim for the
purpose of committing the offense;
(d) the accused used, showed, or displayed pornography or caused the victim to be
photographed in a lewd condition during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously convicted of any
sexual offense;
(f) the accused committed the same or similar sexual act upon two or more victims at
the same time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere, more than five separate acts, which if
committed in Utah would constitute an offense described in this chapter, and were committed
at the same time, or during the same course of conduct, or before or after the instant offense;
(h) the offense was committed by a person who occupied a position of special trust in
relation to the victim;
(i) the accused encouraged, aided, allowed, or benefitted from acts of prostitution or
sexual acts by the victim with any other person, or sexual performance by the victim before any
other person, human trafficking, or human smuggling; or
(j) the accused caused the penetration, however slight, of the genital or anal opening of
the child by any part or parts of the human body other than the genitals or mouth.
(5) Aggravated sexual abuse of a child is a first degree felony punishable by a term of
imprisonment of:
(a) except as provided in Subsection (5)(b), (5)(c), or (6), not less than 15 years and
which may be for life;
(b) except as provided in Subsection (5)(c) or (6), life without parole, if the trier of fact
finds that during the course of the commission of the aggravated sexual abuse of a child the
defendant caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of the
aggravated sexual abuse of a child, the defendant was previously convicted of a grievous
sexual offense.
(6) If, when imposing a sentence under Subsection (5)(a) or (b), a court finds that a
lesser term than the term described in Subsection (5)(a) or (b) is in the interests of justice and
states the reasons for this finding on the record, the court may impose a term of imprisonment
of not less than:
(a) for purposes of Subsection (5)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (5)(a) or (b):
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(7) The provisions of Subsection (6) do not apply when a person is sentenced under
Subsection (5)(c).
(8) Subsections (5)(b) and (5)(c) do not apply if the defendant was younger than 18
years of age at the time of the offense.
(9) Imprisonment under this section is mandatory in accordance with Section 
76-3-406
.
Legislative Review Note
 as of 2-17-15 3:48 PM
Office of Legislative Research and General Counsel