Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 105 (2016GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that mistakenly believing a victim to be 18 years of age or older at the time of the alleged offense is not a defense to the crime of human trafficking of a child.

Every vote on this bill

Bill text

HUMAN TRAFFICKING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor:
 Wayne A. Harper
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the crime of human trafficking of
a child.
Highlighted Provisions:
This bill:
▸ provides that mistakenly believing a victim to be 18 years of age or older at the time
of the alleged offense is not a defense to the crime of human trafficking of a child.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-304.5
, as last amended by Laws of Utah 2013, Chapters 34 and 196
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 crime of child kidnapping, a violation of Section
76-5-301.1
; rape of a child, a violation of Section 
76-5-402.1
; object rape of a child, a violation
of Section 
76-5-402.3
; sodomy on a child, a violation of Section 
76-5-403.1
; sexual abuse of a
child, a violation of Section 
76-5-404.1
; aggravated sexual abuse of a child, a violation of
Subsection 
76-5-404.1
(4); or an attempt to commit any of these offenses, that the actor
mistakenly believed the victim to be 14 years of age or older at the time of the alleged offense
or was unaware of the victim's true age.
(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
of Section 
76-5-401
; sexual abuse of a minor, a violation of Section 
76-5-401.1
; or an attempt
to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years
of age or older at the time of the alleged offense or was unaware of the victim's true age.
(3) It is not a defense to the crime of aggravated human trafficking or aggravated
human smuggling, a violation of Section 
76-5-310
, or human trafficking of a child, a violation
of Section 
76-5-308.5
, that the actor mistakenly believed the victim to be 18 years of age or
older at the time of the alleged offense or was unaware of the victim's true age.
(4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
of Subsection 
76-5-401.2
(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
of age or older at the time of the alleged offense or was unaware of the victim's true age.
(5) It is not a defense to any of the following crimes that the actor mistakenly believed
the victim to be 18 years of age or older at the time of the alleged offense or was unaware of
the victim's true age:
(a) patronizing a prostitute, a violation of Section 
76-10-1303
;
(b) aggravated exploitation of a prostitute, a violation of Section 
76-10-1306
; or
(c) sexual solicitation, a violation of Section 
76-10-1313
.
Legislative Review Note
Office of Legislative Research and General Counsel