Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 123 Third Substitute (2017GS)

Sponsor

Rep. Roberts, M.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• describes unlawful sexual activity between minors;
• sets parameters for when unlawful sexual activity occurs between minors and both are under 18 years of age;
• requires the filing of petitions in juvenile court;
• creates penalties; and
• makes technical and conforming corrections.

Every vote on this bill

Bill text

JUVENILE OFFENSES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marc K. Roberts
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill makes changes to juvenile sex offenses when both juveniles are under 18 years
of age.
Highlighted Provisions:
This bill:
▸ describes unlawful sexual activity between minors;
▸ sets parameters for when unlawful sexual activity occurs between minors and both
are under 18 years of age;
▸ requires the filing of petitions in juvenile court;
▸ creates penalties; and
▸ makes technical and conforming corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-406
, as last amended by Laws of Utah 2011, Chapter 366
77-2-9
, as last amended by Laws of Utah 2009, Chapter 146
ENACTS:
76-5-401.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-406
 is amended to read:
76-3-406.
Crimes for which probation, suspension of sentence, lower category of
offense, or hospitalization may not be granted.
(1)
 Notwithstanding Sections 
76-3-201
 and 
77-18-1
 and Title 77, Chapter 16a,
Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
76-5-406.5
, probation [
shall
] 
may
 not be granted, the execution or imposition of sentence
[
shall
] 
may
 not be suspended, the court [
shall
] 
may
 not enter a judgment for a lower category
of offense, and hospitalization [
shall
] 
may
 not be ordered, the effect of which would in any way
shorten the prison sentence for any person who commits a capital felony or a first degree felony
involving:
[
(1)
] 
(a)
 Section 
76-5-202
, aggravated murder;
[
(2)
] 
(b)
 Section 
76-5-203
, murder;
[
(3)
] 
(c)
 Section 
76-5-301.1
, child kidnaping;
[
(4)
] 
(d)
 Section 
76-5-302
, aggravated kidnaping;
[
(5)
] 
(e)
 Section 
76-5-402
, rape, if the person is sentenced under Subsection
76-5-402
(3)(b), (3)(c), or (4);
[
(6)
] 
(f)
 Section 
76-5-402.1
, rape of a child;
[
(7)
] 
(g)
 Section 
76-5-402.2
, object rape, if the person is sentenced under Subsection
76-5-402.2
(1)(b), (1)(c), or (2);
[
(8)
] 
(h)
 Section 
76-5-402.3
, object rape of a child;
[
(9)
] 
(i)
 Section 
76-5-403
, forcible sodomy, if the person is sentenced under Subsection
76-5-403
(4)(b), (4)(c), or (5);
[
(10)
] 
(j)
 Section 
76-5-403.1
, sodomy on a child;
[
(11)
] 
(k)
 Section 
76-5-404
, forcible sexual abuse, if the person is sentenced under
Subsection 
76-5-404
(2)(b) or (3);
[
(12)
] 
(l)
 Subsections 
76-5-404.1
(4) and (5), aggravated sexual abuse of a child;
[
(13)
] 
(m)
 Section 
76-5-405
, aggravated sexual assault; or
[
(14)
] 
(n)
 any attempt to commit a felony listed in Subsection [
(6), (8), or (10)
] 
(1)(f),
(h), or (j)
.
(2) Unless the offenses are before the court pursuant to Section 
78A-6-701
, 
78A-6-702
,
or 
78A-6-703
, the provisions of this section do not apply if the sentencing court finds that the
defendant was under the age of 18 at the time of the offense and could have been adjudicated in
the juvenile court but for the delayed reporting or delayed filing of the information.
Section 2. Section 
76-5-401.3
 is enacted to read:
 76-5-401.3.
Unlawful sexual activity between minors.
(1) This section applies exclusively to persons charged by petition in the juvenile court
who are under the age of 18 at the time of the offense.
(2) Petitions alleging one or more violations of Section 
76-5-402.1
, 
76-5-402.3
,
76-5-403.1
, or 
76-5-404.1
 where both parties are under the age of 18 at the time of the offense
shall factually distinguish the perpetrator of the offense, including that:
(a) the perpetrator is at least two years older than the victim;
(b) the perpetrator did not reasonably mistake the victim's age; and
(c) the perpetrator used manipulation, coercion, or deceit such that the victim
participated in what appeared to be mutually welcome sexual activity.
(3) Conduct that does not meet the requirements of Subsection (2) shall be punishable
as unlawful sexual activity between minors as:
(a) a class B misdemeanor if there is less than three years' difference in the ages of the
parties;
(b) a class A misdemeanor if there is more than three years' difference in the ages of
the parties but less than four years' difference; or
(c) a third degree felony if there is more than four years' difference in the ages of the
parties.
(4) Subsection (3) does not apply:
(a) if one party is under 12 years of age and there is more than two years' difference in
the ages of the parties;
(b) if the act was committed with the intent to cause substantial emotional or bodily
pain;
(c) if the victim is over 14 years of age; or
(d) if the juvenile is before the court pursuant to Section 
78A-6-701
, 
78A-6-702
, or
78A-6-703
.
(5) Subsection 
76-5-406
(9) does not apply to conduct petitioned under this section.
Section 3. Section 
77-2-9
 is amended to read:
77-2-9.
Offenses ineligible for diversion.
(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate
for:
(a) a capital felony;
(b) a felony in the first degree;
(c) any case involving a sexual offense against a victim who is under the age of 14;
(d) any motor vehicle related offense involving alcohol or drugs;
(e) any case involving using a motor vehicle in the commission of a felony;
(f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
license;
(g) any case involving operating a commercial motor vehicle in a negligent manner
causing the death of another including the offenses of:
(i) manslaughter under Section 
76-5-205
; or
(ii) negligent homicide under Section 
76-5-206
; or
(h) a crime of domestic violence as defined in Section 
77-36-1
.
(2) When a person [
under the age of 16
] is alleged to have committed any violation of
Title 76, Chapter 5, Part 4, Sexual Offenses
, while under the age of 18
, the court may enter a
diversion in the matter if the court enters on the record its findings that:
(a) unless the offenses are before the court pursuant to Section 
78A-6-701
, 
78A-6-702
,
or 
78A-6-703
, the offenses could have been adjudicated in juvenile court but for the delayed
reporting or delayed filing of the information in district court;
[
(a)
] 
(b)
 the person did not use coercion or force;
[
(b)
] 
(c)
 there is no more than [
two
] 
three
 years' difference between the ages of the
participants; and
[
(c)
] 
(d)
 it would be in the best interest of the person to grant diversion.
Legislative Review Note
Office of Legislative Research and General Counsel