Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 156 First Substitute (2022GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• expands sexual extortion to include extortion for money or other valuables.

Every vote on this bill

Bill text

PROTECTION AGAINST EXTORTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Stephen L. Whyte
LONG TITLE
General Description:
This bill expands sexual extortion to include the extortion of items of value.
Highlighted Provisions:
This bill:
▸ expands sexual extortion to include extortion for money or other valuables.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
76-5b-204
, as enacted by Laws of Utah 2017, Chapter 434
Utah Code Sections Affected by Coordination Clause:
76-5b-204
, as enacted by Laws of Utah 2017, Chapter 434
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-5b-204
 is amended to read:
76-5b-204.
Sexual extortion -- Penalties.
(1) As used in this section:
(a) "Adult" means an individual 18 years of age or older.
(b) "Child" means any individual under the age of 18.
(c) "Distribute" means the same as that term is defined in Section 
76-5b-203
.
(d) "Intimate image" means the same as that term is defined in Section 
76-5b-203
.
(e) "Position of special trust" means the same as that term is defined in Section
76-5-401.1
.
(f) "Sexually explicit conduct" means the same as that term is defined in Subsection
76-5b-203
(1)(c).
(g) "Simulated sexually explicit conduct" means the same as that term is defined in
Section 
76-5b-203
.
(h) "Vulnerable adult" means the same as that term is defined in Section 
76-5-111
.
(2) An [
individual who is 18 years old or older
] 
actor
 commits the offense of sexual
extortion if the [
individual
] 
actor
:
(a) with an intent to coerce a victim to engage in sexual contact, in sexually explicit
conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an
image, video, or other recording of any individual naked or engaged in sexually explicit
conduct, communicates [
in person or by electronic
] 
by any
 means
,
 a threat:
(i) to the victim's person, property, or reputation; or
(ii) to distribute an intimate image or video of the victim; [
or
]
(b) knowingly causes a victim to engage in sexual contact, in sexually explicit conduct,
or in simulated sexually explicit conduct, or to produce, provide, or distribute any image,
video, or other recording of any individual naked or engaged in sexually explicit conduct by
means of a threat:
(i) to the victim's person, property, or reputation; or
(ii) to distribute an intimate image or video of the victim
; or
(c) with the intent to obtain a thing of value from a victim communicates, by any
means, a threat to distribute an intimate image or video of the victim
.
(3) (a) If the actor is an adult:
[
(3) (a)
] 
(i)
 [
Sexual
] 
sexual
 extortion is a third degree felony.
[
(b)
] 
(ii)
 [
Aggravated
] 
aggravated
 sexual extortion of an adult is a second degree
felony.
[
(c)
] 
(iii)
 [
Aggravated
] 
aggravated
 sexual extortion of a child or a vulnerable adult is a
first degree felony.
(b) If the actor is a child:
(i) sexual extortion is a class A misdemeanor.
(ii) aggravated sexual extortion is a third degree felony.
(iii) aggravated sexual extortion of a victim under 14 years old is a second degree
felony.
(4) An [
individual
] 
actor
 commits aggravated sexual extortion 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 victim is a child or vulnerable adult;
(b) the offense was committed by the use of a dangerous weapon, as defined in Section
76-1-601
, or by violence, intimidation, menace, fraud, or threat of physical harm, or was
committed during the course of a kidnapping;
(c) the [
individual
] 
actor
 caused bodily injury or severe psychological injury to the
victim during or as a result of the offense;
(d) the [
individual
] 
actor
 was a stranger to the victim or became a friend of the victim
for the purpose of committing the offense;
(e) the [
individual
] 
actor
, before sentencing for the offense, was previously convicted
of any sexual offense;
(f) the [
individual
] 
actor
 occupied a position of special trust in relation to the victim;
(g) the [
individual
] 
actor
 encouraged, aided, allowed, or benefitted from acts of
prostitution or sexual acts by the victim with any other individual, or sexual performance by the
victim before any other individual, human trafficking, or human smuggling; or
(h) the [
individual
] 
actor
 caused the penetration, however slight, of the genital or anal
opening of the victim by any part or parts of the human body, or by any other object.
(5) An [
individual
] 
actor
 commits a separate offense under this section:
(a) for each victim the individual subjects to the offense outlined in Subsection (2); and
(b) for each separate time the individual subjects a victim to the offense outlined
Subsection (2).
(6) This section does not preclude an [
individual
] 
actor
 from being charged and
convicted of a separate criminal act if the [
individual
] 
actor
 commits the separate criminal act
while the [
individual
] 
actor
 violates or attempts to violate this section.
(7) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
liability under this section related to content provided by a user of the interactive computer
service.
Section 2. 
 Coordinating S.B. 156 with S.B. 123 -- Technical amendment.
If this S.B. 156 and S.B. 123, Criminal Code Recodification, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel, when preparing the database for publication, merge Section 
76-5b-204
 to read as
follows:
"
76-5b-204. Sexual extortion -- Penalties.
(1) 
(a)
 As used in this section:
[
(a)
] 
(i)
 "Adult" means an individual 18 years of age or older.
[
(b)
] 
(ii)
 "Child" means any individual under the age of 18.
[
(c)
] 
(iii)
 "Distribute" means the same as that term is defined in Section 
76-5b-203
.
[
(d)
] 
(iv)
 "Intimate image" means the same as that term is defined in Section
76-5b-203
.
[
(e)
] 
(v)
 "Position of special trust" means the same as that term is defined in Section
[
76-5-401.1
] 
76-5-404.1
.
[
(f)
] 
(vi)
 "Sexually explicit conduct" means the same as that term is defined in
[
Subsection 
76-5b-203
(1)(c)
] 
Section 
76-5b-203
.
[
(g)
] 
(vii)
 "Simulated sexually explicit conduct" means the same as that term is defined
in Section 
76-5b-203
.
[
(h)
] 
(viii)
 "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) 
(a)
 An [
individual who is 18 years old or older
] 
actor
 commits the offense of sexual
extortion if the [
individual
] 
actor
:
[
(a)
] 
(i)
 with an intent to coerce a victim to engage in sexual contact, in sexually
explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute
an image, video, or other recording of any individual naked or engaged in sexually explicit
conduct, communicates [
in person or by electronic
] 
by any
 means a threat:
[
(i)
] 
(A)
 to the victim's person, property, or reputation; or
[
(ii)
] 
(B)
 to distribute an intimate image or video of the victim; [
or
]
[
(b)
] 
(ii)
 knowingly causes a victim to engage in sexual contact, in sexually explicit
conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any
image, video, or other recording of any individual naked or engaged in sexually explicit
conduct by means of a threat:
[
(i)
] 
(A)
 to the victim's person, property, or reputation; or
[
(ii)
] 
(B)
 to distribute an intimate image or video of the victim[
.
]
; or
(iii) with intent to obtain a thing of value from a victim communicates, by any means, a
threat to distribute an intimate image or video of the victim.
(b) An actor commits aggravated sexual extortion when, in conjunction with the
offense described in Subsection (2)(a), any of the following circumstances have been charged
and admitted or found true in the action for the offense:
(i) the victim is a child or vulnerable adult;
(ii) the offense was committed by the use of a dangerous weapon or by violence,
intimidation, menace, fraud, or threat of physical harm, or was committed during the course of
a kidnapping;
(iii) the actor caused bodily injury or severe psychological injury to the victim during
or as a result of the offense;
(iv) the actor was a stranger to the victim or became a friend of the victim for the
purpose of committing the offense;
(v) the actor, before sentencing for the offense, was previously convicted of any sexual
offense;
(vi) the actor occupied a position of special trust in relation to the victim;
(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
sexual acts by the victim with any other individual, or sexual performance by the victim before
any other individual, human trafficking, or human smuggling; or
(viii) the actor caused the penetration, however slight, of the genital or anal opening of
the victim by any part or parts of the human body, or by any other object.
(3) (a) [
Sexual extortion
] 
If the actor is an adult:
(i) A violation of Subsection (2)(a)
 is a third degree felony.
[
(b)
] 
(ii)
 [
Aggravated sexual extortion of
] 
A violation of Subsection (2)(b) in which the
victim is
 an adult is a second degree felony.
[
(c)
] 
(iii)
 [
Aggravated sexual extortion of
] 
A violation of Subsection (2)(b) in which
the victim is
 a child or a vulnerable adult is a first degree felony.
(b) If the actor is a child:
(i) A violation of Subsection (2)(a) is a class A misdemeanor.
(ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a
two-year age gap between the actor and the victim.
[
(4) An individual commits aggravated sexual extortion 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 victim is a child or vulnerable adult;
]
[
(b) the offense was committed by the use of a dangerous weapon, as defined in
Section 
76-1-601
, or by violence, intimidation, menace, fraud, or threat of physical harm, or
was committed during the course of a kidnapping;
]
[
(c) the individual caused bodily injury or severe psychological injury to the victim
during or as a result of the offense;
]
[
(d) the individual was a stranger to the victim or became a friend of the victim for the
purpose of committing the offense;
]
[
(e) the individual, before sentencing for the offense, was previously convicted of any
sexual offense;
]
[
(f) the individual occupied a position of special trust in relation to the victim;
]
[
(g) the individual encouraged, aided, allowed, or benefitted from acts of prostitution
or sexual acts by the victim with any other individual, or sexual performance by the victim
before any other individual, human trafficking, or human smuggling; or
]
[
(h) the individual caused the penetration, however slight, of the genital or anal
opening of the victim by any part or parts of the human body, or by any other object.
]
[
(5)
] 
(c)
 An [
individual
] 
actor
 commits a separate offense under this section:
[
(a)
] 
(i)
 for each victim the [
individual
] 
actor
 subjects to the offense outlined in
Subsection (2)
(a)
; and
[
(b)
] 
(ii)
 for each separate time the [
individual
] 
actor
 subjects a victim to the offense
outlined Subsection (2)
(a)
.
[
(6)
] 
(d)
 This section does not preclude an [
individual
] 
actor
 from being charged and
convicted of a separate criminal act if the [
individual
] 
actor
 commits the separate criminal act
while the individual violates or attempts to violate this section.
[
(7)
] 
(4)
 An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not
subject to liability under this section related to content provided by a user of the interactive
computer service.
"