Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 167 Third Substitute (2022GS)

Sponsor

Sen. Wilson, C.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definitions;
• modifies the offense of sexual exploitation of a minor;
• creates the offense of aggravated sexual exploitation of a minor;
• imposes minimum prison sentences for the sexual exploitation of a minor under certain conditions;
• adds the offense of aggravated sexual exploitation of a minor to statutes that reference sexual exploitation of a minor, including statutes related to:
• custody and visitation for an individual other than a parent;
• enhancements for offenses committed in concert with three or more persons or in relation to a criminal street gang;
• unlawful distribution of a counterfeit intimate image;
• lewdness involving a child;
• prostitution;
• penalties for repeat and habitual sex offenders;
• the Sex and Kidnap Offender Registry; and
• adoption; and

Every vote on this bill

Bill text

SEXUAL EXPLOITATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: 
____________
LONG TITLE
General Description:
This bill concerns the sexual exploitation of a minor. 
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ modifies the offense of sexual exploitation of a minor;
▸ creates the offense of aggravated sexual exploitation of a minor;
▸ imposes minimum prison sentences for the sexual exploitation of a minor under
certain conditions;
▸ adds the offense of aggravated sexual exploitation of a minor to statutes that
reference sexual exploitation of a minor, including statutes related to:
• custody and visitation for an individual other than a parent;
• enhancements for offenses committed in concert with three or more persons or
in relation to a criminal street gang;
• unlawful distribution of a counterfeit intimate image;
• lewdness involving a child;
• prostitution;
• penalties for repeat and habitual sex offenders;
• the Sex and Kidnap Offender Registry; and
• adoption; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
30-5a-103
, as last amended by Laws of Utah 2021, Chapter 262
31A-21-501
, as last amended by Laws of Utah 2012, Chapters 39 and 303
62A-2-120
, as last amended by Laws of Utah 2021, Chapters 117, 262, and 400
63M-7-502
, as last amended by Laws of Utah 2021, Chapter 260
76-1-302
, as last amended by Laws of Utah 2019, Chapter 216
76-3-203.1
, as last amended by Laws of Utah 2021, First Special Session, Chapter 11
76-3-203.5
, as last amended by Laws of Utah 2013, Chapter 278
76-3-407
, as last amended by Laws of Utah 2011, Chapter 320
76-5b-201
, as last amended by Laws of Utah 2021, Chapter 262
76-5b-205
, as enacted by Laws of Utah 2021, Chapter 134
76-9-702.5
, as last amended by Laws of Utah 2019, Chapter 394
76-10-1302
, as last amended by Laws of Utah 2020, Chapters 108, 214 and last
amended by Coordination Clause, Laws of Utah 2020, Chapter 214
76-10-1602
, as last amended by Laws of Utah 2019, Chapters 200 and 363
77-22-2.5
, as last amended by Laws of Utah 2019, Chapters 382 and 420
77-36-1
, as last amended by Laws of Utah 2021, Chapters 134 and 159
77-41-102
, as last amended by Laws of Utah 2021, Chapter 2 and further amended by
Revisor Instructions, Laws of Utah 2021, First Special Session, Chapter 2
77-41-106
, as last amended by Laws of Utah 2020, Chapter 108
78B-6-117
, as last amended by Laws of Utah 2021, Chapter 262
80-1-102
, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
ENACTS:
76-5b-201.1
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
76-5b-201.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-5a-103
 is amended to read:
30-5a-103.
Custody and visitation for individuals other than a parent.
(1) (a) In accordance with Section 
62A-4a-201
, it is the public policy of this state that a
parent retain the fundamental right and duty to exercise primary control over the care,
supervision, upbringing, and education of the parent's children.
(b) There is a rebuttable presumption that a parent's decisions are in the child's best
interests.
(2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
visitation rights to an individual other than a parent who, by clear and convincing evidence,
establishes that:
(a) the individual has intentionally assumed the role and obligations of a parent;
(b) the individual and the child have formed a substantial emotional bond and created a
parent-child type relationship;
(c) the individual substantially contributed emotionally or financially to the child's well
being;
(d) the assumption of the parental role is not the result of a financially compensated
surrogate care arrangement;
(e) the continuation of the relationship between the individual and the child is in the
child's best interest;
(f) the loss or cessation of the relationship between the individual and the child would
substantially harm the child; and
(g) the parent:
(i) is absent; or
(ii) is found by a court to have abused or neglected the child.
(3) A proceeding under this chapter may be commenced by filing a verified petition, or
petition supported by an affidavit, in the juvenile court if a matter is pending, or in the district
court in the county where the child:
(a) currently resides; or
(b) lived with a parent or an individual other than a parent who acted as a parent within
six months before the commencement of the action.
(4) A proceeding under this chapter may be filed in a pending divorce, parentage
action, or other proceeding, including a proceeding in the juvenile court involving custody of or
visitation with a child.
(5) The petition shall include detailed facts supporting the petitioner's right to file the
petition including the criteria set forth in Subsection (2) and residency information as set forth
in Section 
78B-13-209
.
(6) A proceeding under this chapter may not be filed against a parent who is actively
serving outside the state in any branch of the military.
(7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
the rules of civil procedure on all of the following:
(a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
(b) any individual who has court-ordered custody or visitation rights;
(c) the child's guardian;
(d) the guardian ad litem, if one has been appointed;
(e) an individual or agency that has physical custody of the child or that claims to have
custody or visitation rights; and
(f) any other individual or agency that has previously appeared in any action regarding
custody of or visitation with the child.
(8) The court may order a custody evaluation to be conducted in any action brought
under this chapter.
(9) The court may enter temporary orders in an action brought under this chapter
pending the entry of final orders.
(10) Except as provided in Subsection (11), a court may not grant custody of a child
under this section to an individual who is not the parent of the child and who, before a custody
order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony
involving conduct that constitutes any of the following:
(a) child abuse, as described in Section 
76-5-109
;
(b) child abuse homicide, as described in Section 
76-5-208
;
(c) child kidnapping, as described in Section 
76-5-301.1
;
(d) human trafficking of a child, as described in Section 
76-5-308.5
;
(e) sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f) rape of a child, as described in Section 
76-5-402.1
;
(g) object rape of a child, as described in Section 
76-5-402.3
;
(h) sodomy on a child, as described in Section 
76-5-403.1
;
(i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
Section 
76-5-404.1
;
(j) sexual exploitation of a minor, as described in Section 
76-5b-201
; [
or
]
(k) aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
; or
[
(k)
] 
(l)
 an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (10).
(11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
listed in Subsection (10) that prevents a court from granting custody except as provided in this
Subsection (11).
(b) An individual described in Subsection (10) may only be considered for custody of a
child if the following criteria are met by clear and convincing evidence:
(i) the individual is a relative, as defined in Section 
80-3-102
, of the child;
(ii) at least 10 years have elapsed from the day on which the individual is successfully
released from prison, jail, parole, or probation related to a disqualifying offense;
(iii) during the 10 years before the day on which the individual files a petition with the
court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
an offense greater than an infraction or traffic violation that would likely impact the health,
safety, or well-being of the child;
(iv) the individual can provide evidence of successful treatment or rehabilitation
directly related to the disqualifying offense;
(v) the court determines that the risk related to the disqualifying offense is unlikely to
cause harm, as defined in Section 
80-1-102
, or potential harm to the child currently or at any
time in the future when considering all of the following:
(A) the child's age;
(B) the child's gender;
(C) the child's development;
(D) the nature and seriousness of the disqualifying offense;
(E) the preferences of a child 12 years old or older;
(F) any available assessments, including custody evaluations, parenting assessments,
psychological or mental health assessments, and bonding assessments; and
(G) any other relevant information;
(vi) the individual can provide evidence of the following:
(A) the relationship with the child is of long duration;
(B) that an emotional bond exists with the child; and
(C) that custody by the individual who has committed the disqualifying offense ensures
the best interests of the child are met;
(vii) (A) there is no other responsible relative known to the court who has or likely
could develop an emotional bond with the child and does not have a disqualifying offense; or
(B) if there is a responsible relative known to the court that does not have a
disqualifying offense, Subsection (11)(d) applies; and
(viii) that the continuation of the relationship between the individual with the
disqualifying offense and the child could not be sufficiently maintained through any type of
visitation if custody were given to the relative with no disqualifying offense described in
Subsection (11)(d).
(c) The individual with the disqualifying offense bears the burden of proof regarding
why placement with that individual is in the best interest of the child over another responsible
relative or equally situated individual who does not have a disqualifying offense.
(d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
to the court who does not have a disqualifying offense:
(i) preference for custody is given to a relative who does not have a disqualifying
offense; and
(ii) before the court may place custody with the individual who has the disqualifying
offense over another responsible, willing, and able relative:
(A) an impartial custody evaluation shall be completed; and
(B) a guardian ad litem shall be assigned.
(12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
final decision on custody has not been made and to a case filed on or after March 25, 2017.
Section 2. Section 
31A-21-501
 is amended to read:
31A-21-501.
Definitions.
For purposes of this part:
(1) "Applicant" means:
(a) in the case of an individual life or accident and health policy, the person who seeks
to contract for insurance benefits; or
(b) in the case of a group life or accident and health policy, the proposed certificate
holder.
(2) "Cohabitant" means an emancipated individual pursuant to Section 
15-2-1
 or an
individual who is 16 years [
of age
] 
old
 or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party; or
(e) resides or has resided in the same residence as the other party.
(3) "Child abuse" means the commission or attempt to commit against a child a
criminal offense described in:
(a) Title 76, Chapter 5, Part 1, Assault and Related Offenses;
(b) Title 76, Chapter 5, Part 4, Sexual Offenses;
(c) Section 
76-9-702
, Lewdness;
(d) Section 
76-9-702.1
, Sexual battery; or
(e) Section 
76-9-702.5
, Lewdness involving a child.
(4) "Domestic violence" means any criminal offense involving violence or physical
harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to
commit a criminal offense involving violence or physical harm, when committed by one
cohabitant against another and includes commission or attempt to commit, any of the following
offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) assault, as described in Section 
76-5-102
;
(c) criminal homicide, as described in Section 
76-5-201
;
(d) harassment, as described in Section 
76-5-106
;
(e) electronic communication harassment, as described in Section 
76-9-201
;
(f) kidnaping, child kidnaping, or aggravated kidnaping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g) mayhem, as described in Section 
76-5-105
;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
[
Section 
76-5b-201
] 
Sections 
76-5b-201
 and 
76-5b-201.1
;
(i) stalking, as described in Section 
76-5-106.5
;
(j) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(k) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(l) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section
76-10-507
; or
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
.
(5) "Subject of domestic abuse" means an individual who is, has been, may currently
be, or may have been subject to domestic violence or child abuse.
Section 3. Section 
62A-2-120
 is amended to read:
62A-2-120.
Background check -- Direct access to children or vulnerable adults.
(1) As used in this section:
(a) (i) "Applicant" means:
(A) the same as that term is defined in Section 
62A-2-101
;
(B) an individual who is associated with a licensee and has or will likely have direct
access to a child or a vulnerable adult;
(C) an individual who provides respite care to a foster parent or an adoptive parent on
more than one occasion;
(D) a department contractor;
(E) a guardian submitting an application on behalf of an individual, other than the child
or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
who is receiving services; or
(F) a guardian submitting an application on behalf of an individual, other than the child
or vulnerable adult who is receiving the service, if the individual is 12 years old or older and is
a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
(ii) "Applicant" does not mean an individual, including an adult, who is in the custody
of the Division of Child and Family Services or the Division of Juvenile Justice Services.
(b) "Application" means a background screening application to the office.
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 
53-10-201
.
(d) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child. 
(e) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
by the office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) Except as provided in Subsection (13), an applicant or a representative shall
submit the following to the office:
(i) personal identifying information;
(ii) a fee established by the office under Section 
63J-1-504
; and
(iii) a disclosure form, specified by the office, for consent for:
(A) an initial background check upon submission of the information described under
this Subsection (2)(a);
(B) ongoing monitoring of fingerprints and registries until no longer associated with a
licensee for 90 days;
(C) a background check when the office determines that reasonable cause exists; and
(D) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(d) and (4).
(b) In addition to the requirements described in Subsection (2)(a), if an applicant
resided outside of the United States and its territories during the five years immediately
preceding the day on which the information described in Subsection (2)(a) is submitted to the
office, the office may require the applicant to submit documentation establishing whether the
applicant was convicted of a crime during the time that the applicant resided outside of the
United States or its territories.
(3) The office:
(a) shall perform the following duties as part of a background check of an applicant:
(i) check state and regional criminal background databases for the applicant's criminal
history by:
(A) submitting personal identifying information to the bureau for a search; or
(B) using the applicant's personal identifying information to search state and regional
criminal background databases as authorized under Section 
53-10-108
;
(ii) submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background databases;
(iii) search the Department of Human Services, Division of Child and Family Services'
Licensing Information System described in Section 
62A-4a-1006
;
(iv) search the Department of Human Services, Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section 
62A-3-311.1
;
(v) search the juvenile court records for substantiated findings of severe child abuse or
neglect described in Section 
80-3-404
; and
(vi) search the juvenile court arrest, adjudication, and disposition records, as provided
under Section 
78A-6-209
;
(b) shall conduct a background check of an applicant for an initial background check
upon submission of the information described under Subsection (2)(a);
(c) may conduct all or portions of a background check of an applicant, as provided by
rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
(d) may submit an applicant's personal identifying information, including fingerprints,
to the bureau for checking, retaining, and monitoring of state and national criminal background
databases and for notifying the office of new criminal activity associated with the applicant;
(e) shall track the status of an approved applicant under this section to ensure that an
approved applicant is not required to duplicate the submission of the applicant's fingerprints if
the applicant applies for:
(i) more than one license;
(ii) direct access to a child or a vulnerable adult in more than one human services
program; or
(iii) direct access to a child or a vulnerable adult under a contract with the department;
(f) shall track the status of each license and each individual with direct access to a child
or a vulnerable adult and notify the bureau within 90 days after the day on which the license
expires or the individual's direct access to a child or a vulnerable adult ceases;
(g) shall adopt measures to strictly limit access to personal identifying information
solely to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information the office
reviews under this Subsection (3);
(h) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any individual working in a congregate care program, shall:
(i) search the Department of Human Services, Division of Child and Family Services'
Licensing Information System described in Section 
62A-4a-1006
; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day on which the
applicant submits the information described in Subsection (2)(a) to the office; and
(i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
checks.
(4) (a) With the personal identifying information the office submits to the bureau under
Subsection (3), the bureau shall check against state and regional criminal background databases
for the applicant's criminal history.
(b) With the personal identifying information and fingerprints the office submits to the
bureau under Subsection (3), the bureau shall check against national criminal background
databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal Bureau of
Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification System and latent
prints; and
(ii) monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e) The Bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f) Upon notice from the office that a license has expired or an individual's direct
access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
Investigation Next Generation Identification System.
(5) (a) After conducting the background check described in Subsections (3) and (4), the
office shall deny an application to an applicant who, within three years before the day on which
the applicant submits information to the office under Subsection (2) for a background check,
has been convicted of any of the following, regardless of whether the offense is a felony, a
misdemeanor, or an infraction:
(i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
animals, or bestiality;
(ii) a violation of any pornography law, including sexual exploitation of a minor 
or
aggravated sexual exploitation of a minor
;
(iii) prostitution;
(iv) an offense included in:
(A) Title 76, Chapter 5, Offenses Against the Person;
(B) Section 
76-5b-201
, Sexual Exploitation of a Minor; [
or
]
(C) Section 
76-5b-201.1
, Aggravated Sexual Exploitation of a Minor; or
[
(C)
] 
(D)
 Title 76, Chapter 7, Offenses Against the Family;
(v) aggravated arson, as described in Section 
76-6-103
;
(vi) aggravated burglary, as described in Section 
76-6-203
;
(vii) aggravated robbery, as described in Section 
76-6-302
;
(viii) identity fraud crime, as described in Section 
76-6-1102
; or
(ix) a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
through (viii).
(b) If the office denies an application to an applicant based on a conviction described in
Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
Subsection (6).
(c) If the applicant will be working in a program serving only adults whose only
impairment is a mental health diagnosis, including that of a serious mental health disorder,
with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
do not apply, and the office shall conduct a comprehensive review as described in Subsection
(6).
(6) (a) The office shall conduct a comprehensive review of an applicant's background
check if the applicant:
(i) has an open court case or a conviction for any felony offense, not described in
Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
which the applicant submits the application;
(ii) has an open court case or a conviction for a misdemeanor offense, not described in
Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
on which the applicant submits information to the office under Subsection (2) for a background
check;
(iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
than three years before the day on which the applicant submitted information under Subsection
(2)(a);
(iv) is currently subject to a plea in abeyance or diversion agreement for any offense
described in Subsection (5)(a);
(v) has a listing in the Department of Human Services, Division of Child and Family
Services' Licensing Information System described in Section 
62A-4a-1006
;
(vi) has a listing in the Department of Human Services, Division of Aging and Adult
Services' vulnerable adult abuse, neglect, or exploitation database described in Section
62A-3-311.1
;
(vii) has a record in the juvenile court of a substantiated finding of severe child abuse
or neglect described in Section 
80-3-404
;
(viii) has a record of an adjudication in juvenile court for an act that, if committed by
an adult, would be a felony or misdemeanor, if the applicant is:
(A) under 28 years old; or
(B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
offense described in Subsection (5)(a);
(ix) has a pending charge for an offense described in Subsection (5)(a); or
(x) is an applicant described in Subsection (5)(c).
(b) The comprehensive review described in Subsection (6)(a) shall include an
examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix) any other pertinent information presented to or publicly available to the committee
members.
(c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
office shall deny an application to an applicant if the office finds that approval would likely
create a risk of harm to a child or a vulnerable adult.
(d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
office may not deny an application to an applicant solely because the applicant was convicted
of an offense that occurred 10 or more years before the day on which the applicant submitted
the information required under Subsection (2)(a) if:
(i) the applicant has not committed another misdemeanor or felony offense after the
day on which the conviction occurred; and
(ii) the applicant has never been convicted of an offense described in Subsection
(14)(c).
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules, consistent with this chapter, to establish procedures for the
comprehensive review described in this Subsection (6).
(7) Subject to Subsection (10), the office shall approve an application to an applicant
who is not denied under Subsection (5), (6), or (14).
(8) (a) The office may conditionally approve an application of an applicant, for a
maximum of 60 days after the day on which the office sends written notice to the applicant
under Subsection (12), without requiring that the applicant be directly supervised, if the office:
(i) is awaiting the results of the criminal history search of national criminal background
databases; and
(ii) would otherwise approve an application of the applicant under Subsection (7).
(b) The office may conditionally approve an application of an applicant, for a
maximum of one year after the day on which the office sends written notice to the applicant
under Subsection (12), without requiring that the applicant be directly supervised if the office:
(i) is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise approve an application of the applicant under Subsection (7).
(c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall approve or deny the application of the applicant in
accordance with Subsections (5) through (7).
(9) A licensee or department contractor may not permit an individual to have direct
access to a child or a vulnerable adult unless, subject to Subsection (10):
(a) the individual is associated with the licensee or department contractor and:
(i) the individual's application is approved by the office under this section;
(ii) the individual's application is conditionally approved by the office under
Subsection (8); or
(iii) (A) the individual has submitted the background check information described in
Subsection (2) to the office;
(B) the office has not determined whether to approve the applicant's application; and
(C) the individual is directly supervised by an individual who has a current background
screening approval issued by the office under this section and is associated with the licensee or
department contractor;
(b) (i) the individual is associated with the licensee or department contractor;
(ii) the individual has a current background screening approval issued by the office
under this section;
(iii) one of the following circumstances, that the office has not yet reviewed under
Subsection (6), applies to the individual:
(A) the individual was charged with an offense described in Subsection (5)(a);
(B) the individual is listed in the Licensing Information System, described in Section
62A-4a-1006
;
(C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
database, described in Section 
62A-3-311.1
;
(D) the individual has a record in the juvenile court of a substantiated finding of severe
child abuse or neglect, described in Section 
80-3-404
; or
(E) the individual has a record of an adjudication in juvenile court for an act that, if
committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
or (6); and
(iv) the individual is directly supervised by an individual who:
(A) has a current background screening approval issued by the office under this
section; and
(B) is associated with the licensee or department contractor;
(c) the individual:
(i) is not associated with the licensee or department contractor; and
(ii) is directly supervised by an individual who:
(A) has a current background screening approval issued by the office under this
section; and
(B) is associated with the licensee or department contractor;
(d) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(e) the individual is approved by the parent or guardian of the child, or the guardian of
the vulnerable adult, to have direct access to the child or the vulnerable adult;
(f) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(g) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to provide the
incidental care for the foster child. 
(10) An individual may not have direct access to a child or a vulnerable adult if the
individual is prohibited by court order from having that access.
(11) Notwithstanding any other provision of this section, an individual for whom the
office denies an application may not have direct access to a child or vulnerable adult unless the
office approves a subsequent application by the individual.
(12) (a) Within 30 days after the day on which the office receives the background
check information for an applicant, the office shall give notice of the clearance status to:
(i) the applicant, and the licensee or department contractor, of the office's decision
regarding the background check and findings; and
(ii) the applicant of any convictions and potentially disqualifying charges and
adjudications found in the search.
(b) With the notice described in Subsection (12)(a), the office shall also give the
applicant the details of any comprehensive review conducted under Subsection (6).
(c) If the notice under Subsection (12)(a) states that the applicant's application is
denied, the notice shall further advise the applicant that the applicant may, under Subsection
62A-2-111
(2), request a hearing in the department's Office of Administrative Hearings, to
challenge the office's decision.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules, consistent with this chapter:
(i) defining procedures for the challenge of the office's background check decision
described in Subsection (12)(c); and
(ii) expediting the process for renewal of a license under the requirements of this
section and other applicable sections.
(13) An individual or a department contractor who provides services in an adults only
substance use disorder program, as defined by rule, is exempt from this section. This
exemption does not extend to a program director or a member, as defined by Section
62A-2-108
, of the program. 
(14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
of this section, if the background check of an applicant is being conducted for the purpose of
giving clearance status to an applicant seeking a position in a congregate care program, an
applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
an applicant seeking to provide a prospective adoptive home, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant resided
in the five years immediately preceding the day on which the applicant applied to be a foster
parent or adoptive parent, to determine whether the prospective foster parent or prospective
adoptive parent is listed in the registry as having a substantiated or supported finding of child
abuse or neglect; and
(ii) check the child abuse and neglect registry in each state where each adult living in
the home of the applicant described in Subsection (14)(a)(i) resided in the five years
immediately preceding the day on which the applicant applied to be a foster parent or adoptive
parent, to determine whether the adult is listed in the registry as having a substantiated or
supported finding of child abuse or neglect.
(b) The requirements described in Subsection (14)(a) do not apply to the extent that:
(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 
62A-4a-209
, 
80-3-302
, or 
80-3-303
; or
(B) a relative, other than a noncustodial parent, under Section 
62A-4a-209
, 
80-3-302
,
or 
80-3-303
, pending completion of the background check described in Subsection (5).
(c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
an applicant to become a prospective foster parent, or an applicant to become a prospective
adoptive parent if the applicant has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in Section 
76-5-109
;
(B) commission of domestic violence in the presence of a child, as described in Section
76-5-109.1
;
(C) abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D) endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(E) aggravated murder, as described in Section 
76-5-202
;
(F) murder, as described in Section 
76-5-203
;
(G) manslaughter, as described in Section 
76-5-205
;
(H) child abuse homicide, as described in Section 
76-5-208
;
(I) homicide by assault, as described in Section 
76-5-209
;
(J) kidnapping, as described in Section 
76-5-301
;
(K) child kidnapping, as described in Section 
76-5-301.1
;
(L) aggravated kidnapping, as described in Section 
76-5-302
;
(M) human trafficking of a child, as described in Section 
76-5-308.5
;
(N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(O) sexual exploitation of a minor, as described in Section 
76-5b-201
;
(P) aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
[
(P)
] 
(Q)
 aggravated arson, as described in Section 
76-6-103
;
[
(Q)
] 
(R)
 aggravated burglary, as described in Section 
76-6-203
;
[
(R)
] 
(S)
 aggravated robbery, as described in Section 
76-6-302
; or
[
(S)
] 
(T)
 domestic violence, as described in Section 
77-36-1
; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (14)(c)(i).
(d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
license renewal to a prospective foster parent or a prospective adoptive parent if, within the
five years immediately preceding the day on which the individual's application or license would
otherwise be approved, the applicant was convicted of a felony involving conduct that
constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 
76-5-103
;
(ii) aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii) mayhem, as described in Section 
76-5-105
;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(e) In addition to the circumstances described in Subsection (6)(a), the office shall
conduct the comprehensive review of an applicant's background check pursuant to this section
if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
child abuse and neglect registry of another state as having a substantiated or supported finding
of a severe type of child abuse or neglect as defined in Section 
62A-4a-1002
.
Section 4. Section 
63M-7-502
 is amended to read:
63M-7-502.
Definitions.
As used in this part:
(1) "Accomplice" means an individual who has engaged in criminal conduct as
described in Section 
76-2-202
.
(2) "Board" means the Crime Victim Reparations and Assistance Board created under
Section 
63M-7-504
.
(3) "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
(4) "Claimant" means any of the following claiming reparations under this part:
(a) a victim;
(b) a dependent of a deceased victim; or
(c) an individual or representative who files a reparations claim on behalf of a victim.
(5) "Child" means an unemancipated individual who is under 18 years old.
(6) "Collateral source" means any source of benefits or advantages for economic loss
otherwise reparable under this part that the victim or claimant has received, or that is readily
available to the victim from:
(a) the offender;
(b) the insurance of the offender or the victim;
(c) the United States government or any of its agencies, a state or any of its political
subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
state-funded programs;
(d) social security, Medicare, and Medicaid;
(e) state-required temporary nonoccupational income replacement insurance or
disability income insurance;
(f) workers' compensation;
(g) wage continuation programs of any employer;
(h) proceeds of a contract of insurance payable to the victim for the loss the victim
sustained because of the criminally injurious conduct;
(i) a contract providing prepaid hospital and other health care services or benefits for
disability; or
(j) veteran's benefits, including veteran's hospitalization benefits.
(7) (a) "Criminally injurious conduct" other than acts of war declared or not declared
means conduct that:
(i) is or would be subject to prosecution in this state under Section 
76-1-201
;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the individual engaging in the
conduct possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(c) "Criminally injurious conduct" includes a felony violation of Section 
76-7-101
 and
other conduct leading to the psychological injury of an individual resulting from living in a
setting that involves a bigamous relationship.
(8) (a) "Dependent" means a natural person to whom the victim is wholly or partially
legally responsible for care or support.
(b) "Dependent" includes a child of the victim born after the victim's death.
(9) "Dependent's economic loss" means loss after the victim's death of contributions of
things of economic value to the victim's dependent, not including services the dependent would
have received from the victim if the victim had not suffered the fatal injury, less expenses of
the dependent avoided by reason of victim's death.
(10) "Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those the
decedent would have performed for the victim's benefit if the victim had not suffered the fatal
injury, less expenses of the dependent avoided by reason of the victim's death and not
subtracted in calculating the dependent's economic loss.
(11) "Director" means the director of the office.
(12) "Disposition" means the sentencing or determination of penalty or punishment to
be imposed upon an individual:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency
is made.
(13) (a) "Economic loss" means economic detriment consisting only of allowable
expense, work loss, replacement services loss, and if injury causes death, dependent's economic
loss and dependent's replacement service loss.
(b) "Economic loss" includes economic detriment even if caused by pain and suffering
or physical impairment.
(c) "Economic loss" does not include noneconomic detriment.
(14) "Elderly victim" means an individual 60 years old or older who is a victim.
(15) "Fraudulent claim" means a filed reparations based on material misrepresentation
of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
funds for which the claimant is not eligible.
(16) "Fund" means the Crime Victim Reparations Fund created in Section 
63M-7-526
.
(17) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(18) (a) "Medical examination" means a physical examination necessary to document
criminally injurious conduct.
(b) "Medical examination" does not include mental health evaluations for the
prosecution and investigation of a crime.
(19) "Mental health counseling" means outpatient and inpatient counseling necessitated
as a result of criminally injurious conduct, is subject to rules made by the board in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(20) "Misconduct" means conduct by the victim that was attributable to the injury or
death of the victim as provided by rules made by the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(21) "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this part.
(22) "Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this part.
(23) "Offender" means an individual who has violated Title 76, Utah Criminal Code,
through criminally injurious conduct regardless of whether the individual is arrested,
prosecuted, or convicted.
(24) "Offense" means a violation of Title 76, Utah Criminal Code.
(25) "Office" means the director, the reparations and assistance officers, and any other
staff employed for the purpose of carrying out the provisions of this part.
(26) "Perpetrator" means the individual who actually participated in the criminally
injurious conduct.
(27) "Reparations award" means money or other benefits provided to a claimant or to
another on behalf of a claimant after the day on which a reparations claim is approved by the
office.
(28) "Reparations claim" means a claimant's request or application made to the office
for a reparations award.
(29) (a) "Reparations officer" means an individual employed by the office to
investigate claims of victims and award reparations under this part.
(b) "Reparations officer" includes the director when the director is acting as a
reparations officer.
(30) "Replacement service loss" means expenses reasonably and necessarily incurred in
obtaining ordinary and necessary services in lieu of those the injured individual would have
performed, not for income but the benefit of the injured individual or the injured individual's
dependents if the injured individual had not been injured.
(31) (a) "Representative" means the victim, immediate family member, legal guardian,
attorney, conservator, executor, or an heir of an individual.
(b) "Representative" does not include a service provider or collateral source.
(32) "Restitution" means the same as that term is defined in Section 
77-38b-102
.
(33) "Secondary victim" means an individual who is traumatically affected by the
criminally injurious conduct subject to rules made by the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(34) "Service provider" means an individual or agency who provides a service to a
victim for a monetary fee, except attorneys as provided in Section 
63M-7-524
.
(35) "Serious bodily injury" means the same as that term is defined in Section
76-1-601
.
(36) "Substantial bodily injury" means the same as that term is defined in Section
76-1-601
.
(37) (a) "Victim" means an individual who suffers bodily or psychological injury or
death as a direct result of:
(i) criminally injurious conduct; or
(ii) the production of pornography in violation of Section 
76-5b-201
or 
76-5b-201.1
 if
the individual is a minor.
(b) "Victim" does not include an individual who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) "Victim" includes a resident of this state who is injured or killed by an act of
terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
(38) "Work loss" means loss of income from work the injured victim would have
performed if the injured victim had not been injured and expenses reasonably incurred by the
injured victim in obtaining services in lieu of those the injured victim would have performed
for income, reduced by any income from substitute work the injured victim was capable of
performing but unreasonably failed to undertake.
Section 5. Section 
76-1-302
 is amended to read:
76-1-302.
Time limitations for prosecution of offenses -- Provisions if DNA
evidence would identify the defendant -- Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced within four years after it is
committed, except that prosecution for:
(i) forcible sexual abuse shall be commenced within eight years after the offense is
committed, if within four years after its commission the offense is reported to a law
enforcement agency; and
(ii) incest shall be commenced within eight years after the offense is committed, if
within four years after its commission the offense is reported to a law enforcement agency;
(b) a misdemeanor other than negligent homicide shall be commenced within two years
after it is committed; and
(c) any infraction shall be commenced within one year after it is committed.
(2) (a) Notwithstanding Subsection (1), prosecution for the offenses listed in
Subsections 
76-3-203.5
(1)(c)(i)(A) through [
(BB)
] 
(CC)
 may be commenced at any time if the
identity of the person who committed the crime is unknown but DNA evidence is collected that
would identify the person at a later date.
(b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of
May 5, 2003, and no charges have been filed.
(3) If the statute of limitations would have run but for the provisions of Subsection (2)
and identification of a perpetrator is made through DNA, a prosecution shall be commenced
within four years of confirmation of the identity of the perpetrator.
(4) A prosecution is commenced upon:
(a) the finding and filing of an indictment by a grand jury;
(b) the filing of a complaint or information; or
(c) the issuance of a citation.
Section 6. Section 
76-3-203.1
 is amended to read:
76-3-203.1.
Offenses committed in concert with three or more persons or in
relation to a criminal street gang -- Notice -- Enhanced penalties.
(1) As used in this section:
(a) "Criminal street gang" means the same as that term is defined in Section 
76-9-802
.
(b) "In concert with three or more persons" means:
(i) the defendant was aided or encouraged by at least three other persons in committing
the offense and was aware of this aid or encouragement; and
(ii) each of the other persons:
(A) was physically present; and
(B) participated as a party to any offense listed in Subsection (4), (5), or (6).
(c) "In concert with three or more persons" means, regarding intent:
(i) other persons participating as parties need not have the intent to engage in the same
offense or degree of offense as the defendant; and
(ii) a minor is a party if the minor's actions would cause the minor to be a party if the
minor were an adult.
(2) A person who commits any offense in accordance with this section is subject to an
enhanced penalty as provided in Subsection (4), (5), or (6) if the trier of fact finds beyond a
reasonable doubt that the person acted:
(a) in concert with three or more persons;
(b) for the benefit of, at the direction of, or in association with any criminal street gang
as defined in Section 
76-9-802
; or
(c) to gain recognition, acceptance, membership, or increased status with a criminal
street gang as defined in Section 
76-9-802
.
(3) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to
be subscribed upon the information or indictment notice that the defendant is subject to the
enhanced penalties provided under this section.
(4) (a) For an offense listed in Subsection (4)(b), a person may be charged as follows:
(i) for a class B misdemeanor, as a class A misdemeanor; and
(ii) for a class A misdemeanor, as a third degree felony.
(b) The following offenses are subject to Subsection (4)(a):
(i) criminal mischief as defined in Section 
76-6-106
; and
(ii) graffiti as defined in Section 
76-6-107
.
(5) (a) For an offense listed in Subsection (5)(b), a person may be charged as follows:
(i) for a class B misdemeanor, as a class A misdemeanor;
(ii) for a class A misdemeanor, as a third degree felony; and
(iii) for a third degree felony, as a second degree felony.
(b) The following offenses are subject to Subsection (5)(a):
(i) burglary, if committed in a dwelling as defined in Subsection 
76-6-202
(2);
(ii) any offense of obstructing government operations under [
Title 76,
] Chapter 8, Part
3, Obstructing Governmental Operations, except Sections 
76-8-302
, 
76-8-303
, 
76-8-307
,
76-8-308
, and 
76-8-312
;
(iii) tampering with a witness or other violation of Section 
76-8-508
;
(iv) retaliation against a witness, victim, informant, or other violation of Section
76-8-508.3
;
(v) extortion or bribery to dismiss a criminal proceeding as defined in Section
76-8-509
;
(vi) any weapons offense under[
 Title 76,
] Chapter 10, Part 5, Weapons; and
(vii) any violation of [
Title 76,
] Chapter 10, Part 16, Pattern of Unlawful Activity Act.
(6) (a) For an offense listed in Subsection (6)(b), a person may be charged as follows:
(i) for a class B misdemeanor, as a class A misdemeanor;
(ii) for a class A misdemeanor, as a third degree felony;
(iii) for a third degree felony, as a second degree felony; and
(iv) for a second degree felony, as a first degree felony.
(b) The following offenses are subject to Subsection (6)(a):
(i) assault and related offenses under [
Title 76,
] Chapter 5, Part 1, Assault and Related
Offenses;
(ii) any criminal homicide offense under [
Title 76,
] Chapter 5, Part 2, Criminal
Homicide;
(iii) kidnapping and related offenses under [
Title 76,
] Chapter 5, Part 3, Kidnapping,
Trafficking, and Smuggling;
(iv) any felony sexual offense under [
Title 76,
] Chapter 5, Part 4, Sexual Offenses;
(v) sexual exploitation of a minor as defined in Section 
76-5b-201
;
(vi) aggravated sexual exploitation of a minor as defined in Section 
76-5b-201.1
;
[
(vi)
] 
(vii)
 robbery and aggravated robbery under [
Title 76,
] Chapter 6, Part 3,
Robbery; and
[
(vii)
] 
(viii)
 aggravated exploitation of prostitution under Section 
76-10-1306
.
(7) The sentence imposed under Subsection (4), (5), or (6) may be suspended and the
individual placed on probation for the higher level of offense.
(8) It is not a bar to imposing the enhanced penalties under this section that the persons
with whom the actor is alleged to have acted in concert are not identified, apprehended,
charged, or convicted, or that any of those persons are charged with or convicted of a different
or lesser offense.
Section 7. Section 
76-3-203.5
 is amended to read:
76-3-203.5.
Habitual violent offender -- Definition -- Procedure -- Penalty.
(1) As used in this section:
(a) "Felony" means any violation of a criminal statute of the state, any other state, the
United States, or any district, possession, or territory of the United States for which the
maximum punishment the offender may be subjected to exceeds one year in prison.
(b) "Habitual violent offender" means a person convicted within the state of any violent
felony and who on at least two previous occasions has been convicted of a violent felony and
committed to either prison in Utah or an equivalent correctional institution of another state or
of the United States either at initial sentencing or after revocation of probation.
(c) "Violent felony" means:
(i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
any of the following offenses punishable as a felony:
(A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
[
Title 76,
] Chapter 6, Part 1, Property Destruction;
(B) assault by prisoner, Section 
76-5-102.5
;
(C) disarming a police officer, Section 
76-5-102.8
;
(D) aggravated assault, Section 
76-5-103
;
(E) aggravated assault by prisoner, Section 
76-5-103.5
;
(F) mayhem, Section 
76-5-105
;
(G) stalking, Subsection 
76-5-106.5
(2) or (3);
(H) threat of terrorism, Section 
76-5-107.3
;
(I) child abuse, Subsection 
76-5-109
(2)(a) or (b);
(J) commission of domestic violence in the presence of a child, Section 
76-5-109.1
;
(K) abuse or neglect of a child with a disability, Section 
76-5-110
;
(L) abuse, neglect, or exploitation of a vulnerable adult, Section 
76-5-111
;
(M) endangerment of a child or vulnerable adult, Section 
76-5-112.5
;
(N) criminal homicide offenses under [
Title 76,
] Chapter 5, Part 2, Criminal Homicide;
(O) kidnapping, child kidnapping, and aggravated kidnapping under [
Title 76,
] Chapter
5, Part 3, Kidnapping, Trafficking, and Smuggling;
(P) rape, Section 
76-5-402
;
(Q) rape of a child, Section 
76-5-402.1
;
(R) object rape, Section 
76-5-402.2
;
(S) object rape of a child, Section 
76-5-402.3
;
(T) forcible sodomy, Section 
76-5-403
;
(U) sodomy on a child, Section 
76-5-403.1
;
(V) forcible sexual abuse, Section 
76-5-404
;
(W) aggravated sexual abuse of a child or sexual abuse of a child, Section 
76-5-404.1
;
(X) aggravated sexual assault, Section 
76-5-405
;
(Y) sexual exploitation of a minor, Section 
76-5b-201
;
(Z) aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
[
(Z)
] 
(AA)
 sexual exploitation of a vulnerable adult, Section 
76-5b-202
;
[
(AA)
] 
(BB)
 aggravated burglary and burglary of a dwelling under [
Title 76,
] Chapter
6, Part 2, Burglary and Criminal Trespass;
[
(BB)
] 
(CC)
 aggravated robbery and robbery under Title 76, Chapter 6, Part 3,
Robbery;
[
(CC)
] 
(DD)
 theft by extortion under Subsection 
76-6-406
(2)(a) or (b);
[
(DD)
] 
(EE)
 tampering with a witness under Subsection 
76-8-508
(1);
[
(EE)
] 
(FF)
 retaliation against a witness, victim, or informant under Section
76-8-508.3
;
[
(FF)
] 
(GG)
 tampering with a juror under Subsection 
76-8-508.5
(2)(c);
[
(GG)
] 
(HH)
 extortion to dismiss a criminal proceeding under Section 
76-8-509
 if by
any threat or by use of force theft by extortion has been committed pursuant to Subsections
76-6-406
(2)(a), (b), and (i);
[
(HH)
] 
(II)
 possession, use, or removal of explosive, chemical, or incendiary devices
under Subsections 
76-10-306
(3) through (6);
[
(II)
] 
(JJ)
 unlawful delivery of explosive, chemical, or incendiary devices under
Section 
76-10-307
;
[
(JJ)
] 
(KK)
 purchase or possession of a dangerous weapon or handgun by a restricted
person under Section 
76-10-503
;
[
(KK)
] 
(LL)
 unlawful discharge of a firearm under Section 
76-10-508
;
[
(LL)
] 
(MM)
 aggravated exploitation of prostitution under Subsection
76-10-1306
(1)(a);
[
(MM)
] 
(NN)
 bus hijacking under Section 
76-10-1504
; and
[
(NN)
] 
(OO)
 discharging firearms and hurling missiles under Section 
76-10-1505
; or
(ii) any felony violation of a criminal statute of any other state, the United States, or
any district, possession, or territory of the United States which would constitute a violent
felony as defined in this Subsection (1) if committed in this state.
(2) If a person is convicted in this state of a violent felony by plea or by verdict and the
trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
under this section, the penalty for a:
(a) third degree felony is as if the conviction were for a first degree felony;
(b) second degree felony is as if the conviction were for a first degree felony; or
(c) first degree felony remains the penalty for a first degree penalty except:
(i) the convicted person is not eligible for probation; and
(ii) the Board of Pardons and Parole shall consider that the convicted person is a
habitual violent offender as an aggravating factor in determining the length of incarceration.
(3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
provide notice in the information or indictment that the defendant is subject to punishment as a
habitual violent offender under this section. Notice shall include the case number, court, and
date of conviction or commitment of any case relied upon by the prosecution.
(b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
intends to deny that:
(A) the defendant is the person who was convicted or committed;
(B) the defendant was represented by counsel or had waived counsel; or
(C) the defendant's plea was understandingly or voluntarily entered.
(ii) The notice of denial shall be served not later than five days prior to trial and shall
state in detail the defendant's contention regarding the previous conviction and commitment.
(4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
of the:
(i) defendant's previous convictions for violent felonies, except as otherwise provided
in the Utah Rules of Evidence; or
(ii) allegation against the defendant of being a habitual violent offender.
(b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
being an habitual violent offender by the same jury, if practicable, unless the defendant waives
the jury, in which case the allegation shall be tried immediately to the court.
(c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
applies.
(ii) The trier of fact shall consider any evidence presented at trial and the prosecution
and the defendant shall be afforded an opportunity to present any necessary additional
evidence.
(iii) Before sentencing under this section, the trier of fact shall determine whether this
section is applicable beyond a reasonable doubt.
(d) If any previous conviction and commitment is based upon a plea of guilty or no
contest, there is a rebuttable presumption that the conviction and commitment were regular and
lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
to establish by a preponderance of the evidence that the defendant was then represented by
counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
was understandingly and voluntarily entered.
(e) If the trier of fact finds this section applicable, the court shall enter that specific
finding on the record and shall indicate in the order of judgment and commitment that the
defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
under this section.
(5) (a) The sentencing enhancement provisions of Section 
76-3-407
 supersede the
provisions of this section.
(b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
Subsection (1)(c) shall include any felony sexual offense violation of [
Title 76,
] Chapter 5, Part
4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
(6) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 
76-5-301.1
;
(iii) aggravated kidnapping, Section 
76-5-302
; or
(iv) forcible sexual abuse, Section 
76-5-404
; and
(b) applying the sentencing enhancement provided for in this section would result in a
lower maximum penalty than the penalty provided for under the section that describes the
offense for which the person is being sentenced.
Section 8. Section 
76-3-407
 is amended to read:
76-3-407.
Repeat and habitual sex offenders -- Additional prison term for prior
felony convictions.
(1) As used in this section:
(a) "Prior sexual offense" means:
(i) a felony offense described in [
Title 76,
] Chapter 5, Part 4, Sexual Offenses;
(ii) sexual exploitation of a minor, Section 
76-5b-201
;
(iii) aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
[
(iii)
] 
(iv)
 a felony offense of enticing a minor over the Internet, Section 
76-4-401
;
[
(iv)
] 
(v)
 a felony attempt to commit an offense described in Subsections (1)(a)(i)
through [
(iii)
] 
(iv)
; or
[
(v)
] 
(vi)
 an offense in another state, territory, or district of the United States that, if
committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through
[
(iv)
] 
(v)
.
(b) "Sexual offense" means:
(i) an offense that is a felony of the second or third degree, or an attempted offense,
which attempt is a felony of the second or third degree, described in [
Title 76,
] Chapter 5, Part
4, Sexual Offenses;
(ii) sexual exploitation of a minor, Section 
76-5b-201
;
(iii) aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
[
(iii)
] 
(iv)
 a felony offense of enticing a minor over the Internet, Section 
76-4-401
;
[
(iv)
] 
(v)
 a felony attempt to commit an offense described in [
Subsection (1)(b)(ii) or
(iii)
] 
Subsections (1)(b)(ii) through (iv)
; or
[
(v)
] 
(vi)
 an offense in another state, territory, or district of the United States that, if
committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through
[
(iv)
] 
(v)
.
(2) Notwithstanding any other provision of law, the maximum penalty for a sexual
offense is increased by five years for each conviction of the defendant for a prior sexual offense
that arose from a separate criminal episode, if the trier of fact finds that:
(a) the defendant was convicted of a prior sexual offense; and
(b) the defendant was convicted of the prior sexual offense described in Subsection
(2)(a) before the defendant was convicted of the sexual offense for which the defendant is
being sentenced.
(3) The increased maximum term described in Subsection (2) shall be in addition to,
and consecutive to, any other prison term served by the defendant.
Section 9. Section 
76-5b-201
 is amended to read:
76-5b-201.
Sexual exploitation of a minor -- Offenses.
[
(1) A person is guilty of sexual exploitation of a minor:
]
[
(a) when the person:
]
[
(i) knowingly produces, possesses, or possesses with intent to distribute child
pornography; or
]
[
(ii) intentionally distributes or views child pornography; or
]
[
(b) if the person is a minor's parent or legal guardian and knowingly consents to or
permits the minor to be sexually exploited as described in Subsection (1)(a).
]
[
(2) (a) Except as provided in Subsection (2)(b), sexual exploitation of a minor is a
second degree felony.
]
[
(b) A violation of Subsection (1) for knowingly producing child pornography is a first
degree felony if the person produces original child pornography depicting a first degree felony
that involves:
]
[
(i) the person or another person engaging in conduct with the minor that is a violation
of:
]
[
(A) Section 
76-5-402.1
, rape of a child;
]
[
(B) Section 
76-5-402.3
, object rape of a child;
]
[
(C) Section 
76-5-403.1
, sodomy on a child; or
]
[
(D) Section 
76-5-404.1
, aggravated sexual abuse of a child; or
]
[
(ii) the minor being physically abused, as defined in Section 
80-1-102
.
]
(1) An actor commits sexual exploitation of a minor when the actor knowingly
possesses or intentionally views child pornography.
(2) A violation of Subsection (1) is a second degree felony.
(3) It is a separate offense under this section:
(a) for each minor depicted in the child pornography; and
(b) for each time the same minor is depicted in different child pornography.
(4) (a) It is an affirmative defense to a charge of violating this section that no minor
was actually depicted in the visual depiction or used in producing or advertising the visual
depiction.
(b) For a charge of violating this section [
for knowingly possessing or intentionally
viewing child pornography
], it is an affirmative defense that:
(i) the defendant:
(A) did not solicit the child pornography from the minor depicted in the child
pornography;
(B) is not more than two years older than the minor depicted in the child pornography;
and
(C) upon request of a law enforcement agent or the minor depicted in the child
pornography, removes from an electronic device or destroys the child pornography and all
copies of the child pornography in the defendant's possession; and
(ii) the child pornography does not depict an offense under [
Title 76,
] Chapter 5, Part
4, Sexual Offenses.
(5) In proving a violation of this section in relation to an identifiable minor, proof of
the actual identity of the identifiable minor is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of child pornography
on tangible or intangible property, or of detecting and reporting the presence of child
pornography on the property;
(b) a law enforcement officer acting within the scope of a criminal investigation;
(c) an employee of a court who may be required to view child pornography during the
course of and within the scope of the employee's employment;
(d) a juror who may be required to view child pornography during the course of the
individual's service as a juror;
(e) an attorney or employee of an attorney who is required to view child pornography
during the course of a judicial process and while acting within the scope of employment;
(f) an employee of the Department of Human Services who is required to view child
pornography within the scope of the employee's employment; or
(g) an attorney who is required to view child pornography within the scope of the
attorney's responsibility to represent the Department of Human Services, including the
divisions and offices within the Department of Human Services.
Section 10. Section 
76-5b-201.1
 is enacted to read:
 76-5b-201.1.
Aggravated sexual exploitation of a minor.
(1) As used in this section, "physical abuse" or "physically abused" means the same as
the term "physical abuse" is defined in Section 
80-1-102
.
(2) An actor commits aggravated sexual exploitation of a minor if the actor:
(a) knowingly distributes or possesses with the intent to distribute child pornography;
(b) knowingly produces child pornography;
(c) is the minor's parent or legal guardian and knowingly consents to or permits the
minor to be sexually exploited as described in Subsection (2)(a) or (b) or Section 
76-5b-201
;
(d) intentionally possesses or views child pornography that depicts a minor who is:
(i) prepubescent; or
(ii) under 14 years old;
(e) knowingly possesses or intentionally views:
(i) 500 or more images, photographs, or pictures of child pornography; or
(ii) 25 or more recorded or streamed videos or live performances of child pornography;
or
(f) having been previously convicted of a grievous sexual offense, commits a violation
of Section 
76-5b-201
, sexual exploitation of a minor.
(3) (a) A violation of Subsection (2) is a first degree felony.
(b) When sentencing an actor for a violation of Subsection (2)(b), the sentencing court
shall impose a sentence of imprisonment of at least five years and which may be for life if the
child pornography produced by the actor in violation of Subsection (2)(b):
(i) is child pornography created by the actor; and
(ii) depicts:
(A) a first degree felony that involves the minor being physically abused; or
(B) the actor or another individual engaging in conduct with the minor that is a
violation of Section 
76-5-404.1
, sexual abuse of a child.
(c) Notwithstanding Subsection (3)(b), when sentencing an actor for a violation of
Subsection (2)(b), the sentencing court shall impose a sentence of imprisonment of at least 15
years and which may be for life if the child pornography produced by the actor in violation of
Subsection (2)(b):
(i) is child pornography created by the actor; and
(ii) depicts the actor or another individual engaging in conduct with the minor that is a
violation of Section 
76-5-404.1
, aggravated sexual abuse of a child.
(d) Notwithstanding Subsections (3)(b) and (c), when sentencing an actor for a
violation of Subsection (2)(b), the sentencing court shall impose a sentence of imprisonment of
at least 25 years and which may be for life if the child pornography produced by the actor in
violation of Subsection (2)(b):
(i) is child pornography created by the actor; and
(ii) depicts a first degree felony that involves the actor or another individual engaging
in conduct with the minor that is a violation of:
(A) Section 
76-5-402.1
, rape of a child;
(B) Section 
76-5-402.3
, object rape of a child; or
(C) Section 
76-5-403.1
, sodomy on a child.
(e) When sentencing an actor for a violation of Subsection (2)(c) or (f), the sentencing
court shall impose a sentence of imprisonment of at least three years and which may be for life.
(4) It is a separate offense under this section:
(a) for each minor depicted in the child pornography; and
(b) for each time the same minor is depicted in different child pornography.
(5) (a) It is an affirmative defense to a charge of violating this section that no minor
was actually depicted in the visual depiction or used in producing or advertising the visual
depiction.
(b) In proving a violation of this section in relation to an identifiable minor, proof of
the actual identity of the identifiable minor is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of child pornography
on tangible or intangible property, or of detecting and reporting the presence of child
pornography on the property;
(b) a law enforcement officer acting within the scope of a criminal investigation;
(c) an employee of a court who may be required to view child pornography during the
course of and within the scope of the employee's employment;
(d) a juror who may be required to view child pornography during the course of the
individual's service as a juror;
(e) an attorney or employee of an attorney who is required to view child pornography
during the course of a judicial process and while acting within the scope of employment;
(f) an employee of the Department of Human Services who is required to view child
pornography within the scope of the employee's employment; or
(g) an attorney who is required to view child pornography within the scope of the
attorney's responsibility to represent the Department of Human Services, including the
divisions and offices within the Department of Human Services.
Section 11. Section 
76-5b-205
 is amended to read:
76-5b-205.
Unlawful distribution of a counterfeit intimate image -- Penalty.
(1) As used in this section:
(a) "Child" means an individual under the age of 18.
(b) "Counterfeit intimate image" means any visual depiction, photograph, film, video,
recording, picture, or computer or computer-generated image or picture, whether made or
produced by electronic, mechanical, or other means, that has been edited, manipulated, or
altered to depict the likeness of an identifiable individual and purports to, or is made to appear
to, depict that individual's:
(i) exposed human male or female genitals or pubic area, with less than an opaque
covering;
(ii) a female breast with less than an opaque covering, or any portion of the female
breast below the top of the areola; or
(iii) the individual engaged in any sexually explicit conduct or simulated sexually
explicit conduct.
(c) "Distribute" means the same as that term is defined in Section 
76-5b-203
.
(d) "Sexually explicit conduct" means the same as that term is defined in Section
76-5b-203
.
(e) "Simulated sexually explicit conduct" means the same as that term is defined in
Section 
76-5b-203
.
(2) An actor commits the offense of unlawful distribution of a counterfeit intimate
image if the actor knowingly or intentionally distributes a counterfeit intimate image that the
actor knows or should reasonably know would cause a reasonable person to suffer emotional or
physical distress or harm, if:
(a) the actor has not received consent from the depicted individual to distribute the
counterfeit intimate image; and
(b) the counterfeit intimate image was created or provided by the actor without the
knowledge and consent of the depicted individual.
(3) An individual commits aggravated unlawful distribution of a counterfeit intimate
image if, in committing the offense described in Subsection (2), the individual depicted in the
counterfeit intimate image is a child.
(4) This section does not apply to:
(a) (i) lawful practices of law enforcement agencies;
(ii) prosecutorial agency functions;
(iii) the reporting of a criminal offense;
(iv) court proceedings or any other judicial proceeding; or
(v) lawful and generally accepted medical practices and procedures;
(b) a counterfeit intimate image if the individual portrayed in the image voluntarily
allows public exposure of the image;
(c) a counterfeit intimate image that is portrayed in a lawful commercial setting; or
(d) a counterfeit intimate image that is related to a matter of public concern or interest
or protected by the First Amendment to the United States Constitution or Article I, Sections 1
and 15 of the Utah Constitution.
(5) (a) This section does not apply to an Internet service provider or interactive
computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications service,
information service, or mobile service as defined in 47 U.S.C. Sec. 153, including a
commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable operator as defined
in 47 U.S.C. Sec. 522, if:
(i) the distribution of a counterfeit intimate image by the Internet service provider
occurs only incidentally through the provider's function of:
(A) transmitting or routing data from one person to another person; or
(B) providing a connection between one person and another person;
(ii) the provider does not intentionally aid or abet in the distribution of the counterfeit
intimate image; and
(iii) the provider does not knowingly receive from or through a person who distributes
the counterfeit intimate image a fee greater than the fee generally charged by the provider, as a
specific condition for permitting the person to distribute the counterfeit intimate image.
(b) This section does not apply to a hosting company, as defined in Section
76-10-1230
, if:
(i) the distribution of a counterfeit intimate image by the hosting company occurs only
incidentally through the hosting company's function of providing data storage space or data
caching to a person;
(ii) the hosting company does not intentionally engage, aid, or abet in the distribution
of the counterfeit intimate image;
(iii) the hosting company does not knowingly receive from or through a person who
distributes the counterfeit intimate image a fee greater than the fee generally charged by the
provider, as a specific condition for permitting the person to distribute, store, or cache the
counterfeit intimate image; and
(iv) the hosting company immediately removes the counterfeit intimate image upon
notice from a law enforcement agency, prosecutorial agency, or the individual purportedly
depicted in the counterfeit intimate image.
(c) A service provider, as defined in Section 
76-10-1230
, is not negligent under this
section if it complies with Section 
76-10-1231
.
(6) This section does not apply to an actor who engages in conduct that constitutes a
violation of this section to the extent that the actor is chargeable, for the same conduct, under
Section 
76-5b-201
, sexual exploitation of a minor
, or Section 
76-5b-201.1
, aggravated sexual
exploitation of a minor
.
(7) (a) Except as provided in Subsection (7)(b), knowing or intentional unlawful
distribution of a counterfeit intimate image is a class A misdemeanor.
(b) Knowing or intentional unlawful distribution of a counterfeit intimate image is a
third degree felony on a second or subsequent conviction for an offense under this section that
arises from a separate criminal episode as defined in Section 
76-1-401
.
(c) Except as provided in Subsection (7)(d), knowing or intentional aggravated
unlawful distribution of a counterfeit intimate image is a third degree felony.
(d) Knowing or intentional aggravated unlawful distribution of a counterfeit intimate
image is a second degree felony on a second or subsequent conviction for an offense under this
section that arises from a separate criminal episode as defined in Section 
76-1-401
.
Section 12. Section 
76-9-702.5
 is amended to read:
76-9-702.5.
Lewdness involving a child.
(1) As used in this section, "in the presence of" includes within visual contact through
an electronic device.
(2) A person is guilty of lewdness involving a child if the person under circumstances
not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a
child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses,
intentionally or knowingly:
(a) does any of the following in the presence of a child who is under 14 years of age:
(i) performs an act of sexual intercourse or sodomy;
(ii) exposes his or her genitals, the female breast below the top of the areola, the
buttocks, the anus, or the pubic area:
(A) in a public place; or
(B) in a private place under circumstances the person should know will likely cause
affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;
(iii) masturbates; or
(iv) performs any other act of lewdness; or
(b) under circumstances not amounting to sexual exploitation of a child under Section
76-5b-201
or aggravated sexual exploitation of a child under Section 
76-5b-201.1
, causes a
child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the
actor, with the intent to arouse or gratify the sexual desire of the actor or the child.
(3) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection
(3)(b).
(b) Lewdness involving a child is a third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section 
77-27-21.7
; or
(ii) the person has previously been convicted of a violation of this section.
Section 13. Section 
76-10-1302
 is amended to read:
76-10-1302.
Prostitution.
(1) An individual except for a child under Section 
76-10-1315
 is guilty of prostitution
when the individual:
(a) engages, offers, or agrees to engage in any sexual activity with another individual
for a fee, or the functional equivalent of a fee;
(b) takes steps in arranging a meeting through any form of advertising, agreeing to
meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
or the functional equivalent of a fee; or
(c) loiters in or within view of any public place for the purpose of being hired to
engage in sexual activity.
(2) (a) Except as provided in Subsection (2)(b) and Section 
76-10-1309
, prostitution is
a class B misdemeanor.
(b) Except as provided in Section 
76-10-1309
, an individual who is convicted a second
time, and on all subsequent convictions, of a subsequent offense of prostitution under this
section or under a local ordinance adopted in compliance with Section 
76-10-1307
, is guilty of
a class A misdemeanor.
(3) A prosecutor may not prosecute an individual for a violation of Subsection (1) if
the individual engages in a violation of Subsection (1) at or near the time the individual
witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
following offenses, and the individual reports the offense or attempt to law enforcement in
good faith:
(a) assault, Section 
76-5-102
;
(b) aggravated assault, Section 
76-5-103
;
(c) mayhem, Section 
76-5-105
;
(d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
homicide, or homicide by assault under [
Title 76,
] Chapter 5, Part 2, Criminal Homicide;
(e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
aggravated human trafficking, human smuggling or aggravated human smuggling, or human
trafficking of a child under [
Title 76,
] Chapter 5, Part 3, Kidnapping, Trafficking, and
Smuggling;
(f) rape, Section 
76-5-402
;
(g) rape of a child, Section 
76-5-402.1
;
(h) object rape, Section 
76-5-402.2
;
(i) object rape of a child, Section 
76-5-402.3
;
(j) forcible sodomy, Section 
76-5-403
;
(k) sodomy on a child, Section 
76-5-403.1
;
(l) forcible sexual abuse, Section 
76-5-404
;
(m) aggravated sexual abuse of a child or sexual abuse of a child, Section 
76-5-404.1
;
(n) aggravated sexual assault, Section 
76-5-405
;
(o) sexual exploitation of a minor, Section 
76-5b-201
;
(p) aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
[
(p)
] 
(q)
 sexual exploitation of a vulnerable adult, Section 
76-5b-202
;
[
(q)
] 
(r)
 aggravated burglary or burglary of a dwelling under [
Title 76,
] Chapter 6, Part
2, Burglary and Criminal Trespass;
[
(r)
] 
(s)
 aggravated robbery or robbery under [
Title 76,
] Chapter 6, Part 3, Robbery; or
[
(s)
] 
(t)
 theft by extortion under Subsection 
76-6-406
(2)(a) or (b).
Section 14. Section 
76-10-1602
 is amended to read:
76-10-1602.
Definitions.
As used in this part:
(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and any union or group of individuals
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
commission of at least three episodes of unlawful activity, which episodes are not isolated, but
have the same or similar purposes, results, participants, victims, or methods of commission, or
otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
demonstrate continuing unlawful conduct and be related either to each other or to the
enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
activity as defined by this part shall have occurred within five years of the commission of the
next preceding act alleged as part of the pattern.
(3) "Person" includes any individual or entity capable of holding a legal or beneficial
interest in property, including state, county, and local governmental entities.
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
command, encourage, or intentionally aid another person to engage in conduct which would
constitute any offense described by the following crimes or categories of crimes, or to attempt
or conspire to engage in an act which would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
or a felony:
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
Code, Sections 
19-1-101
 through 
19-7-109
;
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
Code of Utah, or Section 
23-20-4
;
(d) false claims for medical benefits, kickbacks, and any other act prohibited by Title
26, Chapter 20, Utah False Claims Act, Sections 
26-20-1
 through 
26-20-12
;
(e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
Land Sales Practices Act;
(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
Clandestine Drug Lab Act;
(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act;
(i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
Procurement Code;
(j) assault or aggravated assault, Sections 
76-5-102
 and 
76-5-103
;
(k) a threat of terrorism, Section 
76-5-107.3
;
(l) criminal homicide, Sections 
76-5-201
, 
76-5-202
, and 
76-5-203
;
(m) kidnapping or aggravated kidnapping, Sections 
76-5-301
 and 
76-5-302
;
(n) human trafficking, human trafficking of a child, human smuggling, or aggravated
human trafficking, Sections 
76-5-308
, 
76-5-308.5
, 
76-5-309
, and 
76-5-310
;
(o) sexual exploitation of a minor 
or aggravated sexual exploitation of a minor
,
[
Section
] 
Sections
76-5b-201
and 
76-5b-201.1
;
(p) arson or aggravated arson, Sections 
76-6-102
 and 
76-6-103
;
(q) causing a catastrophe, Section 
76-6-105
;
(r) burglary or aggravated burglary, Sections 
76-6-202
 and 
76-6-203
;
(s) burglary of a vehicle, Section 
76-6-204
;
(t) manufacture or possession of an instrument for burglary or theft, Section 
76-6-205
;
(u) robbery or aggravated robbery, Sections 
76-6-301
 and 
76-6-302
;
(v) theft, Section 
76-6-404
;
(w) theft by deception, Section 
76-6-405
;
(x) theft by extortion, Section 
76-6-406
;
(y) receiving stolen property, Section 
76-6-408
;
(z) theft of services, Section 
76-6-409
;
(aa) forgery, Section 
76-6-501
;
(bb) fraudulent use of a credit card, Sections 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, and
76-6-506.6
;
(cc) deceptive business practices, Section 
76-6-507
;
(dd) bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods, Section 
76-6-508
;
(ee) bribery of a labor official, Section 
76-6-509
;
(ff) defrauding creditors, Section 
76-6-511
;
(gg) acceptance of deposit by insolvent financial institution, Section 
76-6-512
;
(hh) unlawful dealing with property by fiduciary, Section 
76-6-513
;
(ii) bribery or threat to influence contest, Section 
76-6-514
;
(jj) making a false credit report, Section 
76-6-517
;
(kk) criminal simulation, Section 
76-6-518
;
(ll) criminal usury, Section 
76-6-520
;
(mm) fraudulent insurance act, Section 
76-6-521
;
(nn) retail theft, Section 
76-6-602
;
(oo) computer crimes, Section 
76-6-703
;
(pp) identity fraud, Section 
76-6-1102
;
(qq) mortgage fraud, Section 
76-6-1203
;
(rr) sale of a child, Section 
76-7-203
;
(ss) bribery to influence official or political actions, Section 
76-8-103
;
(tt) threats to influence official or political action, Section 
76-8-104
;
(uu) receiving bribe or bribery by public servant, Section 
76-8-105
;
(vv) receiving bribe or bribery for endorsement of person as public servant, Section
76-8-106
;
(ww) official misconduct, Sections 
76-8-201
 and 
76-8-202
;
(xx) obstruction of justice, Section 
76-8-306
;
(yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 
76-8-308
;
(zz) false or inconsistent material statements, Section 
76-8-502
;
(aaa) false or inconsistent statements, Section 
76-8-503
;
(bbb) written false statements, Section 
76-8-504
;
(ccc) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(ddd) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(eee) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(fff) tampering with evidence, Section 
76-8-510.5
;
(ggg) falsification or alteration of government record, Section 
76-8-511
, if the record is
a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
Disclosure and Regulation Act;
(hhh) public assistance fraud in violation of Section 
76-8-1203
, 
76-8-1204
, or
76-8-1205
;
(iii) unemployment insurance fraud, Section 
76-8-1301
;
(jjj) intentionally or knowingly causing one animal to fight with another, Subsection
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
parts, Section 
76-10-306
;
(lll) delivery to common carrier, mailing, or placement on premises of an incendiary
device, Section 
76-10-307
;
(mmm) possession of a deadly weapon with intent to assault, Section 
76-10-507
;
(nnn) unlawful marking of pistol or revolver, Section 
76-10-521
;
(ooo) alteration of number or mark on pistol or revolver, Section 
76-10-522
;
(ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
76-10-1002
;
(qqq) selling goods under counterfeited trademark, trade name, or trade devices,
Section 
76-10-1003
;
(rrr) sales in containers bearing registered trademark of substituted articles, Section
76-10-1004
;
(sss) selling or dealing with article bearing registered trademark or service mark with
intent to defraud, Section 
76-10-1006
;
(ttt) gambling, Section 
76-10-1102
;
(uuu) gambling fraud, Section 
76-10-1103
;
(vvv) gambling promotion, Section 
76-10-1104
;
(www) possessing a gambling device or record, Section 
76-10-1105
;
(xxx) confidence game, Section 
76-10-1109
;
(yyy) distributing pornographic material, Section 
76-10-1204
;
(zzz) inducing acceptance of pornographic material, Section 
76-10-1205
;
(aaaa) dealing in harmful material to a minor, Section 
76-10-1206
;
(bbbb) distribution of pornographic films, Section 
76-10-1222
;
(cccc) indecent public displays, Section 
76-10-1228
;
(dddd) prostitution, Section 
76-10-1302
;
(eeee) aiding prostitution, Section 
76-10-1304
;
(ffff) exploiting prostitution, Section 
76-10-1305
;
(gggg) aggravated exploitation of prostitution, Section 
76-10-1306
;
(hhhh) communications fraud, Section 
76-10-1801
;
(iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
Currency Transaction Reporting Act;
(jjjj) vehicle compartment for contraband, Section 
76-10-2801
;
(kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
this state; and
(llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
Sec. 1961(1)(B), (C), and (D).
Section 15. Section 
77-22-2.5
 is amended to read:
77-22-2.5.
Court orders for criminal investigations for records concerning an
electronic communications system or service or remote computing service -- Content --
Fee for providing information.
(1) As used in this section:
(a) (i) "Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectronic, or photooptical system.
(ii) "Electronic communication" does not include:
(A) a wire or oral communication;
(B) a communication made through a tone-only paging device;
(C) a communication from a tracking device; or
(D) electronic funds transfer information stored by a financial institution in a
communications system used for the electronic storage and transfer of funds.
(b) "Electronic communications service" means a service which provides for users the
ability to send or receive wire or electronic communications.
(c) "Electronic communications system" means a wire, radio, electromagnetic,
photooptical, or photoelectronic facilities for the transmission of wire or electronic
communications, and a computer facilities or related electronic equipment for the electronic
storage of the communication.
(d) "Internet service provider" means the same as that term is defined in Section
76-10-1230
.
(e) "Prosecutor" means the same as that term is defined in Section 
77-22-4.5
.
(f) "Remote computing service" means the provision to the public of computer storage
or processing services by means of an electronic communications system.
(g) "Sexual offense against a minor" means:
(i) sexual exploitation of a minor or attempted sexual exploitation of a minor in
violation of Section 
76-5b-201
;
(ii) aggravated sexual exploitation of a minor or attempted aggravated sexual
exploitation of a minor in violation of Section 
76-5b-201.1
;
[
(ii)
] 
(iii)
 a sexual offense or attempted sexual offense committed against a minor in
violation of Title 76, Chapter 5, Part 4, Sexual Offenses;
[
(iii)
] 
(iv)
 dealing in or attempting to deal in material harmful to a minor in violation of
Section 
76-10-1206
;
[
(iv)
] 
(v)
 enticement of a minor or attempted enticement of a minor in violation of
Section 
76-4-401
;
[
(v)
] 
(vi)
 human trafficking of a child in violation of Section 
76-5-308.5
; or
[
(vi)
] 
(vii)
 aggravated sexual extortion of a child in violation of Section 
76-5b-204
.
(2) When a law enforcement agency is investigating a sexual offense against a minor,
an offense of stalking under Section 
76-5-106.5
, or an offense of child kidnapping under
Section 
76-5-301.1
, and has reasonable suspicion that an electronic communications system or
service or remote computing service has been used in the commission of a criminal offense, a
law enforcement agent shall:
(a) articulate specific facts showing reasonable grounds to believe that the records or
other information sought, as designated in Subsections (2)(c)(i) through (v), are relevant and
material to an ongoing investigation;
(b) present the request to a prosecutor for review and authorization to proceed; and
(c) submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or remote
computing service provider that owns or controls the Internet protocol address, websites, email
address, or service to a specific telephone number, requiring the production of the following
information, if available, upon providing in the court order the Internet protocol address, email
address, telephone number, or other identifier, and the dates and times the address, telephone
number, or other identifier is suspected of being used in the commission of the offense:
(i) names of subscribers, service customers, and users;
(ii) addresses of subscribers, service customers, and users;
(iii) records of session times and durations;
(iv) length of service, including the start date and types of service utilized; and
(v) telephone or other instrument subscriber numbers or other subscriber identifiers,
including a temporarily assigned network address.
(3) A court order issued under this section shall state that the electronic
communications system or service or remote computing service provider shall produce a record
under Subsections (2)(c)(i) through (v) that is reasonably relevant to the investigation of the
suspected criminal activity or offense as described in the court order.
(4) (a) An electronic communications system or service or remote computing service
provider that provides information in response to a court order issued under this section may
charge a fee, not to exceed the actual cost, for providing the information.
(b) The law enforcement agency conducting the investigation shall pay the fee.
(5) The electronic communications system or service or remote computing service
provider served with or responding to the court order may not disclose the court order to the
account holder identified pursuant to the court order for a period of 90 days.
(6) If the electronic communications system or service or remote computing service
provider served with the court order does not own or control the Internet protocol address,
websites, or email address, or provide service for the telephone number that is the subject of
the court order, the provider shall notify the investigating law enforcement agency that the
provider does not have the information.
(7) There is no cause of action against a provider or wire or electronic communication
service, or the provider or service's officers, employees, agents, or other specified persons, for
providing information, facilities, or assistance in accordance with the terms of the court order
issued under this section or statutory authorization.
(8) (a) A court order issued under this section is subject to the provisions of Title 77,
Chapter 23b, Access to Electronic Communications.
(b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b,
Access to Electronic Communications, apply to providers and subscribers subject to a court
order issued under this section.
(9) A prosecutorial agency shall annually on or before February 15 report to the
Commission on Criminal and Juvenile Justice:
(a) the number of requests for court orders authorized by the prosecutorial agency;
(b) the number of orders issued by the court and the criminal offense, pursuant to
Subsection (2), each order was used to investigate; and
(c) if the court order led to criminal charges being filed, the type and number of
offenses charged.
Section 16. Section 
77-36-1
 is amended to read:
77-36-1.
Definitions.
As used in this chapter:
(1) "Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(2) "Department" means the Department of Public Safety.
(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
3, Divorce.
(4) "Domestic violence" or "domestic violence offense" means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any attempt,
conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
when committed by one cohabitant against another. "Domestic violence" or "domestic
violence offense" includes commission or attempt to commit, any of the following offenses by
one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) aggravated cruelty to an animal, as described in Subsection 
76-9-301
(4), with the
intent to harass or threaten the other cohabitant;
(c) assault, as described in Section 
76-5-102
;
(d) criminal homicide, as described in Section 
76-5-201
;
(e) harassment, as described in Section 
76-5-106
;
(f) electronic communication harassment, as described in Section 
76-9-201
;
(g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(h) mayhem, as described in Section 
76-5-105
;
(i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and 
[
Section 
76-5b-201
, Sexual exploitation of a minor -- Offenses;
] 
sexual exploitation of a minor
and aggravated sexual exploitation of a minor, as described in Sections 
76-5b-201
 and
76-5b-201.1
;
(j) stalking, as described in Section 
76-5-106.5
;
(k) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(l) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(m) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
Part 3, Robbery;
(n) possession of a deadly weapon with criminal intent, as described in Section
76-10-507
;
(o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
;
(p) disorderly conduct, as defined in Section 
76-9-102
, if a conviction or adjudication
of disorderly conduct is the result of a plea agreement in which the perpetrator was originally
charged with a domestic violence offense otherwise described in this Subsection (4), except
that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the
manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of
domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18
U.S.C. Sec. 921 et seq.;
(q) child abuse, as described in Section 
76-5-109.1
;
(r) threatening use of a dangerous weapon, as described in Section 
76-10-506
;
(s) threatening violence, as described in Section 
76-5-107
;
(t) tampering with a witness, as described in Section 
76-8-508
;
(u) retaliation against a witness or victim, as described in Section 
76-8-508.3
;
(v) unlawful distribution of an intimate image, as described in Section 
76-5b-203
, or
unlawful distribution of a counterfeit intimate image, as described in Section 
76-5b-205
;
(w) sexual battery, as described in Section 
76-9-702.1
;
(x) voyeurism, as described in Section 
76-9-702.7
;
(y) damage to or interruption of a communication device, as described in Section
76-6-108
; or
(z) an offense described in Subsection 
78B-7-806
(1).
(5) "Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(6) "Jail release court order" means the same as that term is defined in Section
78B-7-801
.
(7) "Marital status" means married and living together, divorced, separated, or not
married.
(8) "Married and living together" means a couple whose marriage was solemnized
under Section 
30-1-4
 or 
30-1-6
 and who are living in the same residence.
(9) "Not married" means any living arrangement other than married and living together,
divorced, or separated.
(10) "Protective order" includes an order issued under Subsection 
78B-7-804
(3).
(11) "Pretrial protective order" means a written order:
(a) specifying and limiting the contact a person who has been charged with a domestic
violence offense may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release under [
Sections
] 
Section
78B-7-802
 or
78B-7-803
, pending trial in the criminal case.
(12) "Sentencing protective order" means a written order of the court as part of
sentencing in a domestic violence case that limits the contact an individual who is convicted or
adjudicated of a domestic violence offense may have with a victim or other specified
individuals under Section 
78B-7-804
.
(13) "Separated" means a couple who have had their marriage solemnized under
Section 
30-1-4
 or 
30-1-6
 and who are not living in the same residence.
(14) "Victim" means a cohabitant who has been subjected to domestic violence.
Section 17. Section 
77-41-102
 is amended to read:
77-41-102.
Definitions.
As used in this chapter:
(1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in section 
53-10-201
.
(2) "Business day" means a day on which state offices are open for regular business.
(3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
Identification showing that the offender has met the requirements of Section 
77-41-112
.
(4) "Department" means the Department of Corrections.
(5) "Division" means the Division of Juvenile Justice Services.
(6) "Employed" or "carries on a vocation" includes employment that is full time or part
time, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.
(7) "Indian Country" means:
(a) all land within the limits of any Indian reservation under the jurisdiction of the
United States government, regardless of the issuance of any patent, and includes rights-of-way
running through the reservation;
(b) all dependent Indian communities within the borders of the United States whether
within the original or subsequently acquired territory, and whether or not within the limits of a
state; and
(c) all Indian allotments, including the Indian allotments to which the Indian titles have
not been extinguished, including rights-of-way running through the allotments.
(8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
property under the jurisdiction of the United States military, Canada, the United Kingdom,
Australia, or New Zealand.
(9) "Kidnap offender" means any individual, other than a natural parent of the victim:
(a) who has been convicted in this state of a violation of:
(i) Subsection 
76-5-301
(1)(c) or (d), kidnapping;
(ii) Section 
76-5-301.1
, child kidnapping;
(iii) Section 
76-5-302
, aggravated kidnapping;
(iv) Section 
76-5-308
, human trafficking for labor and human smuggling;
(v) Section 
76-5-308
, human smuggling, when the individual smuggled is under 18
years old;
(vi) Section 
76-5-308.5
, human trafficking of a child for labor;
(vii) Section 
76-5-310
, aggravated human trafficking and aggravated human
smuggling, on or after May 10, 2011;
(viii) Section 
76-5-311
, human trafficking of a vulnerable adult for labor; or
(ix) attempting, soliciting, or conspiring to commit any felony offense listed in
Subsections (9)(a)(i) through (iii);
(b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
to commit a crime in another jurisdiction, including any state, federal, or military court that is
substantially equivalent to the offenses listed in Subsection (9)(a); and
(ii) who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
10 or more days, regardless of whether or not the offender intends to permanently reside in this
state;
(c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
original conviction;
(B) who is required to register as a kidnap offender by any state, federal, or military
court; or
(C) who would be required to register as a kidnap offender if residing in the
jurisdiction of the conviction regardless of the date of the conviction or any previous
registration requirements; and
(ii) in any 12-month period, who is in this state for a total of 10 or more days,
regardless of whether or not the offender intends to permanently reside in this state;
(d) (i) (A) who is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
substantially equivalent offense in another jurisdiction; or
(B) as a result of the conviction, who is required to register in the individual's state of
residence;
(e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
of one or more offenses listed in Subsection (9); or
(f) (i) who is adjudicated under Section 
80-6-701
 for one or more offenses listed in
Subsection (9)(a); and
(ii) who has been committed to the division for secure care, as defined in Section
80-1-102
, for that offense and:
(A) the individual remains in the division's custody until 30 days before the individual's
21st birthday; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
under Section 
80-6-605
, the individual remains in the division's custody until 30 days before
the individual's 25th birthday.
(10) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
as defined in Subsection (17).
(12) "Online identifier" or "Internet identifier":
(a) means any electronic mail, chat, instant messenger, social networking, or similar
name used for Internet communication; and
(b) does not include date of birth, social security number, PIN number, or Internet
passwords.
(13) "Primary residence" means the location where the offender regularly resides, even
if the offender intends to move to another location or return to another location at any future
date.
(14) "Register" means to comply with the requirements of this chapter and
administrative rules of the department made under this chapter.
(15) "Registration website" means the Sex and Kidnap Offender Notification and
Registration website described in Section 
77-41-110
 and the information on the website.
(16) "Secondary residence" means any real property that the offender owns or has a
financial interest in, or any location where, in any 12-month period, the offender stays
overnight a total of 10 or more nights when not staying at the offender's primary residence.
(17) "Sex offender" means any individual:
(a) convicted in this state of:
(i) a felony or class A misdemeanor violation of Section 
76-4-401
, enticing a minor;
(ii) Section 
76-5b-202
, sexual exploitation of a vulnerable adult, on or after May 10,
2011;
(iii) Section 
76-5-308
, human trafficking for sexual exploitation;
(iv) Section 
76-5-308.5
, human trafficking of a child for sexual exploitation;
(v) Section 
76-5-310
, aggravated human trafficking for sexual exploitation;
(vi) Section 
76-5-311
, human trafficking of a vulnerable adult for sexual exploitation;
(vii) Section 
76-5-401
, unlawful sexual activity with a minor, except as provided in
Subsection 
76-5-401
(3)(b) or (c);
(viii) Section 
76-5-401.1
, sexual abuse of a minor, except as provided in Subsection
76-5-401.1
(3);
(ix) Section 
76-5-401.2
, unlawful sexual conduct with a 16 or 17 year old;
(x) Section 
76-5-402
, rape;
(xi) Section 
76-5-402.1
, rape of a child;
(xii) Section 
76-5-402.2
, object rape;
(xiii) Section 
76-5-402.3
, object rape of a child;
(xiv) a felony violation of Section 
76-5-403
, forcible sodomy;
(xv) Section 
76-5-403.1
, sodomy on a child;
(xvi) Section 
76-5-404
, forcible sexual abuse;
(xvii) Section 
76-5-404.1
, sexual abuse of a child or aggravated sexual abuse of a
child;
(xviii) Section 
76-5-405
, aggravated sexual assault;
(xix) Section 
76-5-412
, custodial sexual relations, when the individual in custody is
younger than 18 years old, if the offense is committed on or after May 10, 2011;
(xx) Section 
76-5b-201
, sexual exploitation of a minor;
(xxi) Section 
76-5b-201.1
, aggravated sexual exploitation of a minor;
[
(xxi)
] 
(xxii)
 Section 
76-5b-204
, sexual extortion or aggravated sexual extortion;
[
(xxii)
] 
(xxiii)
 Section 
76-7-102
, incest;
[
(xxiii)
] 
(xxiv)
 Section 
76-9-702
, lewdness, if the individual has been convicted of the
offense four or more times;
[
(xxiv)
] 
(xxv)
 Section 
76-9-702.1
, sexual battery, if the individual has been convicted
of the offense four or more times;
[
(xxv)
] 
(xxvi)
 any combination of convictions of Section 
76-9-702
, lewdness, and of
Section 
76-9-702.1
, sexual battery, that total four or more convictions;
[
(xxvi)
] 
(xxvii)
 Section 
76-9-702.5
, lewdness involving a child;
[
(xxvii)
] 
(xxviii)
 a felony or class A misdemeanor violation of Section 
76-9-702.7
,
voyeurism;
[
(xxviii)
] 
(xxix)
 Section 
76-10-1306
, aggravated exploitation of prostitution; or
[
(xxix)
] 
(xxx)
 attempting, soliciting, or conspiring to commit any felony offense listed
in this Subsection (17)(a);
(b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
to commit a crime in another jurisdiction, including any state, federal, or military court that is
substantially equivalent to the offenses listed in Subsection (17)(a); and
(ii) who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
10 or more days, regardless of whether the offender intends to permanently reside in this state;
(c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
original conviction;
(B) who is required to register as a sex offender by any state, federal, or military court;
or
(C) who would be required to register as a sex offender if residing in the jurisdiction of
the original conviction regardless of the date of the conviction or any previous registration
requirements; and
(ii) who, in any 12-month period, is in the state for a total of 10 or more days,
regardless of whether or not the offender intends to permanently reside in this state;
(d) (i) (A) who is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
substantially equivalent offense in any jurisdiction; or
(B) who is, as a result of the conviction, required to register in the individual's
jurisdiction of residence;
(e) who is found not guilty by reason of insanity in this state, or in any other
jurisdiction of one or more offenses listed in Subsection (17)(a); or
(f) (i) who is adjudicated under Section 
80-6-701
 for one or more offenses listed in
Subsection (17)(a); and
(ii) who has been committed to the division for secure care, as defined in Section
80-1-102
, for that offense and:
(A) the individual remains in the division's custody until 30 days before the individual's
21st birthday; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
under Section 
80-6-605
, the individual remains in the division's custody until 30 days before
the individual's 25th birthday.
(18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving.
(19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
any jurisdiction.
Section 18. Section 
77-41-106
 is amended to read:
77-41-106.
Registerable offenses.
Offenses referred to in Subsection 
77-41-105
(3)(c)(i) are:
(1) any offense listed in Subsection 
77-41-102
(9) or (17) if, at the time of the
conviction, the offender has previously been convicted of an offense listed in Subsection
77-41-102
(9) or (17) or has previously been required to register as a sex offender for an offense
committed as a juvenile;
(2) a conviction for any of the following offenses, including attempting, soliciting, or
conspiring to commit any felony of:
(a) Section 
76-5-301.1
, child kidnapping, except if the offender is a natural parent of
the victim;
(b) Section 
76-5-402
, rape;
(c) Section 
76-5-402.1
, rape of a child;
(d) Section 
76-5-402.2
, object rape;
(e) Section 
76-5-402.3
, object rape of a child;
(f) Section 
76-5-403.1
, sodomy on a child;
(g) Subsection 
76-5-404.1
(4), aggravated sexual abuse of a child; or
(h) Section 
76-5-405
, aggravated sexual assault;
(3) Section 
76-5-308
, human trafficking for sexual exploitation;
(4) Section 
76-5-308.5
, human trafficking of a child for sexual exploitation;
(5) Section 
76-5-310
, aggravated human trafficking for sexual exploitation;
(6) Section 
76-5-311
, human trafficking of a vulnerable adult for sexual exploitation;
(7) Section 
76-4-401
, a felony violation of enticing a minor over the Internet;
(8) Section 
76-5-302
, aggravated kidnapping, except if the offender is a natural parent
of the victim;
(9) Section 
76-5-403
, forcible sodomy;
(10) Section 
76-5-404.1
, sexual abuse of a child;
(11) Section 
76-5b-201
, sexual exploitation of a minor;
(12) Section 
76-5b-201.1
, aggravated sexual exploitation of a minor;
[
(12)
] 
(13)
 Subsection 
76-5b-204
(4), aggravated sexual extortion; or
[
(13)
] 
(14)
 Section 
76-10-1306
, aggravated exploitation of prostitution, on or after May
10, 2011.
Section 19. Section 
78B-6-117
 is amended to read:
78B-6-117.
Who may adopt -- Adoption of minor.
(1) A minor child may be adopted by an adult individual, in accordance with this
section and this part.
(2) A child may be adopted by:
(a) adults who are legally married to each other in accordance with the laws of this
state, including adoption by a stepparent; or
(b) subject to Subsections (3) and (4), a single adult.
(3) A child may not be adopted by an individual who is cohabiting in a relationship that
is not a legally valid and binding marriage under the laws of this state unless the individual is a
relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C.
Sec. 1901 et seq.
(4) To provide a child who is in the custody of the division with the most beneficial
family structure, when a child in the custody of the division is placed for adoption, the division
or child-placing agency shall place the child with a married couple, unless:
(a) there are no qualified married couples who:
(i) have applied to adopt a child;
(ii) are willing to adopt the child; and
(iii) are an appropriate placement for the child;
(b) the child is placed with a relative of the child;
(c) the child is placed with an individual who has already developed a substantial
relationship with the child;
(d) the child is placed with an individual who:
(i) is selected by a parent or former parent of the child, if the parent or former parent
consented to the adoption of the child; and
(ii) the parent or former parent described in Subsection (4)(d)(i):
(A) knew the individual with whom the child is placed before the parent consented to
the adoption; or
(B) became aware of the individual with whom the child is placed through a source
other than the division or the child-placing agency that assists with the adoption of the child; or
(e) it is in the best interests of the child to place the child with a single adult.
(5) Except as provided in Subsection (6), an adult may not adopt a child if, before
adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest
to a felony or attempted felony involving conduct that constitutes any of the following:
(a) child abuse, as described in Section 
76-5-109
;
(b) child abuse homicide, as described in Section 
76-5-208
;
(c) child kidnapping, as described in Section 
76-5-301.1
;
(d) human trafficking of a child, as described in Section 
76-5-308.5
;
(e) sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f) rape of a child, as described in Section 
76-5-402.1
;
(g) object rape of a child, as described in Section 
76-5-402.3
;
(h) sodomy on a child, as described in Section 
76-5-403.1
;
(i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
Section 
76-5-404.1
;
(j) sexual exploitation of a minor, as described in Section 
76-5b-201
; [
or
]
(k) aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
; or
[
(k)
] 
(l)
 an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (5).
(6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
listed in Subsection (5) that prevents a court from considering an individual for adoption of a
child except as provided in this Subsection (6).
(b) An individual described in Subsection (5) may only be considered for adoption of a
child if the following criteria are met by clear and convincing evidence:
(i) at least 10 years have elapsed from the day on which the individual is successfully
released from prison, jail, parole, or probation related to a disqualifying offense;
(ii) during the 10 years before the day on which the individual files a petition with the
court seeking adoption, the individual has not been convicted, pleaded guilty, or pleaded no
contest to an offense greater than an infraction or traffic violation that would likely impact the
health, safety, or well-being of the child;
(iii) the individual can provide evidence of successful treatment or rehabilitation
directly related to the disqualifying offense;
(iv) the court determines that the risk related to the disqualifying offense is unlikely to
cause harm, as defined in Section 
80-1-102
, or potential harm to the child currently or at any
time in the future when considering all of the following:
(A) the child's age;
(B) the child's gender;
(C) the child's development;
(D) the nature and seriousness of the disqualifying offense;
(E) the preferences of a child 12 years old or older;
(F) any available assessments, including custody evaluations, home studies,
pre-placement adoptive evaluations, parenting assessments, psychological or mental health
assessments, and bonding assessments; and
(G) any other relevant information;
(v) the individual can provide evidence of all of the following:
(A) the relationship with the child is of long duration;
(B) that an emotional bond exists with the child; and
(C) that adoption by the individual who has committed the disqualifying offense
ensures the best interests of the child are met; and
(vi) the adoption is by:
(A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
(B) subject to Subsection (6)(d), a relative of the child as defined in Section 
80-3-102
and there is not another relative without a disqualifying offense filing an adoption petition.
(c) The individual with the disqualifying offense bears the burden of proof regarding
why adoption with that individual is in the best interest of the child over another responsible
relative or equally situated individual who does not have a disqualifying offense.
(d) If there is an alternative responsible relative who does not have a disqualifying
offense filing an adoption petition, the following applies:
(i) preference for adoption shall be given to a relative who does not have a
disqualifying offense; and
(ii) before the court may grant adoption to the individual who has the disqualifying
offense over another responsible, willing, and able relative:
(A) an impartial custody evaluation shall be completed; and
(B) a guardian ad litem shall be assigned.
(7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a
final decision on adoption has not been made and to a case filed on or after March 25, 2017.
Section 20. Section 
80-1-102
 is amended to read:
80-1-102.
Juvenile code definitions.
As used in this title:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
80-6-402
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) who is a minor.
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6) "Board" means the Board of Juvenile Court Judges.
(7) "Child" means an individual who is under 18 years old.
(8) "Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section 
62A-4a-205
.
(9) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which is licensed or approved where such license or approval is required by law.
(10) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(11) "Commit" or "committed" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years old, to transfer custody.
(12) "Community-based program" means a nonsecure residential or nonresidential
program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with the
Division of Juvenile Justice Services.
(13) "Community placement" means placement of a minor in a community-based
program described in Section 
80-5-402
.
(14) "Correctional facility" means:
(a) a county jail; or
(b) a secure correctional facility as defined in Section 
64-13-1
.
(15) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(16) "Department" means the Department of Human Services created in Section
62A-1-102
.
(17) "Dependent child" or "dependency" means a child who is without proper care
through no fault of the child's parent, guardian, or custodian.
(18) "Deprivation of custody" means transfer of legal custody by the juvenile court
from a parent or a previous custodian to another person, agency, or institution.
(19) "Detention" means home detention or secure detention.
(20) "Detention risk assessment tool" means an evidence-based tool established under
Section 
80-5-203
 that:
(a) assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b) is designed to assist in making a determination of whether a minor shall be held in
detention.
(21) "Developmental immaturity" means incomplete development in one or more
domains that manifests as a functional limitation in the minor's present ability to:
(a) consult with counsel with a reasonable degree of rational understanding; and
(b) have a rational as well as factual understanding of the proceedings.
(22) "Disposition" means an order by a juvenile court, after the adjudication of a
minor, under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(23) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(24) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Substance Abuse and Mental Health in accordance with Section 
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(25) "Emancipated" means the same as that term is defined in Section 
80-7-102
.
(26) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(27) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(28) "Formal probation" means a minor is:
(a) supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(29) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(30) "Guardian" means a person appointed by a court to make decisions regarding a
minor, including the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another individual, agency, or
institution.
(31) "Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(32) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(33) "Home detention" means placement of a minor:
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions established by
the Division of Juvenile Justice Services or the juvenile court; or
(b) if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
custodian, under terms and conditions established by the Division of Juvenile Justice Services
or the juvenile court.
(34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) "Incest" includes:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(37) "Indigent defense service provider" means the same as that term is defined in
Section 
78B-22-102
.
(38) "Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(39) "Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(40) (a) "Intake probation" means a minor is:
(i) monitored by a juvenile probation officer; and
(ii) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b) "Intake probation" does not include formal probation.
(41) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(42) "Juvenile offender" means:
(a) a serious youth offender; or
(b) a youth offender.
(43) "Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(44) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
Justice Services, that is responsible for minors taken into temporary custody under Section
80-6-201
.
(45) "Legal custody" means a relationship embodying:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(46) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(47) "Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a) a child; or
(b) an individual:
(i) (A) who is at least 18 years old and younger than 21 years old; and
(B) for whom the Division of Child and Family Services has been specifically ordered
by the juvenile court to provide services because the individual was an abused, neglected, or
dependent child or because the individual was adjudicated for an offense; or
(ii) (A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6, Juvenile Justice.
(48) "Mobile crisis outreach team" means the same as that term is defined in Section
62A-15-102
.
(49) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-416
.
(50) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(51) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(52) "Neglected child" means a child who has been subjected to neglect.
(53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the
consent in writing of:
(a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(54) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(55) "Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of Juvenile
Justice Services, or another person designated by the Division of Juvenile Justice Services.
(56) "Physical abuse" means abuse that results in physical injury or damage to a child.
(57) (a) "Probation" means a legal status created by court order, following an
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the minor's
home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.
(58) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(59) "Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a) the day on which the shelter hearing is held under Section 
80-3-301
; or
(b) the day on which the child is returned home.
(60) "Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(61) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(62) (a) "Residual parental rights and duties" means the rights and duties remaining
with a parent after legal custody or guardianship, or both, have been vested in another person or
agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(63) "Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(64) "Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
minor.
(65) "Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(66) "Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of Juvenile
Justice Services:
(a) before disposition of an offense that is alleged to have been committed by the
minor; or
(b) under Section 
80-6-704
.
(67) "Serious youth offender" means an individual who:
(a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was 25 years
old in accordance with Section 
80-6-605
; and
(c) is committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
(68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(70) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (34), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual who engages in the conduct is actually
charged with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(71) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, 
or Section 
76-5b-201.1
, aggravated sexual exploitation of a
minor,
 regardless of whether the individual who engages in the conduct is actually charged
with, or convicted of, the offense.
(72) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(73) "Shelter facility" means the same as that term is defined in Section 
62A-4a-101
.
(74) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(75) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(77) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(78) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(79) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(80) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(82) "Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others;
or
(c) results in the situations described in Subsections (82)(a) and (b).
(83) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(84) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(85) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(86) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(87) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
(88) "Youth offender" means an individual who is:
(a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 21. 
 Coordinating S.B. 167 with S.B. 123 -- Technical amendment.
If this S.B. 167 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 prepare the Utah Code database for publication by amending Subsection
76-5b-201.1
(1) to read:
"(1) As used in this section:
(a) "Physical abuse" or "physically abused" means the same as the term "physical
abuse" is defined in Section 
80-1-102
.
(b) The terms defined in Section 
76-1-101.5
 apply to this section.".