Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 27 First Substitute (2024GS)

Sponsor

Rep. Gwynn, M.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends the penalty for attempted murder;
• amends the crime of interference with a public servant;
• makes it a crime for an individual occupying a position of special trust in a high school to engage in certain sexual conduct with an adult high school student;
• makes it a crime for an individual to remove the clothing of another individual without the individual's consent in certain circumstances;
• repeals Title 76, Chapter 8, Part 8, Sabotage Prevention; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIMINAL CODE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: 
Keith Grover
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote: 11 voting for 0 voting against 7 absent
General Description:
This bill makes changes to criminal offenses in Title 76, Utah Criminal Code.
Highlighted Provisions:
This bill:
▸ amends the penalty for attempted murder;
▸ amends the crime of interference with a public servant;
▸ makes it a crime for an individual occupying a position of special trust in a high
school to engage in certain sexual conduct with an adult high school student;
▸ makes it a crime for an individual to remove the clothing of another individual
without the individual's consent in certain circumstances;
▸ repeals Title 76, Chapter 8, Part 8, Sabotage Prevention; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-4-102
, as last amended by Laws of Utah 2013, Chapter 93
76-5-203
, as last amended by Laws of Utah 2022, Chapter 181
76-8-301
, as last amended by Laws of Utah 2020, Chapter 165
ENACTS:
76-5-417
, Utah Code Annotated 1953
76-9-702.9
, Utah Code Annotated 1953
REPEALS:
76-8-801
, as enacted by Laws of Utah 1973, Chapter 196
76-8-802
, as enacted by Laws of Utah 1973, Chapter 196
76-8-803
, as enacted by Laws of Utah 1973, Chapter 196
76-8-804
, as enacted by Laws of Utah 1973, Chapter 196
76-8-805
, as enacted by Laws of Utah 1973, Chapter 196
76-8-806
, as last amended by Laws of Utah 1997, Chapter 296
76-8-807
, as enacted by Laws of Utah 1973, Chapter 196
76-8-808
, as enacted by Laws of Utah 1973, Chapter 196
76-8-809
, as last amended by Laws of Utah 2023, Chapter 435
76-8-810
, as enacted by Laws of Utah 1973, Chapter 196
76-8-811
, as last amended by Laws of Utah 1995, Chapter 20
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-4-102
 is amended to read:
76-4-102.
Attempt -- Classification of offenses.
(1) [
Criminal attempt
] 
A violation of Section 
76-4-101
 where the actor attempts
 to
commit:
(a) (i) a capital felony, or a felony punishable by imprisonment for life without parole,
is a first degree felony;
(ii) except as provided in Subsection (2), [
an attempt to commit
] aggravated murder[
,
]
under
 Section 
76-5-202
, which results in serious bodily injury, is punishable by imprisonment
for an indeterminate term of not fewer than 15 years and which may be for life;
(b) except as provided in Subsection (1)(c) [
or
]
,
 (d), 
or (e),
 a first degree felony is a
second degree felony;
(c) murder under Subsection 
76-5-203
(2)(a) is a first degree felony punishable by
imprisonment for an indeterminate term of not fewer than five years and which may be for life;
[
(c)
] 
(d)
 [
any of
] 
one of the
 the following offenses is a first degree felony 
that is
punishable by imprisonment for an indeterminate term of not fewer than three years and which
may be for life:
[
(i) murder, Subsection 
76-5-203
(2)(a);
]
[
(ii)
] 
(i)
 child kidnapping[
,
] 
under
 Section 
76-5-301.1
; or
[
(iii)
] 
(ii)
 except as provided in Subsection [
(1)(d), any of the felonies
] 
(1)(e), a felony
described in Title 76, Chapter 5, Part 4, Sexual Offenses, that [
are first degree felonies
] 
is a
first degree felony
;
[
(d)
] 
(e)
 except as provided in Subsection (3), [
any
] 
one
 of the following offenses is a
first degree felony[
,
] 
that is
 punishable by [
a term of
] imprisonment 
for an indeterminate term
of not [
less
] 
fewer
 than 15 years and which may be for life:
(i) rape of a child[
,
] 
under
 Section 
76-5-402.1
;
(ii) object rape of a child[
,
] 
under
 Section 
76-5-402.3
; or
(iii) sodomy on a child[
,
] 
under
 Section 
76-5-403.1
;
[
(e)
] 
(f)
 a second degree felony is a third degree felony;
[
(f)
] 
(g)
 a third degree felony is a class A misdemeanor;
[
(g)
] 
(h)
 a class A misdemeanor is a class B misdemeanor;
[
(h)
] 
(i)
 a class B misdemeanor is a class C misdemeanor; and
[
(i)
] 
(j)
 a class C misdemeanor is punishable by a penalty not exceeding one half the
penalty for a class C misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser
term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court
states the reasons for this finding on the record, the court may impose a term of imprisonment
of not less than:
(a) 10 years and which may be for life; or
(b) six years and which may be for life.
(3) If, when imposing a sentence under Subsection [
(1)(d),
] 
(1)(e),
 a court finds that a
lesser term than the term described in Subsection [
(1)(d)
] 
(1)(e)
 is in the interests of justice and
states the reasons for this finding on the record, the court may impose a term of imprisonment
of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.
Section 2. Section 
76-5-203
 is amended to read:
76-5-203.
Murder -- Penalties-- Affirmative defense and special mitigation --
Separate offenses.
(1) (a) As used in this section, "predicate offense" means:
(i) a clandestine drug lab violation under Section 
58-37d-4
 or 
58-37d-5
;
(ii) aggravated child abuse, under Subsection 
76-5-109.2
(3)(a), when the abused
individual is younger than 18 years old;
(iii) kidnapping under Section 
76-5-301
;
(iv) child kidnapping under Section 
76-5-301.1
;
(v) aggravated kidnapping under Section 
76-5-302
;
(vi) rape under Section 
76-5-402
;
(vii) rape of a child under Section 
76-5-402.1
;
(viii) object rape under Section 
76-5-402.2
;
(ix) object rape of a child under Section 
76-5-402.3
;
(x) forcible sodomy under Section 
76-5-403
;
(xi) sodomy upon a child under Section 
76-5-403.1
;
(xii) forcible sexual abuse under Section 
76-5-404
;
(xiii) sexual abuse of a child under Section 
76-5-404.1
;
(xiv) aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xv) aggravated sexual assault under Section 
76-5-405
;
(xvi) arson under Section 
76-6-102
;
(xvii) aggravated arson under Section 
76-6-103
;
(xviii) burglary under Section 
76-6-202
;
(xix) aggravated burglary under Section 
76-6-203
;
(xx) robbery under Section 
76-6-301
;
(xxi) aggravated robbery under Section 
76-6-302
;
(xxii) escape or aggravated escape under Section 
76-8-309
; or
(xxiii) a felony violation of Section 
76-10-508
 or 
76-10-508.1
 regarding discharge of a
firearm or dangerous weapon.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits murder if:
(a) the actor intentionally or knowingly causes the death of another individual;
(b) intending to cause serious bodily injury to another individual, the actor commits an
act clearly dangerous to human life that causes the death of the other individual;
(c) acting under circumstances evidencing a depraved indifference to human life, the
actor knowingly engages in conduct that creates a grave risk of death to another individual and
thereby causes the death of the other individual;
(d) (i) the actor is engaged in the commission, attempted commission, or immediate
flight from the commission or attempted commission of any predicate offense, or is a party to
the predicate offense;
(ii) an individual other than a party described in Section 
76-2-202
 is killed in the
course of the commission, attempted commission, or immediate flight from the commission or
attempted commission of any predicate offense; and
(iii) the actor acted with the intent required as an element of the predicate offense;
(e) the actor recklessly causes the death of a peace officer or military service member
in uniform while in the commission or attempted commission of:
(i) an assault against a peace officer under Section 
76-5-102.4
;
(ii) interference with a peace officer while making a lawful arrest under Section
76-8-305
 if the actor uses force against the peace officer; or
(iii) an assault against a military service member in uniform under Section 
76-5-102.4
;
or
(f) the actor commits a homicide that would be aggravated murder, but the offense is
reduced in accordance with Subsection 
76-5-202
(4).
(3) (a) (i) A violation of Subsection (2) is a first degree felony.
(ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
indeterminate term of not less than 15 years and which may be for life.
(b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
or alternatively, attempted murder, as described in this section are proved beyond a reasonable
doubt, and also finds that the existence of special mitigation is established by a preponderance
of the evidence and in accordance with Section 
76-5-205.5
, the court shall enter a judgment of
conviction as follows:
(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
notwithstanding Subsection 
76-4-102
(1)(b) or [
76-4-102
(1)(c)(i)
] 
76-4-102
(1)(c)
, enter a
judgment of conviction for attempted manslaughter.
(4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
defendant caused the death of another individual or attempted to cause the death of another
individual under a reasonable belief that the circumstances provided a legal justification or
excuse for the conduct although the conduct was not legally justifiable or excusable under the
existing circumstances.
(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
the viewpoint of a reasonable person under the then existing circumstances.
(c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
or alternatively, attempted murder, as described in this section are proved beyond a reasonable
doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
judgment of conviction for manslaughter; or
(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
enter a judgment of conviction for attempted manslaughter.
(5) (a) Any predicate offense that constitutes a separate offense does not merge with
the crime of murder.
(b) An actor who is convicted of murder, based on a predicate offense that constitutes a
separate offense, may also be convicted of, and punished for, the separate offense.
Section 3. Section 
76-5-417
 is enacted to read:
 76-5-417.
Sexual relations with an adult high school student.
(1) (a) As used in this section:
(i) "Actor" means an individual who is 21 years old or older.
(ii) "Adult high school student" means an individual who is 18 to 21 years old and
enrolled at a high school.
(iii) "High school" means a district, charter, or private school that is comprised of
grade 9, 10, 11, or 12.
(iv) "Position of special trust" means the following positions in a high school:
(A) a teacher;
(B) an administrator;
(C) a coach;
(D) a counselor; or
(E) an individual other than an individual listed in Subsections (1)(a)(iii)(A) through
(1)(a)(iii)(D) who occupies a position of authority that enables the individual to exercise undue
influence over an adult high school student.
(v) "Sexual intercourse" means any penetration, however slight, of:
(A) the genitals or anus of an individual by another individual using any body part,
object, or substance; or
(B) the mouth of an individual by another individual's genitals.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits sexual relations with an adult high school student if the actor:
(a) (i) has sexual intercourse with an adult high school student; or
(ii) with the intent to cause substantial emotional or bodily pain to any individual or
with the intent to arouse or gratify the sexual desire of any individual:
(A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high
school student;
(B) touches the breast of a female adult high school student; or
(C) otherwise takes indecent liberties with an adult high school student;
(b) occupies a position of special trust in relation to the adult high school student
described in Subsection (2)(a); and
(c) knows or should have known that the individual with which the actor committed
the acts described in Subsection (2)(a) was an adult high school student.
(3) A violation of Subsection (2) is a third degree felony.
(4) Subsection (2) 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:
(a) Section 
76-5-402
, rape;
(b) Section 
76-5-402.2
, object rape;
(c) Section 
76-5-403
, forcible sodomy;
(d) Section 
76-5-404
, forcible sexual abuse; or
(e) Section 
76-5-405
, aggravated sexual assault.
(5) Any touching, even if accomplished through clothing, is sufficient to constitute the
relevant element of a violation of Subsection (2)(a)(ii).
(6) Consent of an adult high school student to an act described in Subsection (2) is not
a defense to prosecution under this section.
Section 4. Section 
76-8-301
 is amended to read:
76-8-301.
Interference with public servant.
(1) An individual is guilty of interference with a public servant if the individual:
(a) uses force, violence, intimidation, or engages in any other unlawful act with a
purpose to interfere with a public servant performing or purporting to perform an official
function;
(b) obstructs, hinders, conceals, or prevents the lawful service of any legal process,
civil or criminal, by any sheriff, constable, deputy sheriff, deputy constable, peace officer,
private investigator, or any other person authorized to serve legal process; or
(c) on property that is owned, operated, or controlled by the state or a political
subdivision of the state, willfully denies to a public servant lawful:
(i) freedom of movement;
(ii) use of the property or facilities; or
(iii) entry into or exit from the facilities.
(2) Interference with a public servant:
(a) under Subsection (1)(a) or (b) is a class B misdemeanor; and
(b) under Subsection (1)(c) is a class C misdemeanor.
(3) For purposes of this section, "public servant" does not include jurors.
(4) Subsection (1)(c) 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 
76-5-304
, unlawful detention and unlawful detention of a minor.
Section 5. Section 
76-9-702.9
 is enacted to read:
 76-9-702.9.
Indecent exposure of another individual.
(1) (a) As used in this section:
(i) "Health care professional" means the same as that term is defined in Section
53-3-207
.
(ii) "First responder" means the same as that term is defined in Section 
34A-2-102
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits indecent exposure of another individual if the actor exposes in a
public place, without the individual's consent, the individual's:
(a) undergarments intended to cover the individual's genitals, breasts if the individual is
female, buttocks, anus, or pubic area; or
(b) genitals, breast below the top of the areola if the individual is female, buttocks,
anus, or pubic area.
(3) (a) A violation of Subsection (2)(a) is a class B misdemeanor.
(b) A violation of Subsection (2)(b) is a class A misdemeanor.
(4) Subsection (2) does not apply to an actor who engages in conduct that constitutes a
violation of this section to the extent that the actor's conduct is also chargeable for an offense
that carries a greater penalty under Chapter 5, Offenses Against the Individual.
(5) An actor under the age of 18 years old may not be referred to the juvenile court or
prosecuting attorney under this section unless the actor has previously received a written
warning from a law enforcement officer for conduct described in Subsection (2).
(6) This section does not apply to a first responder or health care professional who
removes the clothing of another individual during an emergency to provide medical care to that
individual resulting in the exposure of that individual described in Subsection (2).
Section 6. 
Repealer.
This bill repeals:
Section 
76-8-801
,
Definitions.
Section 
76-8-802
,
Destruction of property to interfere with preparation for defense
or war.
Section 
76-8-803
,
Causing or omitting to note defects in articles used in
preparation for defense or war.
Section 
76-8-804
,
Attempts to commit crimes of sabotage.
Section 
76-8-805
,
Conspiracy to commit crimes of sabotage.
Section 
76-8-806
,
Facts kept secret until complaint filed.
Section 
76-8-807
,
Posting of signs at war or defense facilities -- Entering posted
premises without permission.
Section 
76-8-808
,
Detention and arrest without warrant of unauthorized persons
on posted premises.
Section 
76-8-809
,
Closing or restricting use of highways abutting defense or war
facilities -- Posting of notices.
Section 
76-8-810
,
Violation of order relating to use of highways -- Classification of
offense.
Section 
76-8-811
,
Bargaining rights of employees not impaired by sabotage
prevention laws.
Section 7. 
Effective date.
This bill takes effect on May 1, 2024.