Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 225 (2024GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that a mistake as to the victim's age is not a defense to the offense of Ĥ→ [ :
• ] ←Ĥ unlawfully kissing a child; Ĥ→ [ or
• unlawfully kissing a minor; ] ←Ĥ
• creates the offenses of unlawfully kissing a child and unlawfully kissing a minor;
• establishes criminal penalties; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 25, 2024 at 11:14 AM by housengrossing.
UNLAWFUL KISSING OF A CHILD OR MINOR
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
 Kirk A. Cullimore
LONG TITLE
General Description:
This bill concerns unlawful kissing of a child or minor.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that a mistake as to the victim's age is not a defense to the offense of 
Ĥ→ [
:
•
] ←Ĥ
 unlawfully kissing a child; 
Ĥ→ [
or
• unlawfully kissing a minor;
] ←Ĥ
▸ creates the offenses of unlawfully kissing a child and unlawfully kissing a minor;
▸ establishes criminal penalties; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-2-304.5
, as last amended by Laws of Utah 2022, Chapter 181
76-10-1303
, as last amended by Laws of Utah 2022, Chapter 124
ENACTS:
76-5-416.2
, Utah Code Annotated 1953
76-5-416.4
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-2-304.5
 is amended to read:
76-2-304.5.
Mistake as to victim's age not a defense.
(1) It is not a defense to the [
crime of child kidnapping, a violation of Section
76-5-301.1
; rape of a child, a violation of Section 
76-5-402.1
; object rape of a child, a violation
of Section 
76-5-402.3
; sodomy on a child, a violation of Section 
76-5-403.1
; sexual abuse of a
child, a violation of Section 
76-5-404.1
; aggravated sexual abuse of a child, a violation of
Section 
76-5-404.3
; or an attempt to commit any of these offenses,
] 
following offenses
 that the
actor mistakenly believed the victim to be 14 years old or older at the time of the alleged
offense or was unaware of the victim's true age[
.
]
:
(a) child kidnapping, Section 
76-5-301.1
;
(b) rape of a child, Section 
76-5-402.1
;
(c) object rape of a child, Section 
76-5-402.3
;
(d) sodomy on a child, Section 
76-5-403.1
;
(e) sexual abuse of a child, Section 
76-5-404.1
;
(f) aggravated sexual abuse of a child, Section 
76-5-404.3
;
(g) unlawful kissing of a child, Section 
76-5-416.2
; or
(h) an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).
(2) It is not a defense to the [
crime of unlawful sexual activity with a minor, a violation
of Section 
76-5-401
; sexual abuse of a minor, a violation of Section 
76-5-401.1
; or an attempt
to commit either of these offenses,
] 
following offenses
 that the actor mistakenly believed the
victim to be 16 years old or older at the time of the alleged offense or was unaware of the
victim's true age[
.
]
:
(a) unlawful sexual activity with a minor, Section 
76-5-401
;
(b) sexual abuse of a minor, Section 
76-5-401.1
; or
(c) an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).
(3) It is not a defense to the [
crime of aggravated human trafficking, a violation of
Section 
76-5-310
, aggravated human smuggling, a violation of Section 
76-5-310.1
, or human
trafficking of a child, a violation of Section 
76-5-308.5
,
] 
following offenses
 that the actor
mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or
was unaware of the victim's true age[
.
]
:
(a) human trafficking of a child, Section 
76-5-308.5
;
(b) aggravated human trafficking, Section 
76-5-310
;
(c) aggravated human smuggling, Section 
76-5-310.1
;
(d) unlawful sexual conduct with a minor, Subsection 
76-5-401.2
(2)(a)(ii);
Ĥ→ [
(e) unlawful kissing of a minor, Section 
76-5-416.4
;
(f)
] 
 (e)
 ←Ĥ
patronizing a prostitute, Section 
76-10-1303
;
Ĥ→ [
(g)
] 
 (f)
 ←Ĥ
aggravated exploitation of prostitution, Section 
76-10-1306
; or
Ĥ→ [
(h)
] 
 (g)
 ←Ĥ
sexual solicitation, Section 
76-10-1313
.
[
(4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation
of Subsection 
76-5-401.2
(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years
old or older at the time of the alleged offense or was unaware of the victim's true age.
]
[
(5) It is not a defense to any of the following crimes that the actor mistakenly believed
the victim to be 18 years old or older at the time of the alleged offense or was unaware of the
victim's true age:
]
[
(a) patronizing a prostitute, a violation of Section 
76-10-1303
;
]
[
(b) aggravated exploitation of a prostitute, a violation of Section 
76-10-1306
; or
]
[
(c) sexual solicitation, a violation of Section 
76-10-1313
.
]
Section 2. Section 
76-5-416.2
 is enacted to read:
 76-5-416.2.
Unlawful kissing of a child.
(1) (a) As used in this section, "child" means an individual who is under 14 years old.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits unlawful kissing of a child if the actor:
(a) is 18 years old or older; and
(b) intentionally or knowingly:
(i) kisses a child on the child's mouth; and
(ii) penetrates the minor's mouth with the actor's tongue.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) Any penetration, however slight, of the mouth of the child by the actor's tongue is
sufficient to constitute a violation of this section.
Section 3. Section 
76-5-416.4
 is enacted to read:
 76-5-416.4.
Unlawful kissing of a minor.
(1) (a) As used in this section, "minor" means an individual who is 14 years old or
older but younger than 18 years old.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits unlawful kissing of a minor if the actor:
(a) intentionally or knowingly:
(i) kisses a minor on the minor's mouth; and
(ii) penetrates the minor's mouth with the actor's tongue; and
(b) is older than the minor by 10 years or more.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) Any penetration, however slight, of the mouth of the minor by the actor's tongue is
sufficient to constitute a violation of this section.
Section 4. Section 
76-10-1303
 is amended to read:
76-10-1303.
Patronizing a prostitute.
(1) An actor is guilty of patronizing a prostitute if the actor:
(a) pays or offers or agrees to pay a prostituted individual, or an individual the actor
believes to be a prostituted individual, a fee, or the functional equivalent of a fee, for the
purpose of engaging in an act of sexual activity; or
(b) enters or remains in a place of prostitution for the purpose of engaging in sexual
activity.
(2) Patronizing a prostitute is a class A misdemeanor, except as provided in Subsection
(3), (4), or (5) or Section 
76-10-1309
.
(3) A violation of this section that is preceded by a conviction under this section or a
conviction under a local ordinance adopted under Section 
76-10-1307
 is a class A
misdemeanor.
(4) A third violation of this section or a local ordinance adopted under Section
76-10-1307
 is a third degree felony.
(5) (a) Except as provided in Subsection (5)(d), if the patronizing of a prostitute under
Subsection (1)(a) involves a child as the other individual, a violation of Subsection (1)(a) is a
second degree felony.
(b) In accordance with [
Subsection 
76-2-304.5
(5)(a)
] 
Section 
76-2-304.5
, it is not a
defense to a prosecution under Subsection (5)(a) that the actor mistakenly believed the
individual to be 18 years old or older at the time of the offense or was unaware of the
individual's true age.
(c) An actor's belief that the individual was under 18 years old at the time of the
offense, even if the individual was 18 years old or older, is a violation of Subsection (5)(a).
(d) If the act committed under Subsection (5)(a) amounts to an offense that is subject to
a greater penalty under another provision of state law than is provided under Subsection (5)(a),
this Subsection (5) does not prohibit prosecution and sentencing for the more serious offense.
(6) Upon a conviction for a violation of this section, the court shall order:
(a) the maximum fine amount and may not waive or suspend the fine; and
(b) the defendant to pay for and complete a court-approved educational program about
the negative effects on an individual involved with prostitution or human trafficking.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.