Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 13 (2025GS)

Sponsor

Rep. Wilcox, Ryan D.

Final action

Governor Signed 2/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the crime of sexual extortion to include the act of threatening to distribute a counterfeit intimate image; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

5
76-5b-204
Sexual Extortion Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill amends the crime of sexual extortion.
Highlighted Provisions:
This bill:
amends the crime of sexual extortion to include the act of threatening to distribute a 
counterfeit intimate image; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
76-5b-204
, (Effective upon governor's approval) as last amended by Laws of Utah 2024, 
Chapter 127
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-5b-204
 is amended to read:
76-5b-204 (Effective upon governor's approval). Sexual extortion.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means any individual under 
the age of 
18
 years old
.
(iii)
"Counterfeit intimate image" means the same as that term is defined in Section 
76-5b-205
.
(iii)
(iv)
"Intimate image" means the same as that term is defined in Section 
76-5b-203
.
(iv)
(v)
"Position of special trust" means the same as that term is defined in Section 
76-5-404.1
.
(v)
(vi)
"Sexually explicit conduct" means the same as that term is defined in 
Section 
76-5b-203
.
(vi)
(vii)
"Simulated sexually explicit conduct" means the same as that term is 
defined in Section 
76-5b-203
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits the offense of sexual extortion if the actor:
(i)
with an intent to coerce a victim to engage in sexual contact, in sexually explicit 
conduct, or in simulated sexually explicit conduct, or to produce, provide, or 
distribute an image, video, or other recording of any individual naked or engaged 
in sexually explicit conduct, communicates by any means a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image
, counterfeit intimate image,
 or video of the 
victim;
(ii)
knowingly causes a victim to engage in sexual contact, in sexually explicit 
conduct, or in simulated sexually explicit conduct, or to produce, provide, or 
distribute any image, video, or other recording of any individual naked or engaged 
in sexually explicit conduct by means of a threat:
(A)
to the victim's person, property, or reputation; or
(B)
to distribute an intimate image
, counterfeit intimate image,
 or video of the 
victim; or
(iii)
with intent to obtain a thing of value from a victim communicates, by any means, 
a threat to distribute an intimate image
, counterfeit intimate image,
 or video of the 
victim.
(b)
An actor commits aggravated sexual extortion when, in conjunction with the offense 
described in Subsection (2)(a), any of the following circumstances have been charged 
and admitted or found true in the action for the offense:
(i)
the victim is a child or vulnerable adult;
(ii)
the offense was committed by the use of a dangerous weapon or by violence, 
intimidation, menace, fraud, or threat of physical harm, or was committed during 
the course of a kidnapping;
(iii)
the actor caused bodily injury or severe psychological injury to the victim during 
or as a result of the offense;
(iv)
the actor was a stranger to the victim or became a friend of the victim for the 
purpose of committing the offense;
(v)
the actor, before sentencing for the offense, was previously convicted of any 
sexual offense;
(vi)
the actor occupied a position of special trust in relation to the victim;
(vii)
the actor encouraged, aided, allowed, or benefitted from acts of prostitution or 
sexual acts by the victim with any other individual, or sexual performance by the 
victim before any other individual, human trafficking, or human smuggling; or
(viii)
the actor caused the penetration, however slight, of the genital or anal opening 
of the victim by any part or parts of the human body, or by any other object.
(3)
(a)
If the actor is an adult:
(i)
A violation of Subsection (2)(a) is a third degree felony.
(ii)
A violation of Subsection (2)(b) in which the victim is an adult is a second degree 
felony.
(iii)
A violation of Subsection (2)(b) in which the victim is a child or a vulnerable 
adult is a first degree felony.
(b)
If the actor is a child:
(i)
A violation of Subsection (2)(a) is a class A misdemeanor.
(ii)
A violation of Subsection (2)(b) is a third degree felony if there is more than a 
two-year age gap between the actor and the victim.
(c)
An actor commits a separate offense under this section:
(i)
for each victim the actor subjects to the offense outlined in Subsection (2)(a); and
(ii)
for each separate time the actor subjects a victim to the offense outlined 
Subsection (2)(a).
(d)
This section does not preclude an actor from being charged and convicted of a 
separate criminal act if the actor commits the separate criminal act while the 
individual violates or attempts to violate this section.
(4)
An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to 
liability under this section related to content provided by a user of the interactive 
computer service.
Section 2. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), May 7, 2025; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
2-19-25 10:54 AM