Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 22 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• adds and modifies definitions;
• reorganizes provisions concerning prostitution and related offenses;
• for clarity, revises names of certain prostitution-related offenses;
• for clarity, provides that a child may not be prosecuted for engaging in sexual solicitation or prostitution;
• separates existing prostitution-related offenses into separate offenses based on the ages of the individuals involved;
• provides new penalties for child offenders of certain prostitution-related offenses that are based on the age of the child offender;
• for clarity, revises the offense of engaging in prostitution or sexual solicitation as an HIV positive offender;
• adds several prostitution-related offenses to the list of offenses for which a minor may not receive a nonjudicial adjustment;
• includes a coordination clause to explain that amendments to certain sections in this bill will supersede amendments to those sections in H.B. 21, Criminal Code Recodification and Cross References, if both bills pass and become law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

49
10-8-41.5
26B-2-120
26B-7-205
76-1-301
76-2-304.5
76-3-203.1
76-3-203.5
76-10-1301
76-10-1307
76-10-1311
76-10-1312
76-10-1314
76-10-1315
76-5d-201
76-10-1302
76-10-1303
76-5d-204
76-5d-205
76-10-1304
76-10-1305
76-10-1306
76-10-1313
76-5d-210
76-5d-211
76-10-1309
76-10-1308
76-10-1310
76-10-1602
77-23a-8
77-38-3
77-41-102
77-41-106
78B-6-1101
78B-6-1107
78B-9-104
80-2-301
80-6-303.5
80-6-1002
HB0022
HB0021
76-5d-201
76-5d-204
76-5d-210
26B-7-205
76-2-304.5
76-10-1301
76-10-1307
76-10-1309
76-10-1311
76-10-1312
76-10-1313
76-10-1314
80-2-301
80-6-1002
0
Prostitution Offense Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill reorganizes and amends provisions concerning prostitution and related offenses.
Highlighted Provisions:
This bill:
adds and modifies definitions;
reorganizes provisions concerning prostitution and related offenses;
for clarity, revises names of certain prostitution-related offenses;
for clarity, provides that a child may not be prosecuted for engaging in sexual solicitation 
or prostitution;
separates existing prostitution-related offenses into separate offenses based on the ages of 
the individuals involved;
provides new penalties for child offenders of certain prostitution-related offenses that are 
based on the age of the child offender; 
for clarity, revises the offense of engaging in prostitution or sexual solicitation as an HIV 
positive offender; 
adds several prostitution-related offenses to the list of offenses for which a minor may not 
receive a nonjudicial adjustment; 
includes a coordination clause to explain that amendments to certain sections in this bill 
will supersede amendments to those sections in H.B. 21, Criminal Code Recodification 
and Cross References, if both bills pass and become law; 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:
10-8-41.5
, as last amended by Laws of Utah 2019, Chapter 303
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
26B-7-205
, as renumbered and amended by Laws of Utah 2023, Chapter 308
76-1-301
, as last amended by Laws of Utah 2024, Chapter 96
76-2-304.5
, as last amended by Laws of Utah 2024, Chapter 140
76-3-203.1
, as last amended by Laws of Utah 2024, Chapter 96
76-3-203.5
, as last amended by Laws of Utah 2024, Chapters 96, 179
76-10-1602
, as last amended by Laws of Utah 2024, Chapter 96
77-23a-8
, as last amended by Laws of Utah 2024, Chapters 96, 301
77-38-3
, as last amended by Laws of Utah 2024, Chapter 240
77-41-102
, as last amended by Laws of Utah 2024, Chapter 234
77-41-106
, as last amended by Laws of Utah 2024, Chapter 234
78B-6-1101
, as last amended by Laws of Utah 2021, Chapter 207
78B-6-1107
, as last amended by Laws of Utah 2021, Chapter 207
78B-9-104
, as last amended by Laws of Utah 2023, Chapters 111, 448
80-2-301
, as last amended by Laws of Utah 2024, Chapters 240, 307
80-6-303.5
, as last amended by Laws of Utah 2024, Chapter 301
80-6-1002
, as last amended by Laws of Utah 2023, Chapter 115
ENACTS:
76-5d-201
, Utah Code Annotated 1953
76-5d-204
, Utah Code Annotated 1953
76-5d-205
, Utah Code Annotated 1953
76-5d-210
, Utah Code Annotated 1953
76-5d-211
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
76-5d-101
, (Renumbered from 76-10-1301, as last amended by Laws of Utah 2022, 
Chapter 124)
76-5d-102
, (Renumbered from 76-10-1307, as enacted by Laws of Utah 1991, 
Chapter 107)
76-5d-103
, (Renumbered from 76-10-1311, as last amended by Laws of Utah 2023, 
Chapters 184, 330)
76-5d-104
, (Renumbered from 76-10-1312, as last amended by Laws of Utah 2023, 
Chapter 330)
76-5d-105
, (Renumbered from 76-10-1314, as enacted by Laws of Utah 1993, 
Chapter 179)
76-5d-106
, (Renumbered from 76-10-1315, as last amended by Laws of Utah 2022, 
Chapters 124, 181 and 335)
76-5d-202
, (Renumbered from 76-10-1302, as last amended by Laws of Utah 2023, 
Chapter 111)
76-5d-203
, (Renumbered from 76-10-1303, as last amended by Laws of Utah 2024, 
Chapter 140)
76-5d-206
, (Renumbered from 76-10-1304, as last amended by Laws of Utah 2018, 
Chapter 308)
76-5d-207
, (Renumbered from 76-10-1305, as last amended by Laws of Utah 2018, 
Chapter 308)
76-5d-208
, (Renumbered from 76-10-1306, as last amended by Laws of Utah 2022, 
Chapter 181)
76-5d-209
, (Renumbered from 76-10-1313, as last amended by Laws of Utah 2022, 
Chapters 124, 181 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 124)
76-5d-212
, (Renumbered from 76-10-1309, as last amended by Laws of Utah 2011, 
Chapter 70)
REPEALS:
76-10-1308
, as enacted by Laws of Utah 1991, Chapter 107
76-10-1310
, as last amended by Laws of Utah 2011, Chapter 70
Utah Code Sections Affected by Coordination Clause:
AMENDS:
26B-7-205
, as renumbered and amended by Laws of Utah 2023, Chapter 308
76-2-304.5
, as last amended by Laws of Utah 2024, Chapter 140
76-5d-201
, Utah Code Annotated 1953
76-5d-204
, Utah Code Annotated 1953
76-5d-210
, Utah Code Annotated 1953
76-10-1301
, (Renumbered from 76-10-1301, as last amended by Laws of Utah 2022, 
Chapter 124)
76-10-1307
, (Renumbered from 76-10-1307, as enacted by Laws of Utah 1991, 
Chapter 107)
76-10-1309
, (Renumbered from 76-10-1309, as last amended by Laws of Utah 2011, 
Chapter 70)
76-10-1311
, (Renumbered from 76-10-1311, as last amended by Laws of Utah 2023, 
Chapters 184, 330)
76-10-1312
, (Renumbered from 76-10-1312, as last amended by Laws of Utah 2023, 
Chapter 330)
76-10-1313
, (Renumbered from 76-10-1313, as last amended by Laws of Utah 2022, 
Chapters 124, 181 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 124)
76-10-1314
, (Renumbered from 76-10-1314, as enacted by Laws of Utah 1993, 
Chapter 179)
80-2-301
, as last amended by Laws of Utah 2024, Chapters 240, 307
80-6-1002
, as last amended by Laws of Utah 2023, Chapter 115
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-8-41.5
 is amended to read:
10-8-41.5
. Regulation of sexually oriented business.
(1)
As used in this section:
(a)
"Adult service" means dancing, serving food or beverages, modeling, posing, 
wrestling, singing, reading, talking, listening, or other performances or activities 
conducted by a nude or partially denuded individual for compensation.
(b)
"Compensation" means:
(i)
a salary;
(ii)
a fee;
(iii)
a commission;
(iv)
employment;
(v)
a profit; or
(vi)
other pecuniary gain.
(c)
(i)
"Escort" means a person who, for compensation, dates, socializes with, visits, 
consorts with, or accompanies another, or offers to date, consort with, socialize 
with, visit, or accompany another:
(A)
to a social affair, entertainment, or a place of amusement; or
(B)
within a place of public or private resort, a business or commercial 
establishment, or a private quarter.
(ii)
"Escort" does not mean a person who provides business or personal services, 
including:
(A)
a licensed private nurse;
(B)
an aide for the elderly or a person with a disability;
(C)
a social secretary or similar service personnel whose relationship with a patron 
is characterized by a contractual relationship having a duration of 12 hours or 
more and who provides a service not principally characterized as dating or 
socializing; or
(D)
a person who provides services such as singing telegrams, birthday greetings, 
or similar activities that are characterized by an appearance in a public place, 
contracted for by a party other than the person for whom the service is being 
performed, and of a duration not to exceed one hour.
(d)
"Escort service" means any person who furnishes or arranges for an escort to 
accompany another individual for compensation.
(e)
"Nude or partially denuded individual" means an individual with any of the 
following less than completely and opaquely covered:
(i)
genitals;
(ii)
the pubic region; or
(iii)
a female breast below a point immediately above the top of the areola.
(f)
(i)
"Sexually oriented business" means a business at which any nude or partially 
denuded individual, regardless of whether the nude or partially denuded individual 
is an employee of the sexually oriented business or an independent contractor, 
performs any service for compensation.
(ii)
"Sexually oriented business" includes:
(A)
an escort service; or
(B)
an adult service.
(2)
A person employed in a sexually oriented business may not work in a municipality if:
(a)
the municipality requires that a person employed in a sexually oriented business 
obtain an individual license; and
(b)
the person has not obtained an individual license from the municipality.
(3)
A business entity that conducts a sexually oriented business may not conduct business 
in a municipality if:
(a)
the municipality requires that a sexually oriented business obtain a license; and
(b)
the business entity has not obtained a license from the municipality.
(4)
(a)
A violation of this section by an individual who is at least 18 years old is a class A 
misdemeanor.
(b)
A person charged under this section may not also be charged under Section 
76-10-1302
76-5d-202
, Engaging in prostitution
.
Section 2, Section 
26B-2-120
 is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification, 
contract, or licensee with the department under this part and has direct access, 
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for 
an adoption in accordance with Section 
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent 
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section 
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member 
with a disability, or is in recovery from a mental illness or a substance use 
disorder;
(G)
an individual who has lived experience with the services provided by the 
department, and uses that lived experience to provide support, guidance, or 
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under 
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in 
the practice of mental health therapy, as defined in Section 
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service, 
who is 12 years old or older and resides in a home, that is licensed or certified 
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification, 
contract, or licensee with the department under this part and has or will likely 
have direct access;
(K)
a foster home licensee that submits an application for an annual background 
screening as required by Subsection 
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family 
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the 
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for 
People with Disabilities, if the parent provides direct care to and resides with 
the person, including if the parent provides direct care to and resides with the 
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults 
only substance use disorder program, as defined by rule adopted by the 
Department of Health and Human Services in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program 
director or a member, as defined by Section 
26B-2-105
, of the program.
(b)
"Application" means a background check 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)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense; 
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will 
have the opportunity for personal communication or touch with the child or 
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal 
identifying information of the child, the child's parent or legal guardian, or the 
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination 
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's 
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and 
never overnight, for a foster child. 
(h)
"Licensee" means an individual or a human services program licensed by the 
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System 
described in Section 
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"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)
Except as provided in Subsection (12), an applicant or a representative shall submit the 
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section 
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or 
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a 
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for 
monitoring and notification as described in Subsections (3)(c) and (4);
(d)
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 
Subsections (2)(a) through (c) is submitted to the office, 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; and
(e)
an application showing an applicant's association with a certification, contract, or a 
licensee with the department, for the purpose of the office tracking the direct access 
qualified status of the applicant, which expires 180 days after the date on which the 
applicant is no longer associated with a certification, contract, or a licensee with the 
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant 
before the office grants or denies direct access qualified status to 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 Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national 
sex offender registry for an applicant 18 years old or older;
(v)
if the applicant is associated with a licensee for a prospective foster or adoptive 
parent, search the Division of Child and Family Services' Management 
Information System described in Section 
80-2-1001
;
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, 
or exploitation database described in Section 
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse 
or neglect described in Section 
80-3-404
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as 
provided under Section 
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining 
whether an applicant is direct access qualified, 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;
(c)
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;
(d)
shall track the status of an applicant under this section to ensure that the applicant is 
not required to duplicate the submission of the applicant's fingerprints if the applicant 
is associated with more than one certification, contract, or licensee with the 
department;
(e)
shall notify the bureau when a direct access qualified individual has not been 
associated with a certification, contract, or licensee with the department for a period 
of 180 days;
(f)
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);
(g)
as necessary to comply with the federal requirement to check a state's child abuse 
and neglect registry regarding any applicant working in a congregate care program, 
shall:
(i)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
; 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 application is submitted to the office; and
(h)
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)(c), 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
bureau
 shall notify and release to the office all information of criminal 
activity associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer 
be associated with a certification, contract, or licensee with the department, 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)
Except as provided in Subsection (5)(b), the office shall deny direct access 
qualified status to an applicant who, within three years from the date on which the 
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery, 
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor 
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section 
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
(F)
an offense included in Title 76, Chapter 5, Offenses Against the Individual;
(G)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
(H)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(I)
an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(J)
an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass 
Destruction;
(K)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking 
Injunctions;
(L)
aggravated arson, as described in Section 
76-6-103
;
(M)
aggravated burglary, as described in Section 
76-6-203
;
(N)
aggravated exploitation of prostitution, as described in Section 
76-10-1306
76-5d-208
;
(O)
aggravated robbery, as described in Section 
76-6-302
;
(P)
endangering persons in a human services program, as described in Section 
26B-2-113
;
(Q)
failure to report, as described in Section 
80-2-609
;
(R)
identity fraud crime, as described in Section 
76-6-1102
;
(S)
leaving a child unattended in a motor vehicle, as described in Section 
76-10-2202
;
(T)
riot, as described in Section 
76-9-101
;
(U)
sexual battery, as described in Section 
76-9-702.1
; or
(V)
threatening with or using a dangerous weapon in a fight or quarrel, as 
described in Section 
76-10-506
; or
(ii)
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 Subsection 
(5)(a)(i).
(b)
(i)
Subsection (5)(a) does not apply to an applicant who is seeking a position as a 
peer support provider or a mental health professional, if the applicant provides 
services in a program that serves only adults with a primary mental health 
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in 
Subsection (5)(b)(i) in accordance with Subsection (7).
(c)
The office shall deny direct access qualified status to an applicant if the office finds 
that a court order prohibits the applicant from having direct access to a child or 
vulnerable adult.
(6)
The office shall conduct a comprehensive review of an applicant's background check if 
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from 
the date on which the office conducts the background check, for an offense described 
in Subsection 
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on 
which the office conducts the background check for an offense not described in 
Subsection (5)(a);
(c)
has a felony charge or conviction that is more than 10 years from the date on which 
the office conducts the background check, for an offense not described in Subsection 
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or 
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than 
three years and no more than 10 years from the date on which the office conducts the 
background check for an offense described in Subsection 
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10 
years from the date on which the office conducts the background check, for an 
offense described in Subsection 
(5)(a)
, with criminal or non-criminal findings after 
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the 
date on which the office conducts the background check for an offense not described 
in Subsection (5)(a);
(g)
has a misdemeanor charge or conviction that is more than three years from the date 
on which the office conducts the background check, for an offense not described in 
Subsection 
(5)
(a), with criminal or non-criminal findings after the date of charge or 
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense 
described in Subsection (5)(a);
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex 
offender registry;
(j)
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:
(i)
under 28 years old; or
(ii)
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);
(k)
has a pending charge for an offense described in Subsection (5)(a);
(l)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section ;
(m)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
, with criminal or 
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on 
which the office conducts the background check of severe child abuse or neglect 
under Section 
80-3-404
 or 
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which 
the office conducts the background check of severe child abuse or neglect under 
Section 
80-3-404
 or 
80-3-504
, with criminal or non-criminal findings after the date of 
the listing.
(7)
(a)
The comprehensive review 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)
if the background check of an applicant is being conducted for the purpose of 
giving direct access qualified status to an applicant seeking a position in a 
congregate care program or to become a prospective foster or adoptive parent, any 
listing in the Division of Child and Family Services' Management Information 
System described in Section 
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access 
qualified status to an applicant if the office finds the approval would likely create a 
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied 
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant, 
for a maximum of 60 days after the day on which the office sends written notice, 
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 grant direct access qualified status to the applicant under this 
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a 
maximum of one year after the day on which the office sends written notice, 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 grant direct access qualified status to the applicant under this 
section.
(c)
Upon receiving the results of the criminal history search of a national criminal 
background database, the office shall grant or deny direct access qualified status to 
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review 
the current status of the applicant's background check to ensure the applicant is still 
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a 
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the 
vulnerable adult;
(ii)
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;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who 
voluntarily invites the individual to visit; or
(iv)
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. 
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct 
access qualified status shall not have direct access to a child or vulnerable adult 
unless the office grants direct access qualified status to the applicant through a 
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may 
request a hearing in the department's Office of Administrative Hearings to challenge the 
office's decision.
(12)
(a)
This Subsection 
(12)
 applies to an applicant associated with a certification, 
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section 
26B-2-105
, of the licensee 
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis, 
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background 
check, the applicant has a felony or misdemeanor charge or conviction or a 
non-criminal finding.
(13)
(a)
This Subsection 
(13)
 applies to an applicant seeking a position in a congregate 
care program, an applicant seeking to provide a prospective foster home, an applicant 
seeking to provide a prospective adoptive home, and each adult living in the home of 
the prospective foster or prospective adoptive home.
(b)
As federally required, 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 or adoptive parent, to determine whether the prospective 
foster or adoptive parent is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the 
child abuse and neglect registry in each state where each adult living in the home 
of the prospective foster or adoptive home resided in the five years immediately 
preceding the day on which the applicant applied to be a foster 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.
(c)
The requirements described in Subsection (13)(b) 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 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, 
or 
80-3-303
, pending completion of the background check described in 
Subsections (5), (6), and (7).
(d)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
;
(C)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
intentional aggravated abuse of a vulnerable adult, as described in Section 
76-5-111
;
(E)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
aggravated murder, as described in Section 
76-5-202
;
(G)
murder, as described in Section 
76-5-203
;
(H)
manslaughter, as described in Section 
76-5-205
;
(I)
child abuse homicide, as described in Section 
76-5-208
;
(J)
homicide by assault, as described in Section 
76-5-209
;
(K)
kidnapping, as described in Section 
76-5-301
;
(L)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(P)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual 
Exploitation Act;
(Q)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
aggravated arson, as described in Section 
76-6-103
;
(S)
aggravated burglary, as described in Section 
76-6-203
;
(T)
aggravated robbery, as described in Section 
76-6-302
;
(U)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
incest, as described in Section 
76-7-102
; or
(W)
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 (13)(d)(i).
(e)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status to an applicant if, within the five years from the date on which the 
office conducts the background check, 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.
(f)
In addition to the circumstances described in Subsection (6), the office shall conduct 
a comprehensive review of an applicant's background check under this section if the 
applicant:
(i)
has an offense described in Subsection 
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years 
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information 
System described in Section 
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult, 
neglect, or exploitation database described in Section 
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
 or 
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection 
(13)(b)
 as having a 
substantiated or supported finding of a severe type of child abuse or neglect, as 
defined in Section 
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive 
review described in Subsections (6), (7), and (13); and
(b)
determine whether to consider an offense or incident that occurred while an 
individual was in the custody of the Division of Child and Family Services or the 
Division of Juvenile Justice and Youth Services for purposes of granting or denying 
direct access qualified status to an applicant.
Section 3, Section 
26B-7-205
 is amended to read:
26B-7-205
. Willful introduction of communicable disease a misdemeanor.
Any person who willfully or knowingly introduces any communicable or infectious 
disease into any county, municipality, or community is guilty of a class A misdemeanor, 
except as provided in Section 
76-10-1309
76-5d-212
.
Section 4, Section 
76-1-301
 is amended to read:
76-1-301
. Offenses for which prosecution may be commenced at any time.
(1)
As used in this section:
(a)
"Aggravating offense" means any offense incident to which a homicide was 
committed as described in Subsection 
76-5-202
(2)(a)(iv) or (v) or Subsection 
76-5-202
(2)(b).
(b)
"Predicate offense" means an offense described in Subsection 
76-5-203
(1)(a) if a 
person other than a party as defined in Section 
76-2-202
 was killed in the course of 
the commission, attempted commission, or immediate flight from the commission or 
attempted commission of the offense.
(2)
Notwithstanding any other provisions of this code, prosecution for the following 
offenses may be commenced at any time:
(a)
an offense classified as a capital felony under Section 
76-3-103
;
(b)
aggravated murder under Section 
76-5-202
;
(c)
murder under Section 
76-5-203
;
(d)
manslaughter under Section 
76-5-205
;
(e)
child abuse homicide under Section 
76-5-208
;
(f)
aggravated kidnapping under Section 
76-5-302
;
(g)
child kidnapping under Section 
76-5-301.1
;
(h)
rape under Section 
76-5-402
;
(i)
rape of a child under Section 
76-5-402.1
;
(j)
object rape under Section 
76-5-402.2
;
(k)
object rape of a child under Section 
76-5-402.3
;
(l)
forcible sodomy under Section 
76-5-403
;
(m)
sodomy on a child under Section 
76-5-403.1
;
(n)
sexual abuse of a child under Section 
76-5-404.1
;
(o)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(p)
aggravated sexual assault under Section 
76-5-405
;
(q)
any predicate offense to a murder or aggravating offense to an aggravated murder;
(r)
aggravated human trafficking under Section 
76-5-310
;
(s)
aggravated human smuggling under Section 
76-5-310.1
;
(t)
aggravated exploitation of prostitution involving a child under Section 
76-10-1306
76-5d-208
; or
(u)
human trafficking of a child under Section 
76-5-308.5
.
Section 5, 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 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 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 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);
(e)
patronizing 
a prostitute, Section 
76-10-1303
a prostituted individual who is a child, 
Section 
76-5d-204
;
(f)
aggravated exploitation of prostitution, Section 
76-10-1306
76-5d-208
; or
(g)
sexual solicitation
, Section 
76-10-1313
 by an actor offering compensation to a 
child in exchange for sexual activity, Section 
76-5d-211
.
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 described in Section 
76-6-106
;
(ii)
property damage or destruction as described in Section 
76-6-106.1
; and
(iii)
defacement by graffiti as described 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
(3)(b);
(ii)
any offense of obstructing government operations under 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 under Section 
76-8-508
;
(iv)
retaliation against a witness, victim, or informant, or other violation of Section 
76-8-508.3
;
(v)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vi)
extortion or bribery to dismiss a criminal proceeding as defined in Section 
76-8-509
;
(vii)
any weapons offense under Chapter 10, Part 5, Weapons; and
(viii)
any violation of 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 Chapter 5, Part 1, Assault and Related Offenses;
(ii)
any criminal homicide offense under Chapter 5, Part 2, Criminal Homicide;
(iii)
kidnapping and related offenses under Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling;
(iv)
any felony sexual offense under 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
;
(vii)
robbery and aggravated robbery under Chapter 6, Part 3, Robbery; and
(viii)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
.
(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)
arson as described in Section 
76-6-102
;
(B)
causing a catastrophe as described in Subsection 
76-6-105
(3)(a) or (3)(b);
(C)
criminal mischief as described in Section 
76-6-106
;
(D)
aggravated arson as described in Section 
76-6-103
;
(E)
assault by prisoner as described in Section 
76-5-102.5
;
(F)
disarming a police officer as described in Section 
76-5-102.8
;
(G)
aggravated assault as described in Section 
76-5-103
;
(H)
aggravated assault by prisoner as described in Section 
76-5-103.5
;
(I)
mayhem as described in Section 
76-5-105
;
(J)
stalking as described in Subsection 
76-5-106.5
(2);
(K)
threat of terrorism as described in Section 
76-5-107.3
;
(L)
aggravated child abuse as described in Subsection 
76-5-109.2
(3)(a) or (b);
(M)
commission of domestic violence in the presence of a child as described in 
Section 
76-5-114
;
(N)
abuse or neglect of a child with a disability as described in Section 
76-5-110
;
(O)
abuse or exploitation of a vulnerable adult as described in Section 
76-5-111
, 
76-5-111.2
, 
76-5-111.3
, or 
76-5-111.4
;
(P)
endangerment of a child or vulnerable adult as described in Section 
76-5-112.5
;
(Q)
an offense described in Chapter 5, Part 2, Criminal Homicide;
(R)
kidnapping as described in Section 
76-5-301
;
(S)
child kidnapping as described in Section 
76-5-301.1
;
(T)
aggravated kidnapping as described in Section 
76-5-302
;
(U)
rape as described in Section 
76-5-402
;
(V)
rape of a child as described in Section 
76-5-402.1
;
(W)
object rape as described in Section 
76-5-402.2
;
(X)
object rape of a child as described in Section 
76-5-402.3
;
(Y)
forcible sodomy as described in Section 
76-5-403
;
(Z)
sodomy on a child as described in Section 
76-5-403.1
;
(AA)
forcible sexual abuse as described in Section 
76-5-404
;
(BB)
sexual abuse of a child as described in Section 
76-5-404.1
;
(CC)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(DD)
aggravated sexual assault as described in Section 
76-5-405
;
(EE)
sexual exploitation of a minor as described in Section 
76-5b-201
;
(FF)
aggravated sexual exploitation of a minor as described in Section 
76-5b-201.1
;
(GG)
sexual exploitation of a vulnerable adult as described in Section 
76-5b-202
;
(HH)
burglary as described in Subsection 
76-6-202
(3)(b);
(II)
aggravated burglary as described in Section 
76-6-203
;
(JJ)
robbery as described in Section 
76-6-301
;
(KK)
aggravated robbery as described in Section 
76-6-302
;
(LL)
theft by extortion as described in Subsection 
76-6-406
(1)(a)(i) or (1)(a)(ii);
(MM)
tampering with a witness as described in Section 
76-8-508
;
(NN)
retaliation against a witness, victim, or informant as described in Section 
76-8-508.3
;
(OO)
tampering or retaliating against a juror as described in Subsection 
76-8-508.5
(2)(a)(iii);
(PP)
extortion to dismiss a criminal proceeding as described in Subsection 
76-6-406
(1)(a)(i), (ii), or (ix);
(QQ)
possession, use, or removal of explosive, chemical, or incendiary devices as 
described in Subsections 
76-10-306
(3) through (6);
(RR)
unlawful delivery of explosive, chemical, or incendiary devices as described 
in Section 
76-10-307
;
(SS)
purchase or possession of a dangerous weapon or handgun by a restricted 
person as described in Section 
76-10-503
;
(TT)
aggravated exploitation of prostitution as described in Subsection 
76-10-1306
(1)(a)
76-5d-208(2)(a)
;
(UU)
bus hijacking as described in Section 
76-10-1504
; and
(VV)
discharging firearms and hurling missiles as described in 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 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 
76-5d-101
, which is renumbered from Section 76-10-1301 is renumbered 
and amended to read:
5d. PROSTITUTION
1. General Provisions
76-10-1301
76-5d-101
. Definitions.
As used in this 
part
chapter
:
(1)
"Adult" is an individual who is 18 years old or older.
(2)
"Child" is an individual younger than 18 years old.
(2)
"Place of prostitution" means a place or business where prostitution or promotion of 
prostitution is arranged, regularly carried on, or attempted by one or more individuals 
under the control, management, or supervision of another.
(3)
"HIV infection" means an indication of a Human Immunodeficiency Virus (HIV) 
infection determined by current medical standards and detected by any of the following:
(a)
presence of antibodies to HIV, verified by a positive confirmatory test, such as 
Western blot with an interpretation based on criteria currently recommended by the 
Association of State and Territorial Public Health Laboratory Directors or another 
confirmatory test approved by the Utah State Health Laboratory;
(b)
presence of HIV antigen;
(c)
isolation of HIV; or
(d)
demonstration of HIV proviral DNA.
(4)
"HIV positive individual" means an individual who has an HIV infection.
(5)
"Local law enforcement agency" means an agency responsible for investigating 
violations of offenses in Part 2, General Offenses, the filing of charges that may lead to 
convictions, and the conducting of, or obtaining the results of, tests for HIV infection.
(6)
"Positive" means an indication of HIV infection.
(7)
"Prostitute" or "prostituted
"Prostituted
 individual" means an individual engaged in 
an 
activity described in Subsection 
76-10-1302(1)
 or 
76-10-1313(1)(a)
, 
(c)
, 
(d)
, or 
(f)
prostitution or sexual solicitation
.
(8)
"Prostitution" means engaging in sexual activity with another individual in exchange for 
a fee or the functional equivalent of a fee.
(4)
(9)
"Public place" means a place to which the public or any substantial group of the 
public has access.
(5)
(10)
"Sexual activity" means, regardless of the gender of either participant:
(a)
an act of masturbation, sexual intercourse, or any sexual act involving the genitals of 
one individual and the mouth or anus of another individual; or
(b)
the touching of the genitals, female breast, or anus of one individual with any other 
body part of another individual with the intent to sexually arouse or gratify either 
individual.
(11)
"Sexual solicitation" means the conduct described in Section 
76-5d-209
, sexual 
solicitation by an actor offering to engage in sexual activity for compensation.
(12)
"Test" means a test for HIV infection in accordance with standards recommended by 
the Department of Health and Human Services.
Section 9, Section 
76-5d-102
, which is renumbered from Section 76-10-1307 is renumbered 
and amended to read:
76-10-1307
76-5d-102
. Local ordinance consistent with code provisions.
An ordinance adopted by a local authority governing 
prostitution or aiding prostitution 
shall
the matters covered by this chapter is required to
 be consistent with the provisions of this 
part which govern those matters
chapter
.
Section 10, Section 
76-5d-103
, which is renumbered from Section 76-10-1311 is renumbered 
and amended to read:
76-10-1311
76-5d-103
. Mandatory testing -- Retention of medical file -- Civil 
liability.
(1)
A person
An individual
 who has entered a plea of guilty, a plea of no contest, a plea of 
guilty with a mental condition, or been found guilty 
for
of a
 violation of Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
 shall be 
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, 
76-5d-210
, or 
76-5d-211
 is 
required to submit 
before sentencing 
to a mandatory test to determine if the 
offender
individual
 is an HIV positive individual.
 The mandatory test shall be required and conducted prior to sentencing.
(2)
(a)
If the mandatory test
 described in Subsection 
(1)
 has not been conducted 
prior to
before
 sentencing, and the convicted 
offender
individual
 is already confined in a 
county jail or state prison, 
such person shall 
the individual is required to 
be tested 
while in confinement.
(3)
The
(b)
For an individual described in Subsection 
(1)
 who is confined in a county jail, the
local law enforcement agency shall cause the 
individual's 
blood specimen 
of the 
offender as defined in Subsection 
(1)
 confined in county jail 
to be taken and tested.
(4)
The 
(c)
For an individual described in Subsection 
(1)
 who is confined in a state prison, the 
Department of Corrections shall cause the 
individual's 
blood specimen 
of the 
offender defined in Subsection 
(1)
 confined in any state prison 
to be taken and tested.
(5)
(3)
(a)
The local law enforcement agency shall collect and retain in the 
offender's
individual's
 medical file the following data:
(a)
(i)
the HIV infection test results;
(b)
(ii)
a copy of the written notice as provided in Section 
76-10-1312
76-5d-104
;
(c)
(iii)
photographic identification; and
(d)
(iv)
fingerprint identification.
(6)
(b)
The local law enforcement agency shall classify the medical file 
described in 
Subsection (3)(a) 
as a private record pursuant to Subsection 
63G-2-302(1)(b)
 or a 
controlled record pursuant to Section 
63G-2-304
.
(7)
The person tested shall be 
(4)
(a)
An individual required to be tested under this section is 
responsible for the costs 
of testing, unless the 
person
individual
 is indigent.
(b)
The costs will then
If an individual is indigent, the costs for the testing will
 be paid 
by the local law enforcement agency or the Department of Corrections from the 
General Fund.
(8)
(5)
(a)
The laboratory performing testing shall report test results to only designated 
officials in the Department of Corrections, the Department of Health and Human 
Services, and the local law enforcement agency submitting the blood specimen.
(b)
Each department or agency shall designate 
those
the
 officials 
described in 
Subsection 
(5)(a)
by written policy.
(c)
Designated officials may release information identifying an 
offender
individual
under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, 
76-5d-210
, or 
76-5d-211
 who has tested HIV 
positive as provided under Subsection 
63G-2-202(1)
 and for purposes of prosecution 
pursuant to Section 
76-10-1309
76-5d-212
.
(9)
(6)
(a)
An employee of the local law enforcement agency, the Department of 
Corrections, or the Department of Health and Human Services who discloses the HIV 
test results under this section is not civilly liable except when disclosure constitutes 
fraud or willful misconduct 
as provided in
under
 Section 
63G-7-202
.
(b)
An employee of the local law enforcement agency, the Department of Corrections, or 
the Department of Health and Human Services who discloses the HIV test results 
under this section is not civilly or criminally liable, except when disclosure 
constitutes a knowing violation of Section 
63G-2-801
.
(10)
(7)
When 
the
a
 medical file is released as provided in Section 
63G-2-803
, the local 
law enforcement agency, the Department of Corrections, or the Department of Health 
and Human Services
,
 or 
its officers or employees are 
an officer or employee of the 
local law enforcement agency, the Department of Corrections, or the Department of 
Health and Human Services, is 
not liable for damages for release of the medical file.
Section 11, Section 
76-5d-104
, which is renumbered from Section 76-10-1312 is renumbered 
and amended to read:
76-10-1312
76-5d-104
. Notice to a convicted individual of HIV positive test 
results.
(1)
A person
An individual
 convicted under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, 
76-5d-210
, or 
76-5d-211
 who has tested positive for the HIV infection shall be notified of the test 
results in person by:
(a)
the local law enforcement agency;
(b)
the Department of Corrections, for 
offenders
an individual
 confined in 
any
a
 state 
prison;
(c)
the 
state 
Department of Health and Human Services; or
(d)
an authorized representative of 
any of the agencies
an agency
 listed in 
this 
Subsection 
(1)
Subsections 
(1)(a)
 through (c)
.
(2)
The notice 
under
described in
 Subsection 
(1)
 shall contain the signature of the HIV 
positive 
person
individual
, indicating the 
person's
individual's
 receipt of the notice, the 
name and signature of the 
person
individual
 providing the notice, and:
(a)
the date of the test;
(b)
the positive test results;
(c)
the name of the HIV positive individual; and
(d)
the following language:
"A person
"An individual
 who has been convicted of 
engaging in 
prostitution under 
Section 
76-10-1302
76-5d-202
, patronizing a 
prostitute
prostituted individual who is an adult
under Section 
76-10-1303
, or
76-5d-203
, patronizing a prostituted individual who is a child 
under Section 
76-5d-204
, entering or remaining in a place of prostitution under Section 
76-5d-205
,
 sexual solicitation
 by an actor offering to engage in sexual activity for 
compensation
 under Section 
76-10-1313
76-5d-209
, sexual solicitation by an actor offering 
compensation to an adult in exchange for sexual activity under Section 
76-5d-210
, or sexual 
solicitation by an actor offering compensation to a child in exchange for sexual activity under 
Section 
76-5d-211
,
 after being tested and diagnosed as an HIV positive individual and either 
had actual knowledge that the 
person
individual
 is an HIV positive individual or the 
person
individual
 has previously been convicted of any of the criminal offenses listed above is guilty 
of a third degree felony under Section 
76-10-1309
76-5d-212
."
(3)
Failure to provide 
this notice
the notice described in Subsection 
(1)
, or to provide the 
notice in the manner or form prescribed under this section, does not
:
(a)
create any civil liability
 and does not
; or
(b)
create a defense to 
any
a
 prosecution under this 
part
chapter
.
(4)
Upon conviction under Section 
76-10-1309
, and as a condition of probation, the 
offender shall receive treatment and counseling for HIV infection and drug abuse as 
provided in 
Title 26B, Chapter 5, Health Care - Substance Use and Mental Health
.
Section 12, Section 
76-5d-105
, which is renumbered from Section 76-10-1314 is renumbered 
and amended to read:
76-10-1314
76-5d-105
. Examination of testing procedures and results in legal 
proceedings.
(1)
Employees of 
the
a
 laboratory who conduct laboratory analysis of blood samples for 
presence of antibody to HIV provided pursuant to a request by a law enforcement 
agency or the Department of Corrections under Section 
76-10-1311
76-5d-103
, may be 
examined in a legal proceeding of any kind or character as to:
(a)
the nature of the testing;
(b)
the validity of the testing;
(c)
the results of the test;
(d)
the HIV positivity or negativity of the 
person
individual
 tested;
(e)
the evidentiary chain of custody; and
(f)
other factors relevant to the prosecution, subject to the court's ruling.
(2)
This section applies only to the criminal investigation and prosecution under Section 
76-10-1309
 which permits enhanced penalties upon a subsequent conviction for:
76-5d-212
, engaging in prostitution or sexual solicitation as an HIV positive offender.
(a)
prostitution, Section 
76-10-1302
;
(b)
patronizing a prostitute, Section 
76-10-1303
; or
(c)
sexual solicitation, Section 
76-10-1313
.
Section 13, Section 
76-5d-106
, which is renumbered from Section 76-10-1315 is renumbered 
and amended to read:
76-10-1315
76-5d-106
. Safe harbor for children as victims in commercial sex or 
sexual solicitation.
(1)
As used in this section:
(a)
"Child engaged in commercial sex
 or sexual solicitation
" means a child who:
(i)
engages, offers, or agrees to engage in any sexual activity with another individual 
in exchange 
for 
receiving 
a fee, or the functional equivalent of a fee;
(ii)
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 
receiving 
a fee or the functional equivalent of a fee;
 or
(iii)
loiters in or within view of any public place for the purpose of being hired to 
engage in sexual activity
.
; or
(iv)
engages in sexual solicitation.
(b)
"Child engaged in sexual solicitation" means a child who offers or agrees to commit 
or engage in any sexual activity with another person for a fee, or the functional 
equivalent of a fee, under Subsection 
76-10-1313(1)(a)
, 
(c)
, 
(d)
, or 
(f)
.
(c)
(b)
"Division" means the Division of Child and Family Services created in Section 
80-2-201
.
(d)
(c)
"Juvenile receiving center" means the same as that term is defined in Section 
80-1-102
.
(2)
Upon encountering a child engaged in commercial sex or sexual solicitation, a law 
enforcement officer shall:
(a)
conduct an investigation regarding possible human trafficking of the child pursuant 
to Sections 
76-5-308
, 
76-5-308.1
, and 
76-5-308.5
;
(b)
refer the child to the division;
(c)
bring the child to a juvenile receiving center, if available; and
(d)
contact the child's parent or guardian, if practicable.
(3)
When law enforcement refers a child to the division under Subsection 
(2)(b)
,
 the 
division shall provide services to the child under 
Title 80, Chapter 2, Child Welfare 
Services
, and 
Title 80, Chapter 2a, Removal and Protective Custody of a Child
.
(4)
A child may not be subjected to delinquency proceedings for prostitution under Section 
76-10-1302
, or sexual solicitation under Section 
76-10-1313
.
Section 14, Section 
76-5d-201
 is enacted to read:
2. General Offenses
76-5d-201
. Definitions.
As used in this part, "place of prostitution" means a place or business where prostitution 
or promotion of prostitution is arranged, regularly carried on, or attempted by one or more 
individuals under the control, management, or supervision of another individual.
Section 15, Section 
76-5d-202
, which is renumbered from Section 76-10-1302 is renumbered 
and amended to read:
76-10-1302
76-5d-202
. Engaging in prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An actor
, except for a child under Section 
76-10-1315
, is guilty of 
 commits the 
offense of engaging in 
prostitution if the actor
:
(a)
is 18 years old or older; and
(b)
engages in sexual activity with another individual 
in exchange 
for 
receiving 
a fee, or 
the functional equivalent of a fee.
(2)
(3)
(a)
Except as provided in Subsection 
(2)(b)
 and Section 
76-10-1309
(3)(b)
, a 
violation of Subsection 
(1)
(2)
 is a class B misdemeanor.
(b)
Except as provided in Section 
76-10-1309
, an actor who is convicted a second time, 
and on all subsequent convictions, of a subsequent offense of prostitution under this 
section or
A violation of Subsection (2) is a class A misdemeanor if the actor has 
previously been convicted of:
(i)
a violation of Subsection (2); or
(ii)
 under 
a local ordinance adopted 
under
in accordance with
 Section 
76-10-1307
, 
is guilty of a class A misdemeanor
76-5d-102
 addressing the same or similar type 
of violation to the violation described in Subsection 
(2)
.
(3)
(4)
A prosecutor may not prosecute an actor for a violation of Subsection 
(1)
(2)
 if the 
actor engages in a violation of Subsection 
(1)
(2)
 at or near the time the actor witnesses 
or is a victim of any of the following offenses, or an attempt to commit any of the 
following offenses, and the actor reports the offense or attempt to law enforcement in 
good faith:
(a)
assault
,
 as described in
 Section 
76-5-102
;
(b)
aggravated assault
,
 as described in
 Section 
76-5-103
;
(c)
mayhem
,
 as described in
 Section 
76-5-105
;
(d)
aggravated murder, murder, manslaughter, negligent homicide, child abuse 
homicide, or homicide by assault 
under
as described in
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
as described in
Chapter 5, Part 3, Kidnapping, 
Trafficking, and Smuggling
;
(f)
rape
,
 as described in
 Section 
76-5-402
;
(g)
rape of a child
, 
 as described in 
Section 
76-5-402.1
;
(h)
object rape
,
 as described in
 Section 
76-5-402.2
;
(i)
object rape of a child
,
 as described in
 Section 
76-5-402.3
;
(j)
forcible sodomy
,
 as described in
 Section 
76-5-403
;
(k)
sodomy on a child
,
 as described in
 Section 
76-5-403.1
;
(l)
forcible sexual abuse
,
 as described in
 Section 
76-5-404
;
(m)
sexual abuse of a child
,
 as described in
 Section 
76-5-404.1
, or aggravated sexual 
abuse of a child, Section 
76-5-404.3
;
(n)
aggravated sexual assault
,
 as described in
 Section 
76-5-405
;
(o)
sexual exploitation of a minor
,
 as described in
 Section 
76-5b-201
;
(p)
aggravated sexual exploitation of a minor
,
 as described in
 Section 
76-5b-201.1
;
(q)
sexual exploitation of a vulnerable adult
,
 as described in
 Section 
76-5b-202
;
(r)
aggravated burglary or 
burglary of a dwelling 
under 
Chapter 6, Part 2, Burglary 
and Criminal Trespass
as described in Subsection 
76-6-202(3)(b)
;
(s)
aggravated burglary as described in Section 
76-6-203
;
(s)
aggravated robbery or 
(t)
robbery 
under 
Chapter 6, Part 3, Robbery
as described in Section 
76-6-301
;
(u)
aggravated robbery as described in Section 
76-6-302
;
 or
(t)
(v)
theft by extortion 
under
as described in
 Section 
76-6-406
 under the 
circumstances described in Subsection 
76-6-406(1)(a)(i)
 or 
(ii)
.
(5)
A violation under this section that is a class A misdemeanor may be prosecuted by an 
attorney of a city or a town as well as by prosecutors authorized in the code to prosecute 
a violation under this section.
Section 16, Section 
76-5d-203
, which is renumbered from Section 76-10-1303 is renumbered 
and amended to read:
76-10-1303
76-5d-203
. Patronizing a prostituted individual who is an adult.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An actor 
is guilty of
commits
the offense of 
patronizing 
a prostitute if the actor
a 
prostituted individual who is an adult if
:
(a)
the actor 
pays
 or
,
 offers
 to pay,
 or agrees to pay 
a
an adult
 prostituted individual, 
or an 
adult 
individual the actor believes to be a prostituted individual, a fee, or the 
functional equivalent of a fee
,
; and
(b)
the payment, offer of payment, or agreement for payment described in Subsection 
(2)(a)
 is
 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 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.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted two or more times of:
(i)
a violation of Subsection (2); or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection 
(2)
.
(6)
(4)
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
actor
 to pay for and complete a court-approved educational program 
about the negative effects on an individual involved with prostitution or human 
trafficking.
Section 17, Section 
76-5d-204
 is enacted to read:
76-5d-204
. Patronizing a prostituted individual who is a child.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
An actor commits patronizing a prostituted individual who is a child if:
(a)
the actor is 12 years old or older;
(b)
the actor pays, offers to pay, 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;
(c)
the payment, offer of payment, or agreement for payment described in Subsection 
(2)(b) is for the purpose of engaging in an act of sexual activity; and
(d)
the prostituted individual, or the individual the actor believes to be a prostituted 
individual, described in Subsection 
(2)
(b) is:
(i)
a child; or
(ii)
believed by the actor to be a child.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a second 
degree felony.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection 
(2)
 is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the prostituted individual is 13 years old or 
younger; or
(B)
the actor is 16 years old and the prostituted individual is 12 years old or 
younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 14 years old;
(B)
the actor is 16 years old and the prostituted individual is 13 years old;
(C)
the actor is 15 years old and the prostituted individual is 12 years old or 
younger; or
(D)
the actor is 14 years old and the prostituted individual is 11 years old or 
younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 15 years old;
(B)
the actor is 16 years old and the prostituted individual is 14 years old;
(C)
the actor is 15 years old and the prostituted individual is 13 years old;
(D)
the actor is 14 years old and the prostituted individual is 12 years old;
(E)
the actor is 13 years old and the prostituted individual is 11 years old or 
younger; or
(F)
the actor is 12 years old and the prostituted individual is 10 years old or 
younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the prostituted individual is 16 or 17 years old;
(B)
the actor is 16 years old and the prostituted individual is 15 years old or older;
(C)
the actor is 15 years old and the prostituted individual is 14 years old or older;
(D)
the actor is 14 years old and the prostituted individual is 13 years old or older;
(E)
the actor is 13 years old and the prostituted individual is 12 years old or older; 
or
(F)
the actor is 12 years old and the prostituted individual is 11 years old or older.
(4)
In accordance with Section 
76-2-304.5
, it is not a defense to a prosecution under this 
section that the actor mistakenly believed the individual described in Subsection 
(2)
 to 
be 18 years old or older at the time of the offense or was unaware of the individual's true 
age.
(5)
If the violation of Subsection 
(2)
 amounts to an offense that is subject to a greater 
penalty under another provision of law, this section 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 actor to pay for and complete a court-approved educational program about the 
negative effects on an individual involved with prostitution or human trafficking.
Section 18, Section 
76-5d-205
 is enacted to read:
76-5d-205
. Entering or remaining in a place of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
An actor commits entering or remaining in a place of prostitution if the actor enters or 
remains in a place of prostitution for the purpose of engaging in sexual activity.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted two or more times of:
(i)
a violation of Subsection (2); or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection (2).
(4)
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 actor to pay for and complete a court-approved educational program about the 
negative effects on an individual involved with prostitution or human trafficking.
Section 19, Section 
76-5d-206
, which is renumbered from Section 76-10-1304 is renumbered 
and amended to read:
76-10-1304
76-5d-206
. Aiding prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual is guilty of
actor commits
 aiding prostitution if the 
individual
actor
:
(a)
(i)
solicits an individual to patronize a 
prostitute
prostituted individual
, or to 
patronize an individual the actor believes to be a 
prostitute
prostituted individual
;
(ii)
procures or attempts to procure a 
prostitute
prostituted individual
, or an 
individual the actor believes to be a 
prostitute
prostituted individual
, for a patron;
(iii)
leases, operates, or otherwise permits a place controlled by the actor, alone or in 
association with another
 individual
, to be used for prostitution or the promotion of 
prostitution; or
(iv)
provides 
any
a
 service or commits 
any
an
 act that enables another individual to 
commit a violation of 
this Subsection 
(1)(a)
this Subsection 
(2)
 or facilitates 
another individual's ability to commit 
any
a
 violation of 
this Subsection 
(1)(a)
this Subsection 
(2)
; or
(b)
solicits, receives, or agrees to receive 
any
a
 benefit for committing any of the acts 
prohibited by Subsection 
(1)(a)
(2)(a)
.
(2)
Aiding prostitution is a class A misdemeanor, except as provided in Subsection 
(3)
.
(3)
An individual who is convicted a second time, and on all subsequent convictions, under 
this section or under a local ordinance adopted in compliance with Section 
76-10-1307
is guilty of a third degree felony.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if the actor has previously been 
convicted of:
(i)
a violation of Subsection 
(2)
; or
(ii)
a local ordinance adopted in accordance with Section 
76-5d-102
 addressing the 
same or similar type of violation to the violation described in Subsection (2).
(4)
Upon a conviction for a violation of this section, the court shall order the maximum fine 
amount and may not waive or suspend the fine.
(5)
A violation under this section that is a class A misdemeanor may be prosecuted by an 
attorney of a city or a town as well as by a prosecutor authorized in the code to prosecute 
a violation under this section.
Section 20, Section 
76-5d-207
, which is renumbered from Section 76-10-1305 is renumbered 
and amended to read:
76-10-1305
76-5d-207
. Exploitation of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual is guilty of exploiting 
actor commits exploitation of 
prostitution if 
the 
individual
actor
:
(a)
procures an individual for a place of prostitution;
(b)
encourages, induces, or otherwise purposely causes another 
individual 
to become or 
remain a 
prostitute
prostituted individual
;
(c)
transports an individual into or within this state with 
a
the
 purpose to promote 
that
the
 individual's 
engaging
engagement
 in prostitution
;
(d)
 or procuring or paying for
procures or pays for an individual's
 transportation with 
that
the
 purpose
 of promoting the individual's engagement in prostitution
;
(d)
(e)
not being a child or legal dependent of a 
prostitute
prostituted individual
, shares 
the proceeds of prostitution with a 
prostitute
prostituted individual
, or an individual 
the actor believes to be a 
prostitute
prostituted individual
, pursuant to 
their
the 
actor's and prostituted individual's
 understanding that the actor is to share 
therein
in 
the proceeds of the prostitution
; or
(e)
(f)
owns, controls, manages, supervises, or otherwise keeps, alone or in association 
with another
 individual
, a place of prostitution or a business where prostitution 
occurs or is arranged, encouraged, supported, or promoted.
(2)
(3)
Exploiting prostitution is a felony of the
A violation of Subsection 
(2)
 is a
 third 
degree
 felony
.
(3)
(4)
Upon a conviction for a violation of this section, the court shall order the maximum 
fine amount and may not waive or suspend the fine.
Section 21, Section 
76-5d-208
, which is renumbered from Section 76-10-1306 is renumbered 
and amended to read:
76-10-1306
76-5d-208
. Aggravated exploitation of prostitution.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
A person is guilty of
An actor commits
 aggravated exploitation
 of prostitution
 if:
(a)
in committing an act of 
exploiting
exploitation of
 prostitution
, as defined in
 as 
described in
 Section 
76-10-1305
76-5d-207
, the 
person
actor
 uses any force, threat, 
or fear against any 
person
individual
;
(b)
the 
person
individual whom the actor
 procured, transported, or persuaded or with 
whom the 
person
actor
 shares the proceeds of prostitution is a child or is the spouse 
of the actor; or
(c)
in the course of committing
 an act of
 exploitation of prostitution
, a violation of 
Section 
76-10-1305
 as described in Section 
76-5d-207
, the 
person
actor
 commits 
human trafficking or human smuggling
, a
in
 violation of Section 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, or 
76-5-308.5
.
(2)
(3)
(a)
Aggravated exploitation of prostitution
Except as provided in Subsection 
(3)(b)
, a violation of Subsection (2)
 is a second degree felony
, except under 
Subsection 
(3)
.
(3)
(b)
Aggravated exploitation of prostitution involving a child
A violation of 
Subsection 
(2)
 is a first degree felony
 if the violation involves a child
.
(4)
Upon a conviction for a violation of this section, the court shall order the maximum fine 
amount and may not waive or suspend the fine.
Section 22, Section 
76-5d-209
, which is renumbered from Section 76-10-1313 is renumbered 
and amended to read:
76-10-1313
76-5d-209
. Sexual solicitation by an actor offering to engage in 
sexual activity for compensation.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(1)
(2)
An 
individual except for a child under Section 
76-10-1315
 is guilty of
actor 
commits the offense of
 sexual solicitation
 by an actor offering to engage in sexual 
activity for compensation
 if the 
individual
actor
:
(a)
is 18 years old or older; and
(a)
(b)
(i)
offers or agrees to commit any sexual activity with another individual 
for
in exchange for receiving
 a fee, or the functional equivalent of a fee;
(c)
(ii)
(A)
takes steps to arrange a meeting 
with another individual 
through any 
form of advertising or agreement to meet
, and
;
(B)
meets 
the individual 
at an arranged place
; and
(C)
arranged and met the individual 
for the purpose of being hired to engage in 
sexual activity in exchange for 
receiving 
a fee
,
 or the functional equivalent of a 
fee;
(d)
(iii)
loiters in
,
 or within view of
,
 a public place for the purpose of being hired to 
engage in sexual activity in exchange for 
receiving 
a fee, or the functional 
equivalent of a fee;
 or
(f)
(iv)
with intent to 
be hired to 
engage in sexual activity 
in exchange 
for 
receiving 
a fee, or the functional equivalent of a fee, engages in
,
 or offers or agrees to 
engage in
 an act described in Subsection 
(1)(e)(i)
 through 
(iv)
.
, any of the 
following acts:
(A)
exposure or touching of an individual's genitals, buttocks, anus, pubic area, or 
female breast below the top of the areola;
(B)
masturbation; or
(C)
any act of lewdness.
(b)
pays or offers or agrees to pay a fee or the functional equivalent of a fee to another 
individual to commit any sexual activity;
(e)
with intent to pay another individual to commit any sexual activity for a fee or the 
functional equivalent of a fee, requests or directs the other individual to engage in 
any of the following acts:
(i)
exposure of an individual's genitals, the buttocks, the anus, the pubic area, or the 
female breast below the top of the areola;
(ii)
masturbation;
(iii)
touching of an individual's genitals, the buttocks, the anus, the pubic area, or the 
female breast; or
(iv)
any act of lewdness; or
(2)
An intent to engage in sexual activity for a fee may be inferred from an individual's 
engaging in, offering or agreeing to engage in, or requesting or directing another to 
engage in any of the acts described in Subsection 
(1)
 (e) or (f) under the totality of the 
existing circumstances.
(3)
Except as provided in Section 
76-10-1309
 and Subsections 
(4)
 and 
(5)
, a 
A 
violation 
of Subsection
(1)(a)
, 
(c)
, 
(d)
, or 
(f)
(2) 
or under a local ordinance adopted in 
compliance with Section 
76-10-1307
76-5d-102
 is:
(a)
a class B misdemeanor on a first or second violation; 
and
or
(b)
a class A misdemeanor on a third or subsequent violation.
(4)
Except as provided in Section 
76-10-1309
 and Subsections 
(5)
 and 
(8)
, a violation of 
Subsection 
(1)(b)
 or 
(e)
 or a local ordinance adopted under Section 
76-10-1307
 is:
(a)
a class A misdemeanor on the first or second violation; and
(b)
a third degree felony on a third or subsequent violation.
(5)
If an individual commits an act of sexual solicitation in violation of Subsection 
(1)
 and 
the individual solicited is a child, the offense is a second degree felony if the solicitation 
does not amount to a violation of:
(a)
Section 
76-5-308
, 
76-5-308.1
, or 
76-5-308.5
, human trafficking or Section 
76-5-308
.3, human smuggling; or
(b)
Section 
76-5-310
, aggravated human trafficking or Section 
76-5-310.1
, aggravated 
human smuggling.
(4)
An intent to be hired to engage in sexual activity for a fee may be inferred from an actor 
engaging in, offering or agreeing to engage in, or requesting or directing another to 
engage in any of the acts described in Subsection 
(2)(b)(iv)
 under the totality of the 
existing circumstances.
(6)
(5)
(a)
Upon encountering a child engaged in commercial sex or sexual solicitation, 
a law enforcement officer shall follow the procedure described in Subsection 
76-10-1315(2)
76-5d-106(2)
.
(b)
A child engaged in commercial sex or sexual solicitation shall be referred to the 
Division of Child and Family Services for services and may not be subjected to 
delinquency proceedings.
(7)
(6)
A prosecutor may not prosecute an 
individual
actor
 for a violation of Subsection 
(1)
(2)
 if the 
individual
actor
 engages in a violation of Subsection 
(1)
(2)
 at or near the 
time the 
individual
actor
 witnesses or is a victim of any of the offenses
,
 or an attempt to 
commit any of the offenses
,
 described in Subsection 
76-10-1302(3)
76-5d-202(4)
, and 
the 
individual
actor
 reports the offense or attempt to law enforcement in good faith.
(8)
(7)
(a)
As part of a sentence imposed under Subsection 
(3)
, the court may lower, 
waive, or suspend a fine if the 
defendant
actor
 completes a court-approved program 
that provides information or services intended to help an individual no longer engage 
in prostitution.
(b)
As part of a sentence imposed under Subsection 
(4)
, the court shall order 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 23, Section 
76-5d-210
 is enacted to read:
76-5d-210
. Sexual solicitation by an actor offering compensation to an adult in 
exchange for sexual activity.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
An actor commits the offense of sexual solicitation by an actor offering compensation in 
exchange for sexual activity if the actor:
(a)
pays, offers to pay, or agrees to pay a fee or the functional equivalent of a fee to an 
adult to hire the adult to commit any sexual activity; or
(b)
with intent to pay an adult to be hired to commit any sexual activity for a fee or the 
functional equivalent of a fee, requests or directs the adult to engage in any of the 
following acts:
(i)
exposure or touching of an adult's genitals, buttocks, anus, pubic area, or female 
breast below the top of the areola;
(ii)
masturbation; or
(iii)
any act of lewdness.
(3)
A violation of Subsection 
(2)
 or under a local ordinance adopted in compliance with 
Section 
76-5d-102
 is:
(a)
a class A misdemeanor on a first or second violation; or
(b)
a third degree felony on a third or subsequent violation.
(4)
As part of a sentence imposed under Subsection 
(3)
, the court shall order the actor to 
pay for and complete a court-approved educational program about the negative effects 
on an individual involved with prostitution or human trafficking.
(5)
The actor's intent to hire an adult to engage in sexual activity for a fee may be inferred 
from an actor engaging in, offering or agreeing to engage in, or requesting or directing 
another to engage in any of the acts described in Subsection (2)(b) under the totality of 
the existing circumstances.
(6)
A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor 
engages in a violation of Subsection (2) at or near the time the actor witnesses or is a 
victim of any of the offenses, or an attempt to commit any of the offenses, described in 
Subsection 
76-5d-202(4)
, and the actor reports the offense or attempt to law 
enforcement in good faith.
Section 24, Section 
76-5d-211
 is enacted to read:
76-5d-211
. Sexual solicitation by an actor offering compensation to a child in 
exchange for sexual activity.
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
Under circumstances not amounting to an offense described in Subsection 
(4)
, an actor 
commits the offense of sexual solicitation by an actor offering compensation to a child 
in exchange for sexual activity if the actor:
(a)
is 12 years old or older; and
(b)
(i)
pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee, 
to a child to hire the child to commit any sexual activity; or
(ii)
with intent to pay a child to be hired to commit any sexual activity for a fee, or 
the functional equivalent of a fee, requests or directs the child to engage in any of 
the following acts:
(A)
exposure or touching of the child's genitals, the buttocks, the anus, the pubic 
area, or the female breast below the top of the areola;
(B)
masturbation; or
(C)
any act of lewdness.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a second 
degree felony.
(b)
If the actor is under 18 years old at the time of the offense, a violation of Subsection 
(2)
 is:
(i)
a third degree felony if:
(A)
the actor is 17 years old and the child is 13 years old or younger; or
(B)
the actor is 16 years old and the child is 12 years old or younger;
(ii)
a class A misdemeanor if:
(A)
the actor is 17 years old and the child is 14 years old;
(B)
the actor is 16 years old and the child is 13 years old;
(C)
the actor is 15 years old and the child is 12 years old or younger; or
(D)
the actor is 14 years old and the child is 11 years old or younger;
(iii)
a class B misdemeanor if:
(A)
the actor is 17 years old and the child is 15 years old;
(B)
the actor is 16 years old and the child is 14 years old;
(C)
the actor is 15 years old and the child is 13 years old;
(D)
the actor is 14 years old and the child is 12 years old;
(E)
the actor is 13 years old and the child is 11 years old or younger; or
(F)
the actor is 12 years old and the child is 10 years old or younger; or
(iv)
a class C misdemeanor if:
(A)
the actor is 17 years old and the child is 16 or 17 years old;
(B)
the actor is 16 years old and the child is 15 years old or older;
(C)
the actor is 15 years old and the child is 14 years old or older;
(D)
the actor is 14 years old and the child is 13 years old or older;
(E)
the actor is 13 years old and the child is 12 years old or older; or
(F)
the actor is 12 years old and the child is 11 years old or older.
(4)
The offenses referred to in Subsection (2) are:
(a)
human trafficking for labor as described in Section 
76-5-308
;
(b)
human trafficking for sexual exploitation as described in Section 
76-5-308.1
;
(c)
human smuggling as described in Section 
76-5-308.3
;
(d)
human trafficking of a child as described in Section 
76-5-308.5
;
(e)
aggravated human trafficking as described in Section 
76-5-310
; and
(f)
aggravated human smuggling as described in Section 
76-5-310.1
.
(5)
The actor's intent to hire a child to engage in sexual activity for a fee may be inferred 
from an actor engaging in, offering or agreeing to engage in, or requesting or directing 
another to engage in any of the acts described in Subsection (2)(b) under the totality of 
the existing circumstances.
(6)
A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor 
engages in a violation of Subsection (2) at or near the time the actor witnesses or is a 
victim of any of the offenses, or an attempt to commit any of the offenses, described in 
Subsection 
76-5d-202(4)
, and the actor reports the offense or attempt to law 
enforcement in good faith.
(7)
(a)
Upon encountering a child engaged in commercial sex or sexual solicitation, a law 
enforcement officer shall follow the procedure described in Subsection 
76-5d-106(2)
.
(b)
A child engaged in commercial sex or sexual solicitation shall be referred to the 
Division of Child and Family Services for services and may not be subjected to 
delinquency proceedings.
Section 25, Section 
76-5d-212
, which is renumbered from Section 76-10-1309 is renumbered 
and amended to read:
76-10-1309
76-5d-212
. Engaging in prostitution or sexual solicitation as an HIV 
positive offender.
A person
(1)
Terms defined in Sections 
76-1-101.5
, 
76-5d-101
, and 
76-5d-201
 apply to this section.
(2)
who is convicted of prostitution under
An actor commits engaging in prostitution or 
sexual solicitation as an HIV positive offender if the actor:
(a)
is an HIV positive individual;
(b)
is convicted of:
(i)
engaging in prostitution under
 Section 
76-10-1302
,
76-5d-202
;
(ii)
patronizing a 
prostitute under
 prostituted individual who is an adult under
Section 
76-10-1303
, or
76-5d-203
;
(iii)
patronizing a prostituted individual who is a child under Section 
76-5d-204
;
(iv)
entering or remaining in a place of prostitution under Section 
76-5d-205
;
(v)
sexual solicitation 
under
by an actor offering to engage in sexual activity for 
compensation under
 Section 
76-10-1313
76-5d-209
;
(vi)
 is guilty of a third degree felony if at the time of the offense the person is an 
HIV positive individual, and the person:
sexual solicitation by an actor offering 
compensation to an adult in exchange for sexual activity under Section 
76-5d-210
; 
or
(vii)
sexual solicitation by an actor offering compensation to a child in exchange for 
sexual activity under Section 
76-5d-211
; and
(1)
(c)
(i)
has actual knowledge 
of the fact
that the actor is an HIV positive 
individual
; or
(2)
(ii)
has previously been convicted 
under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
of a violation of Section 
76-5d-202
, 
76-5d-203
, 
76-5d-204
, 
76-5d-205
, 
76-5d-209
, 
76-5d-210
, or 
76-5d-211
.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
Upon conviction under this section, and as a condition of probation, the actor shall 
receive treatment and counseling for HIV infection and drug abuse as provided in Title 
26B, Chapter 5, Health Care - Substance Use and Mental Health.
Section 26, 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)
an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized 
Recording Practices Act;
(b)
an act prohibited by the criminal provisions under 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 under Title 23A, Wildlife Resources Act, or 
Section 
23A-5-311
;
(d)
false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, 
Chapter 3, Part 11, Utah False Claims Act, Sections 
26B-3-1101
 through 
26B-3-1112
;
(e)
an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal 
Offenses and Procedure Act;
(f)
an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah 
Uniform Land Sales Practices Act;
(g)
an act prohibited by the criminal provisions under 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)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform 
Securities Act;
(i)
an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah 
Procurement Code;
(j)
assault under Section
76-5-102
;
(k)
aggravated assault under Section 
76-5-103
;
(l)
a threat of terrorism under Section 
76-5-107.3
;
(m)
a criminal homicide offense under Section 
76-5-201
;
(n)
kidnapping under Section
76-5-301
;
(o)
aggravated kidnapping under Section
76-5-302
;
(p)
human trafficking for labor under Section 
76-5-308
;
(q)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(r)
human smuggling under Section 
76-5-308.3
;
(s)
human trafficking of a child under Section
76-5-308.5
;
(t)
benefiting from trafficking and human smuggling under Section
76-5-309
;
(u)
aggravated human trafficking under Section
76-5-310
;
(v)
sexual exploitation of a minor under Section 
76-5b-201
;
(w)
aggravated sexual exploitation of a minor under Section
76-5b-201.1
;
(x)
arson under Section 
76-6-102
;
(y)
aggravated arson under Section
76-6-103
;
(z)
causing a catastrophe under Section 
76-6-105
;
(aa)
burglary under Section 
76-6-202
;
(bb)
aggravated burglary under Section
76-6-203
;
(cc)
burglary of a vehicle under Section 
76-6-204
;
(dd)
manufacture or possession of an instrument for burglary or theft under Section 
76-6-205
;
(ee)
robbery under Section 
76-6-301
;
(ff)
aggravated robbery under Section
76-6-302
;
(gg)
theft under Section 
76-6-404
;
(hh)
theft by deception under Section 
76-6-405
;
(ii)
theft by extortion under Section 
76-6-406
;
(jj)
receiving stolen property under Section 
76-6-408
;
(kk)
theft of services under Section 
76-6-409
;
(ll)
forgery under Section 
76-6-501
;
(mm)
unlawful use of financial transaction card under Section
76-6-506.2
;
(nn)
unlawful acquisition, possession, or transfer of financial transaction card under 
Section
76-6-506.3
;
(oo)
financial transaction card offenses under Section
76-6-506.6
;
(pp)
deceptive business practices under Section 
76-6-507
;
(qq)
bribery or receiving bribe by person in the business of selection, appraisal, or 
criticism of goods under Section 
76-6-508
;
(rr)
bribery of a labor official under Section 
76-6-509
;
(ss)
defrauding creditors under Section 
76-6-511
;
(tt)
acceptance of deposit by insolvent financial institution under Section 
76-6-512
;
(uu)
unlawful dealing with property by fiduciary under Section 
76-6-513
;
(vv)
bribery or threat to influence contest under Section 
76-6-514
;
(ww)
making a false credit report under Section 
76-6-517
;
(xx)
criminal simulation under Section 
76-6-518
;
(yy)
criminal usury under Section 
76-6-520
;
(zz)
insurance fraud under Section 
76-6-521
;
(aaa)
retail theft under Section 
76-6-602
;
(bbb)
computer crimes under Section 
76-6-703
;
(ccc)
identity fraud under Section 
76-6-1102
;
(ddd)
mortgage fraud under Section 
76-6-1203
;
(eee)
sale of a child under Section 
76-7-203
;
(fff)
bribery to influence official or political actions under Section 
76-8-103
;
(ggg)
threat to influence official or political action under Section 
76-8-104
;
(hhh)
receiving bribe or bribery by public servant under Section 
76-8-105
;
(iii)
receiving bribe for endorsement of person as a public servant under Section 
76-8-106
;
(jjj)
bribery for endorsement of person as public servant under Section 
76-8-106.1
;
(kkk)
official misconduct based on unauthorized act or failure of duty under Section
76-8-201
;
(lll)
official misconduct concerning inside information under Section
76-8-202
;
(mmm)
obstruction of justice in a criminal investigation or proceeding under Section 
76-8-306
;
(nnn)
acceptance of bribe or bribery to prevent criminal prosecution under Section 
76-8-308
;
(ooo)
harboring or concealing offender who has escaped from official custody under 
Section 
76-8-309.2
;
(ppp)
making a false or inconsistent material statement under Section 
76-8-502
;
(qqq)
making a false or inconsistent statement under Section 
76-8-503
;
(rrr)
making a written false statement under Section 
76-8-504
;
(sss)
tampering with a witness under Section 
76-8-508
;
(ttt)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(uuu)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(vvv)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(www)
tampering with evidence under Section 
76-8-510.5
;
(xxx)
falsification or alteration of a government record under Section 
76-8-511
, if the 
record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, 
Lobbyist Disclosure and Regulation Act;
(yyy)
public assistance fraud by an applicant for public assistance under Section 
76-8-1203.1
;
(zzz)
public assistance fraud by a recipient of public assistance under Section 
76-8-1203.3
;
(aaaa)
public assistance fraud by a provider under Section 
76-8-1203.5
;
(bbbb)
fraudulently misappropriating public assistance funds under Section 
76-8-1203.7
;
(cccc)
false statement to obtain or increase unemployment compensation under Section 
76-8-1301
;
(dddd)
false statement to prevent or reduce unemployment compensation or liability 
under Section 
76-8-1302
;
(eeee)
unlawful failure to comply with Employment Security Act requirements under 
Section 
76-8-1303
;
(ffff)
unlawful use or disclosure of employment information under Section 
76-8-1304
;
(gggg)
intentionally or knowingly causing one animal to fight with another under 
Subsection 
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(hhhh)
possession, use, or removal of explosives, chemical, or incendiary devices or 
parts under Section 
76-10-306
;
(iiii)
delivery to common carrier, mailing, or placement on premises of an incendiary 
device under Section 
76-10-307
;
(jjjj)
possession of a deadly weapon with intent to assault under Section 
76-10-507
;
(kkkk)
unlawful marking of pistol or revolver under Section 
76-10-521
;
(llll)
alteration of number or mark on pistol or revolver under Section 
76-10-522
;
(mmmm)
forging or counterfeiting trademarks, trade name, or trade device under 
Section 
76-10-1002
;
(nnnn)
selling goods under counterfeited trademark, trade name, or trade devices under 
Section 
76-10-1003
;
(oooo)
sales in containers bearing registered trademark of substituted articles under 
Section 
76-10-1004
;
(pppp)
selling or dealing with article bearing registered trademark or service mark with 
intent to defraud under Section 
76-10-1006
;
(qqqq)
gambling under Section 
76-10-1102
;
(rrrr)
gambling fraud under Section 
76-10-1103
;
(ssss)
gambling promotion under Section 
76-10-1104
;
(tttt)
possessing a gambling device or record under Section 
76-10-1105
;
(uuuu)
confidence game under Section 
76-10-1109
;
(vvvv)
distributing pornographic material under Section 
76-10-1204
;
(wwww)
inducing acceptance of pornographic material under Section 
76-10-1205
;
(xxxx)
dealing in harmful material to a minor under Section 
76-10-1206
;
(yyyy)
distribution of pornographic films under Section 
76-10-1222
;
(zzzz)
indecent public displays under Section 
76-10-1228
;
(aaaaa)
engaging in 
prostitution under Section 
76-10-1302
76-5d-202
;
(bbbbb)
aiding prostitution under Section 
76-10-1304
76-5d-206
;
(ccccc)
exploiting prostitution under Section 
76-10-1305
76-5d-207
;
(ddddd)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
;
(eeeee)
communications fraud under Section 
76-10-1801
;
(fffff)
an act prohibited by the criminal provisions of Part 19, Money Laundering and 
Currency Transaction Reporting Act;
(ggggg)
vehicle compartment for contraband under Section 
76-10-2801
;
(hhhhh)
an act prohibited by the criminal provisions of the laws governing taxation in 
this state; or
(iiiii)
an act illegal under the laws of the United States and enumerated in 18 U.S.C. Sec. 
1961(1)(B), (C), and (D).
Section 27, Section 
77-23a-8
 is amended to read:
77-23a-8
. Court order to authorize or approve interception -- Procedure.
(1)
The attorney general of the state, any assistant attorney general specially designated by 
the attorney general, any county attorney, district attorney, deputy county attorney, or 
deputy district attorney specially designated by the county attorney or by the district 
attorney, may authorize an application to a judge of competent jurisdiction for an order 
for an interception of wire, electronic, or oral communications by any law enforcement 
agency of the state, the federal government or of any political subdivision of the state 
that is responsible for investigating the type of offense for which the application is made.
(2)
The judge may grant the order in conformity with the required procedures when the 
interception sought may provide or has provided evidence of the commission of:
(a)
an act:
(i)
prohibited by the criminal provisions of:
(A)
Title 58, Chapter 37, Utah Controlled Substances Act;
(B)
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C)
Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii)
punishable by a term of imprisonment of more than one year;
(b)
an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform 
Securities Act, and punishable by a term of imprisonment of more than one year;
(c)
an offense:
(i)
of:
(A)
attempt under Section 
76-4-101
;
(B)
conspiracy under Section 
76-4-201
;
(C)
criminal solicitation of an adult, Section 
76-4-203
; or
(D)
criminal solicitation of a minor, Section 
76-4-205
; and
(ii)
punishable by a term of imprisonment of more than one year;
(d)
a threat of terrorism offense punishable by a maximum term of imprisonment of 
more than one year under Section 
76-5-107.3
;
(e)
(i)
aggravated murder under Section 
76-5-202
;
(ii)
murder under Section 
76-5-203
; or
(iii)
manslaughter under Section 
76-5-205
;
(f)
(i)
kidnapping under Section 
76-5-301
;
(ii)
child kidnapping under Section 
76-5-301.1
;
(iii)
aggravated kidnapping under Section 
76-5-302
;
(iv)
human trafficking for labor under Section 
76-5-308
;
(v)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(vi)
human trafficking of a child under Section 
76-5-308.5
;
(vii)
human smuggling under Section 
76-5-308.3
;
(viii)
aggravated human trafficking under Section 
76-5-310
; or 
(ix)
aggravated human smuggling under Section 
76-5-310.1
;
(g)
(i)
arson under Section 
76-6-102
; or
(ii)
aggravated arson under Section 
76-6-103
;
(h)
(i)
burglary under Section 
76-6-202
; or
(ii)
aggravated burglary under Section 
76-6-203
;
(i)
(i)
robbery under Section 
76-6-301
; or
(ii)
aggravated robbery under Section 
76-6-302
;
(j)
an offense:
(i)
of:
(A)
theft under Section 
76-6-404
;
(B)
theft by deception under Section 
76-6-405
; or
(C)
theft by extortion under Section 
76-6-406
; and
(ii)
punishable by a maximum term of imprisonment of more than one year;
(k)
an offense of receiving stolen property that is punishable by a maximum term of 
imprisonment of more than one year under Section 
76-6-408
;
(l)
a financial card transaction offense punishable by a maximum term of imprisonment 
of more than one year under Section 
76-6-506.2
, 
76-6-506.3
, or 
76-6-506.6
;
(m)
bribery of a labor official under Section 
76-6-509
;
(n)
bribery or threat to influence a publicly exhibited contest under Section 
76-6-514
;
(o)
a criminal simulation offense punishable by a maximum term of imprisonment of 
more than one year under Section 
76-6-518
;
(p)
criminal usury under Section 
76-6-520
;
(q)
insurance fraud punishable by a maximum term of imprisonment of more than one 
year under Section 
76-6-521
;
(r)
a violation under Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable 
by a maximum term of imprisonment of more than one year under Section 
76-6-703
;
(s)
bribery to influence official or political actions under Section 
76-8-103
;
(t)
misusing public money or public property under Section 
76-8-402
;
(u)
tampering with a witness under Section 
76-8-508
;
(v)
retaliation against a witness, victim, or informant under Section 
76-8-508.3
;
(w)
tampering or retaliating against a juror under Section 
76-8-508.5
;
(x)
receiving or soliciting a bribe as a witness under Section 
76-8-508.7
;
(y)
extortion or bribery to dismiss a criminal proceeding under Section 
76-8-509
;
(z)
obstruction of justice in a criminal investigation or proceeding under Section 
76-8-306
;
(aa)
harboring or concealing offender who has escaped from official custody under 
Section 
76-8-309.2
;
(bb)
destruction of property to interfere with preparations for defense or war under 
Section 
76-8-802
;
(cc)
an attempt to commit crimes of sabotage under Section 
76-8-804
;
(dd)
conspiracy to commit crimes of sabotage under Section 
76-8-805
;
(ee)
advocating criminal syndicalism or sabotage under Section 
76-8-902
;
(ff)
assembling for advocating criminal syndicalism or sabotage under Section 
76-8-903
;
(gg)
riot punishable by a maximum term of imprisonment of more than one year under 
Section 
76-9-101
;
(hh)
dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a 
maximum term of imprisonment of more than one year under Section 
76-9-301.1
;
(ii)
possession, use, or removal of an explosive, chemical, or incendiary device and parts 
under Section 
76-10-306
;
(jj)
delivery to a common carrier or mailing of an explosive, chemical, or incendiary 
device under Section 
76-10-307
;
(kk)
exploiting prostitution under Section 
76-10-1305
76-5d-207
;
(ll)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
;
(mm)
bus hijacking or assault with intent to commit hijacking under Section 
76-10-1504
;
(nn)
discharging firearms and hurling missiles under Section 
76-10-1505
;
(oo)
violations under Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, 
and the offenses listed under the definition of unlawful activity in the act, including 
the offenses not punishable by a maximum term of imprisonment of more than one 
year when those offenses are investigated as predicates for the offenses prohibited by 
the act under Section 
76-10-1602
;
(pp)
communications fraud under Section 
76-10-1801
;
(qq)
money laundering under Sections 
76-10-1903
 and 
76-10-1904
; or
(rr)
reporting by a person engaged in a trade or business when the offense is punishable 
by a maximum term of imprisonment of more than one year under Section 
76-10-1906
.
Section 28, Section 
77-38-3
 is amended to read:
77-38-3
. Notification to victims -- Initial notice, election to receive subsequent 
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact 
order.
(1)
Within seven days after the day on which felony criminal charges are filed against a 
defendant, the prosecuting agency shall provide an initial notice to reasonably 
identifiable and locatable victims of the crime contained in the charges, except as 
otherwise provided in this chapter.
(2)
The initial notice to the victim of a crime shall provide information about electing to 
receive notice of subsequent important criminal justice hearings listed in Subsections 
77-38-2
(5)(a) through (g) and rights under this chapter.
(3)
The prosecuting agency shall provide notice to a victim of a crime:
(a)
for the important criminal justice hearings, provided in Subsections 
77-38-2
(5)(a) 
through (g), which the victim has requested; and
(b)
for a restitution request to be submitted in accordance with Section 
77-38b-202
.
(4)
(a)
The responsible prosecuting agency may provide initial and subsequent notices in 
any reasonable manner, including telephonically, electronically, orally, or by means 
of a letter or form prepared for this purpose.
(b)
In the event of an unforeseen important criminal justice hearing, described in 
Subsections 
77-38-2
(5)(a) through (g) for which a victim has requested notice, a 
good faith attempt to contact the victim by telephone shall be considered sufficient 
notice, provided that the prosecuting agency subsequently notifies the victim of the 
result of the proceeding.
(5)
(a)
The court shall take reasonable measures to ensure that its scheduling practices for 
the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) permit an 
opportunity for victims of crimes to be notified.
(b)
The court shall consider whether any notification system that the court might use to 
provide notice of judicial proceedings to defendants could be used to provide notice 
of judicial proceedings to victims of crimes.
(6)
A defendant or, if it is the moving party, the Division of Adult Probation and Parole, 
shall give notice to the responsible prosecuting agency of any motion for modification of 
any determination made at any of the important criminal justice hearings provided in 
Subsections 
77-38-2
(5)(a) through (g) in advance of any requested court hearing or 
action so that the prosecuting agency may comply with the prosecuting agency's 
notification obligation.
(7)
(a)
Notice to a victim of a crime shall be provided by the Board of Pardons and 
Parole for the important criminal justice hearing under Subsection 
77-38-2
(5)(h).
(b)
The board may provide notice in any reasonable manner, including telephonically, 
electronically, orally, or by means of a letter or form prepared for this purpose.
(8)
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to 
a victim of a crime for the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) 
only where the victim has responded to the initial notice, requested notice of subsequent 
proceedings, and provided a current address and telephone number if applicable.
(9)
To facilitate the payment of restitution and the notice of hearings regarding restitution, a 
victim who seeks restitution and notice of restitution hearings shall provide the court 
with the victim's current address and telephone number.
(10)
(a)
Law enforcement and criminal justice agencies shall refer any requests for notice 
or information about crime victim rights from victims to the responsible prosecuting 
agency.
(b)
In a case in which the Board of Pardons and Parole is involved, the responsible 
prosecuting agency shall forward any request for notice the prosecuting agency has 
received from a victim to the Board of Pardons and Parole.
(11)
In all cases where the number of victims exceeds 10, the responsible prosecuting 
agency may send any notices required under this chapter in the prosecuting agency's 
discretion to a representative sample of the victims.
(12)
(a)
A victim's address, telephone number, and victim impact statement maintained 
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile 
Justice and Youth Services, Department of Corrections, Utah State Courts, and Board 
of Pardons and Parole, for purposes of providing notice under this section, are 
classified as protected under Subsection 
63G-2-305
(10).
(b)
The victim's address, telephone number, and victim impact statement is available 
only to the following persons or entities in the performance of their duties:
(i)
a law enforcement agency, including the prosecuting agency;
(ii)
a victims' right committee as provided in Section 
77-37-5
;
(iii)
a governmentally sponsored victim or witness program;
(iv)
the Department of Corrections;
(v)
the Utah Office for Victims of Crime;
(vi)
the Commission on Criminal and Juvenile Justice;
(vii)
the Utah State Courts; and
(viii)
the Board of Pardons and Parole.
(13)
The notice provisions as provided in this section do not apply to misdemeanors as 
provided in Section 
77-38-5
 and to important juvenile justice hearings as provided in 
Section 
77-38-2
.
(14)
(a)
When a defendant is charged with a felony crime under Sections 
76-5-301
through 
76-5-310.1
 regarding kidnapping, human trafficking, and human smuggling; 
Sections 
76-5-401
 through 
76-5-413.2
 regarding sexual offenses; or Section 
76-10-1306
76-5d-208
 regarding aggravated exploitation of prostitution, the court 
may, during any court hearing where the defendant is present, issue a pretrial 
criminal no contact order:
(i)
prohibiting the defendant from harassing, telephoning, contacting, or otherwise 
communicating with the victim directly or through a third party;
(ii)
ordering the defendant to stay away from the residence, school, place of 
employment of the victim, and the premises of any of these, or any specified place 
frequented by the victim or any designated family member of the victim directly 
or through a third party; and
(iii)
ordering any other relief that the court considers necessary to protect and provide 
for the safety of the victim and any designated family or household member of the 
victim.
(b)
Violation of a pretrial criminal no contact order issued pursuant to this section is a 
third degree felony.
(c)
(i)
The court shall provide to the victim a certified copy of any pretrial criminal no 
contact order that has been issued if the victim can be located with reasonable 
effort.
(ii)
The court shall also transmit the pretrial criminal no contact order to the statewide 
domestic violence network in accordance with Section 
78B-7-113
.
(15)
(a)
When a case involving a victim may resolve before trial with a plea deal, the 
prosecutor shall notify the victim of that possibility as soon as practicable.
(b)
Upon the request of a victim described in Subsection (15)(a), the prosecutor shall 
explain the available details of an anticipated plea deal.
Section 29, Section 
77-41-102
 is amended to read:
77-41-102
. Definitions.
As used in this chapter:
(1)
"Child abuse offender" means an individual:
(a)
who has been convicted in this state of a violation of:
(i)
aggravated child abuse under Subsection 
76-5-109.2
(3)(a) or (b); or
(ii)
attempting, soliciting, or conspiring to commit aggravated child abuse under 
Subsection 
76-5-109.2
(3)(a) or (b);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offense listed in Subsection (1)(a); and
(ii)
(A)
who is a Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, regardless of whether the offender intends to permanently 
reside in this state;
(c)
(i)
(A)
who is required to register as a child abuse offender in another 
jurisdiction of original conviction;
(B)
who is required to register as a child abuse offender by a state, a federal, or a 
military court; or
(C)
who would be required to register as a child abuse offender if residing in the 
jurisdiction of the conviction regardless of the date of the conviction or a 
previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether 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 the offense listed in Subsection (1)(a) or a 
substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's state of residence based on a 
conviction for an offense that is not substantially equivalent to an offense listed 
in Subsection (1)(a);
(e)
who is found not guilty by reason of insanity in this state or in another jurisdiction of 
the offense listed in Subsection (1)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for the offense listed in Subsection 
(1)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(2)
"Bureau" means the Bureau of Criminal Identification of the Department of Public 
Safety established in 
section
Section
53-10-201
.
(3)
"Business day" means a day on which state offices are open for regular business.
(4)
"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
.
(5)
(a)
"Convicted" means a plea or conviction of:
(i)
guilty;
(ii)
guilty with a mental illness; or
(iii)
no contest.
(b)
"Convicted" includes, unless otherwise specified, the period a plea is held in 
abeyance pursuant to a plea in abeyance agreement as defined in Section 
77-2a-1
.
(c)
"Convicted" does not include:
(i)
a withdrawn or dismissed plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section 
80-6-701
.
(6)
"Department" means the Department of Public Safety.
(7)
"Division" means the Division of Juvenile Justice and Youth Services.
(8)
"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.
(9)
"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.
(10)
"Jurisdiction" means any state, Indian Country, United States Territory, or property 
under the jurisdiction of the United States military, Canada, the United Kingdom, 
Australia, or New Zealand.
(11)
"Kidnap offender" means an individual, other than a natural parent of the victim:
(a)
who has been convicted in this state of a violation of:
(i)
kidnapping under Subsection 
76-5-301
(2)(c) or (d);
(ii)
child kidnapping under Section 
76-5-301.1
;
(iii)
aggravated kidnapping under Section 
76-5-302
;
(iv)
human trafficking for labor under Section 
76-5-308
;
(v)
human smuggling under Section 
76-5-308.3
;
(vi)
human trafficking of a child for labor under Subsection 
76-5-308.5
(4)(a);
(vii)
aggravated human trafficking under Section 
76-5-310
;
(viii)
aggravated human smuggling under Section 
76-5-310.1
;
(ix)
human trafficking of a vulnerable adult for labor under Section 
76-5-311
; or
(x)
attempting, soliciting, or conspiring to commit a felony offense listed in 
Subsections (11)(a)(i) through (ix);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offenses listed in Subsection (11)(a); and
(ii)
(A)
who isa Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, regardless of whether the offender intends to permanently 
reside in this state;
(c)
(i)
(A)
who is required to register as a kidnap offender in another jurisdiction of 
original conviction;
(B)
who is required to register as a kidnap offender by a 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 a 
previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether 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 (11)(a) or 
any substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's state of residence based on a 
conviction for an offense that is not substantially equivalent to an offense listed 
in Subsection (11)(a);
(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 (11)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for one or more offenses listed in 
Subsection (11)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(12)
"Natural parent" means a minor's biological or adoptive parent, including the minor's 
noncustodial parent.
(13)
"Offender" means a child abuse offender, kidnap offender, or sex offender.
(14)
"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.
(15)
"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 a future 
date.
(16)
"Register" means to comply with the requirements of this chapter and administrative 
rules of the department made under this chapter.
(17)
"Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification 
and Registration website described in Section 
77-41-110
 and the information on the 
website.
(18)
"Secondary residence" means real property that the offender owns or has a financial 
interest in, or a location where the offender stays overnight a total of 10 or more nights 
in a 12-month period when not staying at the offender's primary residence.
(19)
"Sex offender" means an individual:
(a)
convicted in this state of:
(i)
a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
;
(ii)
sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(iii)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(iv)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5
(4)(b);
(v)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(vi)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(vii)
unlawful sexual activity with a minor under Section 
76-5-401
, except as 
provided in Subsection 
76-5-401
(3)(b) or (c);
(viii)
sexual abuse of a minor under Section 
76-5-401.1
, except as provided in 
Subsection 
76-5-401.1
(3);
(ix)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(x)
rape under Section 
76-5-402
;
(xi)
rape of a child under Section 
76-5-402.1
;
(xii)
object rape under Section 
76-5-402.2
;
(xiii)
object rape of a child under Section 
76-5-402.3
;
(xiv)
a felony violation of forcible sodomy under Section 
76-5-403
;
(xv)
sodomy on a child under Section 
76-5-403.1
;
(xvi)
forcible sexual abuse under Section 
76-5-404
;
(xvii)
sexual abuse of a child under Section 
76-5-404.1
;
(xviii)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xix)
aggravated sexual assault under Section 
76-5-405
;
(xx)
custodial sexual relations under Section 
76-5-412
, when the individual in 
custody is younger than 18 years old, if the offense is committed on or after May 
10, 2011;
(xxi)
sexual exploitation of a minor under Section 
76-5b-201
;
(xxii)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xxiii)
sexual extortion or aggravated sexual extortion under Section 
76-5b-204
;
(xxiv)
incest under Section 
76-7-102
;
(xxv)
lewdness under Section 
76-9-702
, if the individual has been convicted of the 
offense four or more times;
(xxvi)
sexual battery under Section 
76-9-702.1
, if the individual has been convicted 
of the offense four or more times;
(xxvii)
any combination of convictions of lewdness under Section 
76-9-702
, and of 
sexual battery under Section 
76-9-702.1
, that total four or more convictions;
(xxviii)
lewdness involving a child under Section 
76-9-702.5
;
(xxix)
a felony or class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(xxx)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
; 
or
(xxxi)
attempting, soliciting, or conspiring to commit a felony offense listed in this 
Subsection (19)(a);
(b)
(i)
who has been convicted of a crime, or an attempt, solicitation, or conspiracy to 
commit a crime in another jurisdiction, including a state, federal, or military court, 
that is substantially equivalent to the offenses listed in Subsection (19)(a); and
(ii)
(A)
who is
a Utah resident; or
(B)
who is not a Utah resident but is in this state for a total of 10 days in a 
12-month period, 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 another jurisdiction of 
original conviction;
(B)
who is required to register as a sex offender by a 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 
a previous registration requirement; and
(ii)
who is in this state for a total of 10 days in a 12-month period, regardless of 
whether 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 (19)(a) or 
a substantially equivalent offense in another jurisdiction; or
(B)
who is required to register in the individual's jurisdiction of residence based 
on a conviction for an offense that is not substantially equivalent to an offense 
listed in Subsection (19)(a);
(e)
who is found not guilty by reason of insanity in this state, or in another jurisdiction of 
one or more offenses listed in Subsection (19)(a); or
(f)
(i)
who is adjudicated under Section 
80-6-701
 for one or more offenses listed in 
Subsection (19)(a); and
(ii)
who has been committed to the division for secure care, as defined in Section 
80-1-102
, for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(20)
"Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving 
Under the Influence and Reckless Driving.
(21)
"Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in 
any jurisdiction.
Section 30, Section 
77-41-106
 is amended to read:
77-41-106
. Offenses requiring lifetime registration.
Offenses referred to in Subsection 
77-41-105
(3)(c)(i) requiring lifetime registration are:
(1)
an offense listed in Subsection 
77-41-102
(1), (11), or (19) if, at the time of the 
conviction for the offense, the offender has previously been convicted of an offense 
listed in Subsection 
77-41-102
(1), (11), or (19) or has previously been required to 
register as a sex offender, kidnap offender, or child abuse offender for an offense 
committed as a juvenile;
(2)
a conviction for a following offense, including attempting, soliciting, or conspiring to 
commit a felony of:
(a)
child kidnapping under Section 
76-5-301.1
, except if the offender is a natural parent 
of the victim;
(b)
rape under Section 
76-5-402
;
(c)
rape of a child under Section 
76-5-402.1
;
(d)
object rape under Section 
76-5-402.2
;
(e)
object rape of a child under Section 
76-5-402.3
;
(f)
sodomy on a child under Section 
76-5-403.1
;
(g)
aggravated sexual abuse of a child under Section 
76-5-404.3
; or
(h)
aggravated sexual assault under Section 
76-5-405
;
(3)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(4)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5
(4)(b);
(5)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(6)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(7)
aggravated kidnapping under Section 
76-5-302
, except if the offender is a natural parent 
of the victim;
(8)
forcible sodomy under Section 
76-5-403
;
(9)
sexual abuse of a child under Section 
76-5-404.1
;
(10)
sexual exploitation of a minor under Section 
76-5b-201
;
(11)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(12)
aggravated sexual extortion under Subsection 
76-5b-204
(2)(b);
 or
(13)
aggravated exploitation of prostitution under Section 
76-10-1306
76-5d-208
, on or 
after May 10, 2011; or
(14)
a felony violation of enticing a minor under Section 
76-4-401
 if the offender enticed 
the minor to engage in sexual activity that is one of the offenses described in 
Subsections (2) through (13).
Section 31, Section 
78B-6-1101
 is amended to read:
78B-6-1101
. Definitions -- Nuisance -- Right of action -- Agriculture operations.
(1)
A nuisance is anything that is injurious to health, indecent, offensive to the senses, or an 
obstruction to the free use of property, so as to interfere with the comfortable enjoyment 
of life or property. A nuisance may be the subject of an action.
(2)
A nuisance may include the following:
(a)
drug houses and drug dealing as provided in Section 
78B-6-1107
;
(b)
gambling as provided in 
Title 76, Chapter 10, Part 11, Gambling
;
(c)
criminal activity committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity committed for the benefit of, at the direction of, or in association 
with any criminal street gang as defined in Section 
76-9-802
;
(e)
criminal activity committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
party houses that frequently create conditions defined in Subsection 
(1)
; and
(g)
prostitution as provided in 
Title 76, Chapter 10, Part 13, Prostitution
Title 76, 
Chapter 5d, Prostitution
.
(3)
A nuisance under this part includes tobacco smoke that drifts into a residential unit a 
person rents, leases, or owns, from another residential or commercial unit and the smoke:
(a)
drifts in more than once in each of two or more consecutive seven-day periods; and
(b)
creates any of the conditions under Subsection 
(1)
.
(4)
Subsection 
(3)
 does not apply to:
(a)
a residential rental unit available for temporary rental, such as for a vacation, or 
available for only 30 or fewer days at a time; or
(b)
a hotel or motel room.
(5)
Subsection 
(3)
 does not apply to a unit that is part of a timeshare development, as 
defined in Section 
57-19-2
, or subject to a timeshare interest as defined in Section 
57-19-2
.
(6)
An action may be brought by a person whose property is injuriously affected, or whose 
personal enjoyment is lessened by the nuisance.
(7)
An action for nuisance against an agricultural operation is governed by 
Title 4, Chapter 
44, Agricultural Operations Nuisances Act
.
(8)
"Critical infrastructure materials operations" means the same as that term is defined in 
Section 
10-9a-901
.
(9)
"Manufacturing facility" means a factory, plant, or other facility including its 
appurtenances, where the form of raw materials, processed materials, commodities, or 
other physical objects is converted or otherwise changed into other materials, 
commodities, or physical objects or where such materials, commodities, or physical 
objects are combined to form a new material, commodity, or physical object.
Section 32, Section 
78B-6-1107
 is amended to read:
78B-6-1107
. Nuisance -- Drug houses and drug dealing -- Gambling -- Group 
criminal activity -- Party house -- Prostitution -- Weapons -- Abatement by eviction.
(1)
Every building or place is a nuisance where:
(a)
the unlawful sale, manufacture, service, storage, distribution, dispensing, or 
acquisition occurs of any controlled substance, precursor, or analog specified in 
Title 
58, Chapter 37, Utah Controlled Substances Act
;
(b)
gambling is permitted to be played, conducted, or dealt upon as prohibited in 
Title 
76, Chapter 10, Part 11, Gambling
, which creates the conditions of a nuisance as 
defined in Subsection 
78B-6-1101(1)
;
(c)
criminal activity is committed in concert with three or more persons as provided in 
Section 
76-3-203.1
;
(d)
criminal activity is committed for the benefit of, at the direction of, or in association 
with any criminal street gang as defined in Section 
76-9-802
;
(e)
criminal activity is committed to gain recognition, acceptance, membership, or 
increased status with a criminal street gang as defined in Section 
76-9-802
;
(f)
parties occur frequently which create the conditions of a nuisance as defined in 
Subsection 
78B-6-1101(1)
;
(g)
prostitution or promotion of prostitution is regularly carried on by one or more 
persons as provided in 
Title 76, Chapter 10, Part 13, Prostitution
Title 76, Chapter 
5d, Prostitution
; and
(h)
a violation of 
Title 76, Chapter 10, Part 5, Weapons
, occurs on the premises.
(2)
It is a defense to nuisance under Subsection 
(1)(a)
 if the defendant can prove that the 
defendant is lawfully entitled to possession of a controlled substance.
(3)
Sections 
78B-6-1108
 through 
78B-6-1114
 govern only an abatement by eviction of the 
nuisance as defined in Subsection 
(1)
.
Section 33, Section 
78B-9-104
 is amended to read:
78B-9-104
. Grounds for relief -- Retroactivity of rule.
(1)
Unless precluded by Section 
78B-9-106
 or 
78B-9-107
, an individual who has been 
convicted and sentenced for a criminal offense may file an action in the district court of 
original jurisdiction for postconviction relief to vacate or modify the conviction or 
sentence upon the following grounds:
(a)
the conviction was obtained or the sentence was imposed in violation of the United 
States Constitution or Utah Constitution;
(b)
the conviction was obtained or the sentence was imposed under a statute that is in 
violation of the United States Constitution or Utah Constitution, or the conduct for 
which the petitioner was prosecuted is constitutionally protected;
(c)
the sentence was imposed or probation was revoked in violation of the controlling 
statutory provisions;
(d)
the petitioner had ineffective assistance of counsel in violation of the United States 
Constitution or Utah Constitution;
(e)
newly discovered material evidence exists that requires the court to vacate the 
conviction or sentence, because:
(i)
neither the petitioner nor petitioner's counsel knew of the evidence at the time of 
trial or sentencing or in time to include the evidence in any previously filed 
post-trial motion or postconviction proceeding, and the evidence could not have 
been discovered through the exercise of reasonable diligence;
(ii)
the material evidence is not merely cumulative of evidence that was known;
(iii)
the material evidence is not merely impeachment evidence; and
(iv)
viewed with all the other evidence, the newly discovered material evidence 
demonstrates that no reasonable trier of fact could have found the petitioner guilty 
of the offense or subject to the sentence received;
(f)
the petitioner can prove that:
(i)
biological evidence, as that term is defined in Section 
77-11c-101
, relevant to the 
petitioner's conviction was not preserved in accordance with 
Title 77, Chapter 
11c, Part 4, Preservation of Biological Evidence for Violent Felony Offenses
;
(ii)
(A)
the biological evidence described in Subsection 
(1)(f)(i)
 was not tested 
previously; or
(B)
if the biological evidence described in Subsection 
(1)(f)(i)
 was tested 
previously, there is a material change in circumstance, including a scientific or 
technological advance, that would make it plausible that a test of the biological 
evidence described in Subsection 
(1)(f)(i)
 would produce a favorable test result 
for the petitioner; and
(iii)
a favorable result described in Subsection 
(1)(f)(ii)
, which is presumed for 
purposes of the petitioner's action under this section, when viewed with all the 
other evidence, demonstrates a reasonable probability of a more favorable 
outcome at trial for the petitioner;
(g)
the petitioner can prove entitlement to relief under a rule announced by the United 
States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after 
conviction and sentence became final on direct appeal, and that:
(i)
the rule was dictated by precedent existing at the time the petitioner's conviction 
or sentence became final; or
(ii)
the rule decriminalizes the conduct that comprises the elements of the crime for 
which the petitioner was convicted; or
(h)
the petitioner committed any of the following offenses while subject to force, fraud, 
or coercion, as defined in Section 
76-5-308
:
(i)
Section 
58-37-8
, possession of a controlled substance;
(ii)
Section 
76-10-1304
76-5d-206
, aiding prostitution;
(iii)
Section 
76-6-206
, criminal trespass;
(iv)
Section 
76-6-413
, theft;
(v)
Section 
76-6-502
, possession of forged writing or device for writing;
(vi)
any offense in 
Title 76, Chapter 6, Part 6, Retail Theft
;
(vii)
Subsection 
76-6-1105(2)(a)(i)(A)
, unlawful possession of another's 
identification document;
(viii)
Section 
76-9-702
, lewdness;
(ix)
Section 
76-10-1302
,
76-5d-202
, engaging in
 prostitution; or
(x)
Section 
76-10-1313
76-5d-209
, sexual solicitation
 by an actor offering to engage 
in sexual activity for compensation
.
(2)
The court may not grant relief from a conviction or sentence unless in light of the facts 
proved in the postconviction proceeding, viewed with the evidence and facts introduced 
at trial or during sentencing:
(a)
the petitioner establishes that there would be a reasonable likelihood of a more 
favorable outcome; or
(b)
if the petitioner challenges the conviction or the sentence on grounds that the 
prosecutor knowingly failed to correct false testimony at trial or at sentencing, the 
petitioner establishes that the false testimony, in any reasonable likelihood, could 
have affected the judgment of the fact finder.
(3)
(a)
The court may not grant relief from a conviction based on a claim that the 
petitioner is innocent of the crime for which convicted except as provided in 
Part 3, 
Postconviction Testing of DNA
, or 
Part 4, Postconviction Determination of Factual 
Innocence
.
(b)
Claims under 
Part 3, Postconviction Testing of DNA
, or 
Part 4, Postconviction 
Determination of Factual Innocence
, of this chapter may not be filed as part of a 
petition under this part, but shall be filed separately and in conformity with the 
provisions of 
Part 3, Postconviction Testing of DNA
, or 
Part 4, Postconviction 
Determination of Factual Innocence
.
Section 34, Section 
80-2-301
 is amended to read:
80-2-301
. Division responsibilities.
(1)
The division is the child, youth, and family services authority of the state.
(2)
The division shall:
(a)
administer services to minors and families, including:
(i)
child welfare services;
(ii)
domestic violence services; and
(iii)
all other responsibilities that the Legislature or the executive director of the 
department may assign to the division;
(b)
provide the following services:
(i)
financial and other assistance to an individual adopting a child with special needs 
under Sections 
80-2-806
 through 
80-2-809
, not to exceed the amount the division 
would provide for the child as a legal ward of the state;
(ii)
non-custodial and in-home services in accordance with Section 
80-2-306
, 
including:
(A)
services designed to prevent family break-up; and
(B)
family preservation services;
(iii)
reunification services to families whose children are in substitute care in 
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a 
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(iv)
protective supervision of a family, upon court order, in an effort to eliminate 
abuse or neglect of a child in that family;
(v)
shelter care in accordance with this chapter, Chapter 2a, Removal and Protective 
Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(vi)
domestic violence services, in accordance with the requirements of federal law;
(vii)
protective services to victims of domestic violence and the victims' children, in 
accordance with this chapter, Chapter 2a, Removal and Protective Custody of a 
Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(viii)
substitute care for dependent, abused, and neglected children;
(ix)
services for minors who are victims of human trafficking or human smuggling, 
as described in Sections 
76-5-308
 through 
76-5-310.1
, or who have engaged in 
prostitution or sexual solicitation, as defined in Sections 
76-10-1302
76-5d-202
and 
76-10-1313
76-5d-209
; and
(x)
training for staff and providers involved in the administration and delivery of 
services offered by the division in accordance with this chapter and Chapter 2a, 
Removal and Protective Custody of a Child;
(c)
establish standards for all:
(i)
contract providers of out-of-home care for minors and families;
(ii)
facilities that provide substitute care for dependent, abused, or neglected children 
placed in the custody of the division; and
(iii)
direct or contract providers of domestic violence services described in 
Subsection (2)(b)(vi);
(d)
have authority to:
(i)
contract with a private, nonprofit organization to recruit and train foster care 
families and child welfare volunteers in accordance with Section 
80-2-405
; 
(ii)
approve facilities that meet the standards established under Subsection (2)(c) to 
provide substitute care for dependent, abused, or neglected children placed in the 
custody of the division; and
(iii)
approve an individual to provide short-term relief care to a foster parent if the 
individual:
(A)
provides the relief care for less than six consecutive nights;
(B)
provides the relief care in the short-term relief care provider's home;
(C)
is direct access qualified, as that term is defined in Section 
26B-2-120
; and
(D)
is an immediate family member or relative, as those terms are defined in 
Section 
80-3-102
, of the foster parent;
(e)
cooperate with the federal government in the administration of child welfare and 
domestic violence programs and other human service activities assigned by the 
department;
(f)
in accordance with Subsection (5)(a), promote and enforce state and federal laws 
enacted for the protection of abused, neglected, or dependent children, in accordance 
with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless 
administration is expressly vested in another division or department of the state;
(g)
cooperate with the Workforce Development Division within the Department of 
Workforce Services in meeting the social and economic needs of an individual who is 
eligible for public assistance;
(h)
compile relevant information, statistics, and reports on child and family service 
matters in the state;
(i)
prepare and submit to the department, the governor, and the Legislature reports of the 
operation and administration of the division in accordance with the requirements of 
Sections 
80-2-1102
 and 
80-2-1103
;
(j)
within appropriations from the Legislature, provide or contract for a variety of 
domestic violence services and treatment methods;
(k)
enter into contracts for programs designed to reduce the occurrence or recurrence of 
abuse and neglect in accordance with Section 
80-2-503
;
(l)
seek reimbursement of funds the division expends on behalf of a child in the 
protective custody, temporary custody, or custody of the division, from the child's 
parent or guardian in accordance with an order for child support under Section 
78A-6-356
;
(m)
ensure regular, periodic publication, including electronic publication, regarding the 
number of children in the custody of the division who:
(i)
have a permanency goal of adoption; or
(ii)
have a final plan of termination of parental rights, under Section 
80-3-409
, and 
promote adoption of the children;
(n)
subject to Subsections (5) and (7), refer an individual receiving services from the 
division to the local substance abuse authority or other private or public resource for 
a court-ordered drug screening test;
(o)
report before November 30, 2020, and every third year thereafter, to the Social 
Services Appropriations Subcommittee regarding:
(i)
the daily reimbursement rate that is provided to licensed foster parents based on 
level of care;
(ii)
the amount of money spent on daily reimbursements for licensed foster parents 
during the previous fiscal year; and
(iii)
any recommended changes to the division's budget to support the daily 
reimbursement rates described in Subsection (2)(o)(i); 
(p)
when a division child welfare caseworker identifies a safety concern with the foster 
home, cooperate with the Office of Licensing and make a recommendation to the 
Office of Licensing concerning whether the foster home's license should be placed on 
conditions, suspended, or revoked; and
(q)
perform other duties and functions required by law.
(3)
(a)
The division may provide, directly or through contract, services that include the 
following:
(i)
adoptions;
(ii)
day-care services;
(iii)
out-of-home placements for minors;
(iv)
health-related services;
(v)
homemaking services;
(vi)
home management services;
(vii)
protective services for minors;
(viii)
transportation services; or
(ix)
domestic violence services.
(b)
The division shall monitor services provided directly by the division or through 
contract to ensure compliance with applicable law and rules made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i)
Except as provided in Subsection (3)(c)(ii), if the division provides a service 
through a private contract, the division shall post the name of the service provider 
on the division's website.
(ii)
Subsection (3)(c)(i) does not apply to a foster parent placement.
(4)
(a)
The division may:
(i)
receive gifts, grants, devises, and donations;
(ii)
encourage merchants and service providers to:
(A)
donate goods or services; or
(B)
provide goods or services at a nominal price or below cost;
(iii)
distribute goods to applicants or consumers of division services free or for a 
nominal charge and tax free; and
(iv)
appeal to the public for funds to meet needs of applicants or consumers of 
division services that are not otherwise provided by law, including Sub-for-Santa 
programs, recreational programs for minors, and requests for household 
appliances and home repairs.
(b)
If requested by the donor and subject to state and federal law, the division shall use a 
gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for 
the purpose requested by the donor.
(5)
(a)
In carrying out the requirements of Subsection (2)(f), the division shall:
(i)
cooperate with the juvenile courts, the Division of Juvenile Justice and Youth 
Services, and with all public and private licensed child welfare agencies and 
institutions to develop and administer a broad range of services and support;
(ii)
take the initiative in all matters involving the protection of abused or neglected 
children, if adequate provisions have not been made or are not likely to be made; 
and
(iii)
make expenditures necessary for the care and protection of the children described 
in Subsection (5)(a)(ii), within the division's budget.
(b)
If an individual is referred to a local substance abuse authority or other private or 
public resource for court-ordered drug screening under Subsection (2)(n), the court 
shall order the individual to pay all costs of the tests unless:
(i)
the cost of the drug screening is specifically funded or provided for by other 
federal or state programs;
(ii)
the individual is a participant in a drug court; or
(iii)
the court finds that the individual is an indigent individual.
(6)
Except to the extent provided by rules made in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, the division is not required to investigate 
domestic violence in the presence of a child, as described in Section 
76-5-114
.
(7)
(a)
Except as provided in Subsection (7)(b), the division may not:
(i)
require a parent who has a child in the custody of the division to pay for some or 
all of the cost of any drug testing the parent is required to undergo; or
(ii)
refer an individual who is receiving services from the division for drug testing by 
means of a hair, fingernail, or saliva test that is administered to detect the presence 
of drugs.
(b)
Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is 
receiving services from the division for drug testing by means of a saliva test if:
(i)
the individual consents to drug testing by means of a saliva test; or
(ii)
the court, based on a finding that a saliva test is necessary in the circumstances, 
orders the individual to complete drug testing by means of a saliva test.
Section 35, Section 
80-6-303.5
 is amended to read:
80-6-303.5
. Preliminary inquiry by juvenile probation officer -- Eligibility for 
nonjudicial adjustment.
(1)
If the juvenile court receives a referral for an offense committed by a minor that is, or 
appears to be, within the juvenile court's jurisdiction, or for the minor being a habitual 
truant, a juvenile probation officer shall make a preliminary inquiry in accordance with 
this section to determine whether the minor is eligible to enter into a nonjudicial 
adjustment.
(2)
If a minor is referred to the juvenile court for multiple offenses arising from a single 
criminal episode, and the minor is eligible under this section for a nonjudicial 
adjustment, the juvenile probation officer shall offer the minor one nonjudicial 
adjustment for all offenses arising from the single criminal episode.
(3)
(a)
The juvenile probation officer may:
(i)
conduct a validated risk and needs assessment; and
(ii)
request that a prosecuting attorney review a referral in accordance with Section 
80-6-304.5
 if:
(A)
the results of the validated risk and needs assessment indicate the minor is 
high risk; or
(B)
the results of the validated risk and needs assessment indicate the minor is 
moderate risk and the referral is for a class A misdemeanor violation under 
Title 76, Chapter 5, Offenses Against the Individual, or Title 76, Chapter 9, 
Part 7, Miscellaneous Provisions.
(b)
If the referral involves an offense that is a violation of Section 
41-6a-502
, the minor 
shall:
(i)
undergo a drug and alcohol screening;
(ii)
if found appropriate by the screening, participate in an assessment; and
(iii)
if warranted by the screening and assessment, follow the recommendations of the 
assessment.
(4)
Except for an offense that is not eligible under Subsection (8), the juvenile probation 
officer shall offer a nonjudicial adjustment to a minor if:
(a)
the minor:
(i)
is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii)
has no more than two prior adjudications; and
(iii)
has no more than two prior unsuccessful nonjudicial adjustment attempts; 
(b)
the minor is referred for an offense that is alleged to have occurred before the minor 
was 12 years old; or
(c)
the minor is referred for being a habitual truant.
(5)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial 
adjustment.
(6)
For purposes of determining a minor's eligibility for a nonjudicial adjustment under 
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a 
single criminal episode that resulted in one or more prior adjudications as a single 
adjudication.
(7)
Except for a referral that involves an offense described in Subsection (8), the juvenile 
probation officer may offer a nonjudicial adjustment to a minor who does not meet the 
criteria described in Subsection (4)(a).
(8)
The juvenile probation officer may not offer a minor a nonjudicial adjustment if the 
referral involves:
(a)
an offense alleged to have occurred when the minor was 12 years old or older that is:
(i)
a felony offense; or
(ii)
a misdemeanor violation of:
(A)
Section 
41-6a-502
, driving under the influence;
(B)
Section 
76-5-107
, threat of violence;
(C)
Section 
76-5-107.1
, threats against schools;
(D)
Section 
76-5-112
, reckless endangerment creating a substantial risk of death 
or serious bodily injury;
(E)
Section 
76-5-206
, negligent homicide;
(F)
Section 
76-5d-204
, patronizing a prostituted individual who is a child;
(G)
Section 
76-5d-211
, sexual solicitation by an actor offering compensation to a 
child in exchange for sexual activity;
(F)
(H)
Section 
76-9-702.1
, sexual battery;
(G)
(I)
Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short 
barreled shotgun on or about school premises;
(H)
(J)
Section 
76-10-506
, threatening with or using a dangerous weapon in fight 
or quarrel;
(I)
(K)
Section 
76-10-507
, possession of a deadly weapon with criminal intent; or
(J)
(L)
Section 
76-10-509.4
, possession of a dangerous weapon by a minor; or
(b)
an offense alleged to have occurred before the minor is 12 years old that is a felony 
violation of:
(i)
Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii)
Section 
76-5-203
, murder or attempted murder;
(iv)
Section 
76-5-302
, aggravated kidnapping;
(v)
Section 
76-5-405
, aggravated sexual assault;
(vi)
Section 
76-6-103
, aggravated arson;
(vii)
Section 
76-6-203
, aggravated burglary;
(viii)
Section 
76-6-302
, aggravated robbery; or
(ix)
Section 
76-10-508.1
, felony discharge of a firearm.
(9)
The juvenile probation officer shall request that a prosecuting attorney review a referral 
if:
(a)
the referral involves an offense described in Subsection (8); or
(b)
the minor has a current suspended order for custody under Section 
80-6-711
.
Section 36, Section 
80-6-1002
 is amended to read:
80-6-1002
. Vacatur of an adjudication.
(1)
(a)
An individual who has been adjudicated for an offense by the juvenile court may 
petition the juvenile court for vacatur of the adjudication if the adjudication was for a 
violation of:
(i)
Section 
76-5-308
, human trafficking for labor if the petitioner engaged in the 
human trafficking for labor while subject to force, fraud, or coercion;
(ii)
Section 
76-10-1302
,
76-5d-202
, engaging in
 prostitution;
(iii)
Section 
76-10-1304
76-5d-206
, aiding prostitution; or
(iv)
Section 
76-10-1313
76-5d-209
, sexual solicitation
 by an actor offering to 
engage in sexual activity for compensation
.
(b)
The petitioner shall include in the petition the relevant juvenile court incident 
number and any agencies known or alleged to have any records related to the offense 
for which vacatur is being sought.
(c)
The petitioner shall include with the petition the original criminal history report 
obtained from the Bureau of Criminal Identification in accordance with the 
provisions of Section 
53-10-108
.
(d)
The petitioner shall send a copy of the petition to the prosecuting attorney.
(2)
(a)
Upon the filing of a petition, the juvenile court shall:
(i)
set a date for a hearing; and
(ii)
at least 30 days before the day on which the hearing on the petition is scheduled, 
notify the prosecuting attorney and any affected agency identified in the juvenile 
record:
(A)
that a petition has been filed; and
(B)
of the date of the hearing.
(b)
(i)
The juvenile court shall provide a victim with the opportunity to request notice 
of a petition for vacatur.
(ii)
At least 30 days before the day on which the hearing is scheduled, a victim shall 
receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or 
the victim's next of kin or authorized representative if the victim is a child or an 
individual who is incapacitated or deceased, submits a written and signed request 
for notice to the court in the judicial district in which the crime occurred or 
judgment was entered.
(iii)
The notice shall include a copy of the petition and statutes and rules applicable to 
the petition.
(c)
At the hearing, the petitioner, the prosecuting attorney, a victim, and any other 
person who may have relevant information about the petitioner may testify.
(3)
(a)
In deciding whether to grant a petition for vacatur of an adjudication of an offense 
for human trafficking of labor described in Subsection 
(1)(a)(i)
, the juvenile court 
shall consider whether the petitioner acted subject to force, fraud, or coercion at the 
time of the conduct giving rise to the adjudication.
(b)
If the juvenile court finds by a preponderance of the evidence that the petitioner was 
subject to force, fraud, or coercion at the time of the conduct giving rise to the 
adjudication, the juvenile court shall grant vacatur of the adjudication.
(c)
If the juvenile court does not find sufficient evidence, the juvenile court shall deny 
vacatur of the adjudication.
(4)
If the petition seeks to vacate an adjudication of an offense described in 
Subsection
Subsections
(1)(a)(ii)
 through 
(iv)
, the juvenile court shall presumptively grant vacatur 
of the adjudication unless the petitioner acted as a purchaser of any sexual activity.
(5)
(a)
Except as provided in Subsection 
(5)(b)
, if the juvenile court grants a vacatur of 
an adjudication for an offense described in Subsection 
(1)(a)
, the juvenile court shall 
order expungement of all records in the petitioner's juvenile record pertaining to the 
incident identified in the petition, including relevant related records contained in the 
Management Information System and the Licensing Information System.
(b)
The juvenile court may not order expungement of any record in the petitioner's 
juvenile record that contains an adjudication for a violation of:
(i)
Section 
76-5-202
, aggravated murder; or
(ii)
Section 
76-5-203
, murder.
(6)
(a)
The petitioner shall be responsible for service of the vacatur and expungement 
order to all affected state, county, and local entities, agencies, and officials.
(b)
To avoid destruction or expungement of the records in whole or in part, the agency 
or entity receiving the vacatur and expungement order shall only expunge all 
references to the petitioner's name in the records pertaining to the relevant 
adjudicated juvenile court incident.
(7)
(a)
Upon entry of a vacatur and expungement order under this section:
(i)
the proceedings in the incident identified in the petition are considered never to 
have occurred; and
(ii)
the petitioner may reply to an inquiry on the matter as though the proceedings 
never occurred.
(b)
Upon petition, any record expunged under this section may only be released to or 
viewed by:
(i)
the individual who is the subject of the record; or
(ii)
a person named in the petition of vacatur.
Section 37, 
Repealer.
Prosecution.
Definitions.
Section 38. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 39. 
Coordinating H.B. 22 with H.B. 21.
If H.B. 22, Prostitution Offense Amendments, and H.B. 21, Criminal Code 
Recodification and Cross References, both pass and become law, the Legislature intends that, 
on May 7, 2025:
(1) the amendments to the following sections in H.B. 22 supersede the amendments to those 
sections in H.B. 21:
(a) Section 
26B-7-205
;
(b) Section 
76-2-304.5
; 
(c) Section 
76-5d-101
 (renumbered from Section 76-10-1301);
(d) Section 
76-5d-102
 (renumbered from Section 76-10-1307);
(e) Section 
76-5d-103
 (renumbered from Section 76-10-1311);
(f) Section 
76-5d-104
 (renumbered from Section 76-10-1312);
(g) Section 
76-5d-105
 (renumbered from Section 76-10-1314);
(h) Section 
76-5d-201
;
(i) Section 
76-5d-204
;
(j) Section 
76-5d-209
 (renumbered from Section 76-10-1313);
(k) Section 
76-5d-210
;
(l) Section 
80-2-301
; and
(m) Section 
80-6-1002
; and
(2) Section 
76-10-1309
 be renumbered to Section 
76-5d-212
 and the amendments in H.B. 
22 supersede the amendments to H.B. 21 in renumbered Section 
76-10-1309
.
3-13-25 11:16 AM