Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 105 (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:
• amends the penalty for attempted murder;
• amends the crime of interference with a public servant;
• makes it a crime for an individual occupying a position of special trust in a high school to engage in certain sexual conduct with an adult high school student;
• makes it a crime for an individual to remove the clothing of another individual without the individual's consent in certain circumstances;
• repeals Title 76, Chapter 8, Part 8, Sabotage Prevention;
• contains a coordination clause to coordinate technical changes between this bill and H.B. 21, Criminal Code Recodification and Cross References; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

10
76-4-102
76-5-203
76-5-417
76-8-301.2
76-8-802
76-8-803
76-8-804
76-8-805
76-8-807
76-8-810
76-8-811
76-9-702.9
HB0105
HB0021
76-9-702.9
0
Criminal Code Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill makes changes to criminal offenses in Title 76, Utah Criminal Code.
Highlighted Provisions:
This bill:
amends the penalty for attempted murder;
amends the crime of interference with a public servant;
makes it a crime for an individual occupying a position of special trust in a high school to 
engage in certain sexual conduct with an adult high school student;
makes it a crime for an individual to remove the clothing of another individual without 
the individual's consent in certain circumstances;
repeals Title 76, Chapter 8, Part 8, Sabotage Prevention;
contains a coordination clause to coordinate technical changes between this bill and H.B. 
21, Criminal Code Recodification and Cross References; 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:
76-4-102
, as last amended by Laws of Utah 2013, Chapter 93
76-5-203
, as last amended by Laws of Utah 2024, Chapters 96, 187
76-8-301.2
, as enacted by Laws of Utah 2024, Chapter 96
ENACTS:
76-5-417
, Utah Code Annotated 1953
76-9-702.9
, Utah Code Annotated 1953
REPEALS:
76-8-802
, as last amended by Laws of Utah 2024, Chapter 96
76-8-803
, as last amended by Laws of Utah 2024, Chapter 96
76-8-804
, as last amended by Laws of Utah 2024, Chapter 96
76-8-805
, as last amended by Laws of Utah 2024, Chapter 96
76-8-807
, as last amended by Laws of Utah 2024, Chapter 96
76-8-810
, as last amended by Laws of Utah 2024, Chapter 96
76-8-811
, as last amended by Laws of Utah 2024, Chapter 96
Utah Code Sections Affected by Coordination Clause:
AMENDS:
76-9-702.9
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-4-102
 is amended to read:
76-4-102
. Attempt -- Classification of offenses.
(1)
Criminal attempt
A violation of Section 
76-4-101
 where the actor attempts
 to commit:
(a)
(i)
a capital felony, or a felony punishable by imprisonment for life without parole, 
is a first degree felony;
(ii)
except as provided in Subsection 
(2)
, 
an attempt to commit 
aggravated murder
,
under
 Section 
76-5-202
, which results in serious bodily injury, is punishable by 
imprisonment for an indeterminate term of not fewer than 15 years and which may 
be for life;
(b)
except as provided in Subsection 
(1)(c)
 or
,
(d)
,
 or (e),
 a first degree felony is a 
second degree felony;
(c)
murder under Subsection 
76-5-203(2)(a)
 is a first degree felony punishable by 
imprisonment for an indeterminate term of not fewer than five years and which may 
be for life;
(c)
(d)
any of
one of the
 the following offenses is a first degree felony 
that is 
punishable by imprisonment for an indeterminate term of not fewer than three years 
and which may be for life:
(i)
murder, Subsection 
76-5-203(2)(a)
;
(ii)
(i)
child kidnapping
,
 under
 Section 
76-5-301.1
; or
(iii)
(ii)
except as provided in Subsection 
(1)(d)
, any of the felonies
(1)(e), a felony
described in 
Title 76, Chapter 5, Part 4, Sexual Offenses
, that 
are first degree 
felonies
is a first degree felony
;
(d)
(e)
except as provided in Subsection 
(3)
, 
any
one
 of the following offenses is a first 
degree felony
,
 that is
 punishable by
 a term of
 imprisonment 
for an indeterminate 
term 
of not 
less
fewer
 than 15 years and which may be for life:
(i)
rape of a child
,
 under
 Section 
76-5-402.1
;
(ii)
object rape of a child
,
 under
 Section 
76-5-402.3
; or
(iii)
sodomy on a child
,
 under
 Section 
76-5-403.1
;
(e)
(f)
a second degree felony is a third degree felony;
(f)
(g)
a third degree felony is a class A misdemeanor;
(g)
(h)
a class A misdemeanor is a class B misdemeanor;
(h)
(i)
a class B misdemeanor is a class C misdemeanor; and
(i)
(j)
a class C misdemeanor is punishable by a penalty not exceeding one half the 
penalty for a class C misdemeanor.
(2)
If, when imposing a sentence under Subsection 
(1)(a)(ii)
, a court finds that a lesser term 
than the term described in Subsection 
(1)(a)(ii)
 is in the interests of justice and the court 
states the reasons for this finding on the record, the court may impose a term of 
imprisonment of not less than:
(a)
10 years and which may be for life; or
(b)
six years and which may be for life.
(3)
If, when imposing a sentence under Subsection 
(1)(d)
,
(1)(e),
 a court finds that a lesser 
term than the term described in Subsection 
(1)(d)
(1)(e)
 is in the interests of justice and 
states the reasons for this finding on the record, the court may impose a term of 
imprisonment of not less than:
(a)
10 years and which may be for life;
(b)
six years and which may be for life; or
(c)
three years and which may be for life.
Section 2, Section 
76-5-203
 is amended to read:
76-5-203
. Murder -- Penalties -- Affirmative defense and special mitigation -- 
Separate offenses.
(1)
(a)
As used in this section, "predicate offense" means:
(i)
a clandestine drug lab violation under Section 
58-37d-4
 or 
58-37d-5
;
(ii)
aggravated child abuse, under Subsection 
76-5-109.2
(3)(a), when the abused 
individual is younger than 18 years old;
(iii)
kidnapping under Section 
76-5-301
;
(iv)
child kidnapping under Section 
76-5-301.1
;
(v)
aggravated kidnapping under Section 
76-5-302
;
(vi)
rape under Section 
76-5-402
;
(vii)
rape of a child under Section 
76-5-402.1
;
(viii)
object rape under Section 
76-5-402.2
;
(ix)
object rape of a child under Section 
76-5-402.3
;
(x)
forcible sodomy under Section 
76-5-403
;
(xi)
sodomy upon a child under Section 
76-5-403.1
;
(xii)
forcible sexual abuse under Section 
76-5-404
;
(xiii)
sexual abuse of a child under Section 
76-5-404.1
;
(xiv)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xv)
aggravated sexual assault under Section 
76-5-405
;
(xvi)
arson under Section 
76-6-102
;
(xvii)
aggravated arson under Section 
76-6-103
;
(xviii)
burglary under Section 
76-6-202
;
(xix)
aggravated burglary under Section 
76-6-203
;
(xx)
robbery under Section 
76-6-301
;
(xxi)
aggravated robbery under Section 
76-6-302
;
(xxii)
escape under Section 
76-8-309
; 
(xxiii)
aggravated escape under Section 
76-8-309.3
; or
(xxiv)
a felony violation of Section 
76-10-508
 or 
76-10-508.1
 regarding discharge of 
a firearm or dangerous weapon.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits murder if:
(a)
the actor intentionally or knowingly causes the death of another individual;
(b)
intending to cause serious bodily injury to another individual, the actor commits an 
act clearly dangerous to human life that causes the death of the other individual;
(c)
acting under circumstances evidencing a depraved indifference to human life, the 
actor knowingly engages in conduct that creates a grave risk of death to another 
individual and thereby causes the death of the other individual;
(d)
(i)
the actor is engaged in the commission, attempted commission, or immediate 
flight from the commission or attempted commission of any predicate offense, or 
is a party to the predicate offense;
(ii)
an individual other than a party described in Section 
76-2-202
 is killed in the 
course of the commission, attempted commission, or immediate flight from the 
commission or attempted commission of any predicate offense; and
(iii)
the actor acted with the intent required as an element of the predicate offense;
(e)
the actor recklessly causes the death of a peace officer or military service member in 
uniform while in the commission or attempted commission of:
(i)
an assault against a peace officer under Section 
76-5-102.4
;
(ii)
interference with a peace officer while making a lawful arrest under Section 
76-8-305
 if the actor uses force against the peace officer; or
(iii)
an assault against a military service member in uniform under Section 
76-5-102.4
; 
or
(f)
the actor commits a homicide that would be aggravated murder, but the offense is 
reduced in accordance with Subsection 
76-5-202
(4).
(3)
(a)
(i)
A violation of Subsection (2) is a first degree felony.
(ii)
A defendant who is convicted of murder shall be sentenced to imprisonment for 
an indeterminate term of not less than 15 years and which may be for life.
(b)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, 
or alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds that the existence of special mitigation is established 
by a preponderance of the evidence and in accordance with Section 
76-5-205.5
, the 
court shall enter a judgment of conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall, 
notwithstanding Subsection 
76-4-102
(1)(b) or 
76-4-102
(1)(c)(i)
76-4-102(1)(c)
, 
enter a judgment of conviction for attempted manslaughter.
(4)
(a)
It is an affirmative defense to a charge of murder or attempted murder that the 
defendant caused the death of another individual or attempted to cause the death of 
another individual under a reasonable belief that the circumstances provided a legal 
justification or excuse for the conduct although the conduct was not legally justifiable 
or excusable under the existing circumstances.
(b)
The reasonable belief of the actor under Subsection (4)(a) shall be determined from 
the viewpoint of a reasonable person under the then existing circumstances.
(c)
Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or 
alternatively, attempted murder, as described in this section are proved beyond a 
reasonable doubt, and also finds the affirmative defense described in this Subsection 
(4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of 
conviction as follows:
(i)
if the trier of fact finds the defendant guilty of murder, the court shall enter a 
judgment of conviction for manslaughter; or
(ii)
if the trier of fact finds the defendant guilty of attempted murder, the court shall 
enter a judgment of conviction for attempted manslaughter.
(5)
(a)
Any predicate offense that constitutes a separate offense does not merge with the 
crime of murder.
(b)
An actor who is convicted of murder, based on a predicate offense that constitutes a 
separate offense, may also be convicted of, and punished for, the separate offense.
Section 3, Section 
76-5-417
 is enacted to read:
76-5-417
. Sexual relations with an adult high school student.
(1)
(a)
As used in this section:
(i)
"Actor" means an individual who is 21 years old or older.
(ii)
"Adult high school student" means an individual who is 18 to 21 years old and 
enrolled at a high school.
(iii)
"High school" means a district, charter, or private school that is comprised of 
grade 9, 10, 11, or 12.
(iv)
"Position of special trust" means the following positions in a high school:
(A)
a teacher;
(B)
an administrator;
(C)
a coach;
(D)
a counselor; or
(E)
an individual other than an individual listed in Subsections (1)(a)(iv)(A) 
through (1)(a)(iv)(D) who occupies a position of authority that enables the 
individual to exercise undue influence over an adult high school student.
(v)
"Sexual intercourse" means any penetration, however slight, of:
(A)
the genitals or anus of an individual by another individual using any body 
part, object, or substance; or
(B)
the mouth of an individual by another individual's genitals.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits sexual relations with an adult high school student if the actor:
(a)
(i)
has sexual intercourse with an adult high school student; or
(ii)
with the intent to cause substantial emotional or bodily pain to any individual or 
with the intent to arouse or gratify the sexual desire of any individual:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of an adult 
high school student;
(B)
touches the breast of a female adult high school student; or
(C)
otherwise takes indecent liberties with an adult high school student;
(b)
occupies a position of special trust in relation to the adult high school student 
described in Subsection (2)(a); and
(c)
knows or should have known that the individual with which the actor committed the 
acts described in Subsection 
(2)(a)
 was an adult high school student.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection 
(2)(a)(ii)
.
(5)
Consent of an adult high school student to an act described in Subsection 
(2)
 is not a 
defense to prosecution under this section.
Section 4, Section 
76-8-301.2
 is amended to read:
76-8-301.2
. Denial of public servant's use of public property.
(1)
(a)
As used in this section, "public servant" does not include a juror.
(b)
Terms defined in Sections 
76-1-101.5
 and 
76-8-101
 apply to this section.
(2)
An actor commits denial of public servant's use of public property if
, under 
circumstances not amounting to unlawful detention and unlawful detention of a minor as 
described in Section 
76-5-304
,
 the actor, on property that is owned, operated, or 
controlled by the state or a political subdivision of the state, willfully denies to a public 
servant lawful:
(a)
freedom of movement;
(b)
use of the property or facility; or
(c)
entry into or exit from the facility.
(3)
A violation of Subsection (2) is a class C misdemeanor.
Section 5, Section 
76-9-702.9
 is enacted to read:
76-9-702.9
. Indecent exposure of another individual.
(1)
(a)
As used in this section:
(i)
"First responder" means the same as that term is defined in Section 
34A-2-102
.
(ii)
"Health care professional" means the same as that term is defined in Section 
53-3-207
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits indecent exposure of another individual if the actor exposes in a 
public place, without the individual's consent, the individual's:
(a)
undergarments intended to cover the individual's genitals, breasts if the individual is 
female, buttocks, anus, or pubic area; or
(b)
genitals, breast below the top of the areola if the individual is female, buttocks, anus, 
or pubic area.
(3)
(a)
A violation of Subsection 
(2)(a)
 is a class C misdemeanor.
(b)
Except as provided in Subsection 
(3)(c)
, a violation of Subsection 
(2)
(b)
 is a class B 
misdemeanor.
(c)
A violation of Subsection 
(2)(b)
 is a class A misdemeanor if the actor committed the 
violation in the presence of an individual who is younger than 14 years old.
(4)
An actor under the age of 18 years old may not be referred to the juvenile court or 
prosecuting attorney under this section unless the actor has previously received a written 
warning from a law enforcement officer for conduct described in Subsection 
(2)
.
(5)
This section does not apply to a first responder or health care professional who removes 
the clothing of another individual during an emergency to provide medical care to that 
individual resulting in the exposure of that individual described in Subsection 
(2)
.
Section 6, 
Repealer.
Destruction of property to interfere with preparations for defense or 
war.
Causing or omitting to note defects in articles used in preparation for 
defense or war.
Attempts to commit crimes of sabotage.
Conspiracy to commit crimes of sabotage.
Trespassing at a war or defense facility.
Violation of an order closing or restricting a highway.
Bargaining rights of employees not impaired by sabotage prevention 
laws.
Section 7. 
Effective date.
This bill takes effect on 
May 7, 2025
.
Section 8. 
Coordinating H.B. 105 with H.B. 21.
If H.B. 105, Criminal Code Modifications, and H.B. 21, Criminal Code 
Recodification and Cross References, both pass and become law, the Legislature intends that, 
on May 7, 2025, Section 
76-9-702.9
, enacted in H.B. 105, be renumbered to Section 
76-5-421
.
3-7-25 11:30 AM