Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 207 (2025GS)

Sponsor

Rep. Whyte, Stephen L.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends sentencing provisions concerning repeat and habitual sex offenders, including requiring mandatory imprisonment;
• provides a definition of a female breast for purposes of certain sexual and sexual exploitation offenses that includes a breast that is undeveloped or partially developed;
• expands the definition of "child sexual abuse material" to include a minor observing or being used for sexually explicit conduct;
• modifies the definition of "sexual explicit conduct" concerning certain bodily functions;
• changes the mental state necessary to commit the offense of sexual exploitation of a minor;
• expands the offense of sexual exploitation of a minor to include when an actor accesses child sexual abuse material with the intent to view;
• provides a safe harbor provision for certain employees and independent contractors who are required to access or view child sexual abuse material within the scope of employment;
• changes the mental state necessary to commit the offense of aggravated sexual exploitation of a minor;
• amends the offense of aggravated sexual exploitation of a minor to remove a lesser penalty for circumstances when the child sexual abuse material depicts an individual who is 14 years old or older and pubescent;
• includes a coordination clause to merge the changes to Section 76-3-406 if both this bill and H.B. 78, Criminal Offenses Amendments, both pass and become law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

26
76-3-203.13
76-3-406
76-3-407
76-5-401.1
76-5-401.2
76-5-404
76-5-404.1
76-5-412.2
76-5-413.2
76-5b-103
76-5b-201
76-5b-201.1
HB0207
HB0078
76-3-406
0
Sexual Offense Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen L. Whyte
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill changes certain sexual offenses and sentencing for sexual offenses.
Highlighted Provisions:
This bill:
amends sentencing provisions concerning repeat and habitual sex offenders, including 
requiring mandatory imprisonment;
provides a definition of a female breast for purposes of certain sexual and sexual 
exploitation offenses that includes a breast that is undeveloped or partially developed;
expands the definition of "child sexual abuse material" to include a minor observing or 
being used for sexually explicit conduct;
modifies the definition of "sexual explicit conduct" concerning certain bodily functions;
changes the mental state necessary to commit the offense of sexual exploitation of a 
minor;
expands the offense of sexual exploitation of a minor to include when an actor accesses 
child sexual abuse material with the intent to view;
provides a safe harbor provision for certain employees and independent contractors who 
are required to access or view child sexual abuse material within the scope of 
employment;
changes the mental state necessary to commit the offense of aggravated sexual 
exploitation of a minor;
amends the offense of aggravated sexual exploitation of a minor to remove a lesser 
penalty for circumstances when the child sexual abuse material depicts an individual 
who is 14 years old or older and pubescent; 
includes a coordination clause to merge the changes to Section 76-3-406 if both this bill 
and H.B. 78, Criminal Offenses Amendments, both 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:
76-3-203.13
, as last amended by Laws of Utah 2022, Chapter 181
76-3-406
, as last amended by Laws of Utah 2024, Chapter 96
76-3-407
, as last amended by Laws of Utah 2023, Chapter 457
76-5-401.1
, as last amended by Laws of Utah 2024, Chapter 234
76-5-401.2
, as last amended by Laws of Utah 2022, Chapter 181
76-5-404
, as last amended by Laws of Utah 2022, Chapter 181
76-5-404.1
, as last amended by Laws of Utah 2024, Chapters 96, 97
76-5-412.2
, as enacted by Laws of Utah 2022, Chapter 181
76-5-413.2
, as enacted by Laws of Utah 2022, Chapter 181
76-5b-103
, as last amended by Laws of Utah 2024, Chapters 127, 142
76-5b-201
, as last amended by Laws of Utah 2024, Chapter 142
76-5b-201.1
, as last amended by Laws of Utah 2024, Chapter 142
Utah Code Sections Affected by Coordination Clause:
AMENDS:
76-3-406
, as last amended by Laws of Utah 2024, Chapter 96
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-3-203.13
 is amended to read:
76-3-203.13
. Enhanced penalty for unlawful sexual contact with a student.
(1)
A person convicted of a sexual offense described in Section 
76-5-401.1
 or 
76-5-401.2
may be subject to an enhanced penalty if, at the time of the commission of the sexual 
offense, the actor:
(a)
was 18 years old or older;
(b)
held a position of special trust as a teacher, employee, or volunteer at a school, as 
that position is defined in Subsection 
76-5-404.1(1)
(a)(iv)(S)
76-5-404.1(1)(a)(v)(S)
; 
and
(c)
committed the offense against an individual who at the time of the offense was 
enrolled as a student at the school where the actor was employed or was acting as a 
volunteer.
(2)
The enhancement of a penalty described in Subsection 
(1)
 shall be an enhancement of 
one classification higher than the offense of which the person was convicted.
Section 2, Section 
76-3-406
 is amended to read:
76-3-406
. Crimes for which probation, suspension of sentence, lower category of 
offense, or hospitalization may not be granted.
(1)
Notwithstanding Sections 
76-3-201
 and 
77-18-105
 and Title 77, Chapter 16a, 
Commitment and Treatment of Individuals with a Mental Condition, except as provided 
in Section 
76-5-406.5
 or Subsection 
77-16a-103
(6) or (7), probation may not be granted, 
the execution or imposition of sentence may not be suspended, the court may not enter a 
judgment for a lower category of offense, and hospitalization may not be ordered, the 
effect of which would in any way shorten the prison sentence for
:
(a)
an individual who commits a capital felony or a first degree felony involving:
(a)
(i)
aggravated murder as described in Section 
76-5-202
;
(b)
(ii)
murder as described in Section 
76-5-203
;
(c)
(iii)
child kidnapping as described in Section 
76-5-301.1
;
(d)
(iv)
aggravated kidnapping as described in Subsection 
76-5-302
(3)(b);
(e)
(v)
rape as described in Subsection 
76-5-402
(3)(b), (3)(c), or (4);
(f)
(vi)
rape of a child as described in Section 
76-5-402.1
;
(g)
(vii)
object rape as described in Subsection 
76-5-402.2
(3)(b), (3)(c), or (4);
(h)
(viii)
object rape of a child as described in Section 
76-5-402.3
;
(i)
(ix)
forcible sodomy as described in Subsection 
76-5-403
(3)(b), (3)(c), or (4);
(j)
(x)
sodomy on a child as described in Section 
76-5-403.1
;
(k)
(xi)
forcible sexual abuse as described in Subsection 
76-5-404
(3)(b)(i) or (ii);
(l)
(xii)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(m)
(xiii)
aggravated sexual assault as described in Section 
76-5-405
; or
(n)
(xiv)
any attempt to commit a felony listed in Subsection 
(1)(f), (h), or (j).
(1)(a)(vi), (viii), or (x); or
(b)
an offense for which the penalty has been increased under Section 
76-3-407
, Repeat 
and habitual sex offenders.
(2)
Except for an offense before the district court in accordance with Section 
80-6-502
 or 
80-6-504
, the provisions of this section do not apply if the sentencing court finds that the 
defendant:
(a)
was under 18 years old at the time of the offense; and
(b)
could have been adjudicated in the juvenile court but for the delayed reporting or 
delayed filing of the information.
Section 3, Section 
76-3-407
 is amended to read:
76-3-407
. Repeat and habitual sex offenders -- Additional prison term for prior 
felony convictions -- Mandatory imprisonment for entire term of imprisonment.
(1)
As used in this section:
(a)
"Prior sexual offense" means:
(i)
a felony offense described in 
Chapter 5, Part 4, Sexual Offenses
;
(ii)
sexual exploitation of a minor, Section 
76-5b-201
;
(iii)
aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
(iv)
a felony offense of enticing a minor, Section 
76-4-401
;
(v)
a felony attempt to commit an offense described in Subsections 
(1)(a)(i)
 through 
(iv)
; or
(vi)
an offense in another state, territory, or district of the United States that, if 
committed in Utah, would constitute an offense described in Subsections 
(1)(a)(i)
through 
(v)
.
(b)
"Sexual offense" means:
(i)
an offense that is a
 second or third degree
 felony
 of the second or third degree
, 
or an attempted offense, which attempt is a
 second or third degree
 felony
 of the 
second or third degree
, described in 
Chapter 5, Part 4, Sexual Offenses
;
(ii)
sexual exploitation of a minor, Section 
76-5b-201
;
(iii)
aggravated sexual exploitation of a minor, Section 
76-5b-201.1
;
(iv)
a felony offense of enticing a minor, Section 
76-4-401
;
(v)
a felony attempt to commit an offense described in Subsections 
(1)(b)(ii)
 through 
(iv)
; or
(vi)
an offense in another state, territory, or district of the United States that, if 
committed in Utah, would constitute an offense described in Subsections 
(1)(b)(i)
through 
(v)
.
(2)
Notwithstanding any other provision of law, the
 minimum and
 maximum penalty for a 
sexual offense is increased by five years for each conviction of the defendant for a prior 
sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
(a)
the defendant was convicted of a prior sexual offense; and
(b)
the defendant was convicted of the prior sexual offense described in Subsection 
(2)(a)
before the defendant 
was convicted of
committed
 the sexual offense for which the 
defendant is being sentenced.
(3)
The increased 
maximum 
term described in Subsection 
(2)
 shall be in addition to, and 
consecutive to, any other prison term served by the defendant.
(4)
If a defendant's conviction is increased under this section, the defendant's entire 
sentence for the conviction is subject to mandatory imprisonment under Section 
76-3-406
.
Section 4, Section 
76-5-401.1
 is amended to read:
76-5-401.1
. Sexual abuse of a minor -- Penalties -- Limitations.
(1)
(a)
As used in this section:
(i)
"Female breast" means the undeveloped, partially developed, or developed breast 
of a female individual.
(ii)
"Indecent liberties" means:
(A)
the actor touching another individual's genitals, anus, buttocks, pubic area, or 
female breast;
(B)
causing any part of an individual's body to touch the actor's or another's 
genitals, pubic area, anus, buttocks, or female breast;
(C)
simulating or pretending to engage in sexual intercourse with another 
individual, including genital-genital, oral-genital, anal-genital, or oral-anal 
intercourse; or
(D)
causing an individual to simulate or pretend to engage in sexual intercourse 
with the actor or another, including genital-genital, oral-genital, anal-genital, or 
oral-anal intercourse.
(ii)
(iii)
"Minor" means an individual who is 14 years old or older, but younger than 
16 years old, at the time the sexual activity described in Subsection (2) occurred.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor 
commits sexual abuse of a minor if the actor:
(i)
is four years or more older than the minor; and
(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 the minor;
(B)
touches the 
female 
breast of a 
female 
minor; or
(C)
otherwise takes indecent liberties with the minor.
(b)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection (2)(a).
(3)
A violation of Subsection (2)(a) is:
(a)
a class A misdemeanor; and
(b)
not subject to registration under Subsection 
77-41-102
(19)(a)(viii) on a first offense 
if the offender was younger than 21 years old at the time of the offense.
(4)
The offenses referred to in Subsection (2)(a) are:
(a)
unlawful sexual activity with a minor, in violation of Section 
76-5-401
;
(b)
rape, in violation of Section 
76-5-402
;
(c)
object rape, in violation of Section 
76-5-402.2
;
(d)
forcible sodomy, in violation of Section 
76-5-403
;
(e)
aggravated sexual assault, in violation of Section 
76-5-405
; or
(f)
an attempt to commit an offense listed in Subsections (4)(a) through (e).
Section 5, Section 
76-5-401.2
 is amended to read:
76-5-401.2
. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- 
Limitations.
(1)
(a)
As used in this section:
(i)
"Female breast" means the same as that term is defined in Section 
76-5-401.1
.
(ii)
"Indecent liberties" means the same as that term is defined in Section 
76-5-401.1
.
(ii)
(iii)
"Minor" means an individual who is 16 years old or older, but younger than 
18 years old, at the time the sexual conduct described in Subsection 
(2)
 occurred.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection 
(4)
, an actor 
commits unlawful sexual conduct with a minor if the actor:
(i)
(A)
is seven or more years older but less than 10 years older than the minor at 
the time of the sexual conduct;
(B)
engages in any conduct listed in Subsection 
(2)(b)
; and
(C)
knew or reasonably should have known the age of the minor; or
(ii)
(A)
is 10 or more years older than the minor at the time of the sexual conduct; 
and
(B)
engages in any conduct listed in Subsection 
(2)(b)
.
(b)
As used in Subsection 
(2)(a)
, "sexual conduct" refers to when the actor:
(i)
has sexual intercourse with the minor;
(ii)
engages in any sexual act with the minor involving the genitals of one individual 
and the mouth or anus of another individual;
(iii)
(A)
causes the penetration, however slight, of the genital or anal opening of 
the minor by any foreign object, substance, instrument, or device, including a 
part of the human body; and
(B)
causes the penetration 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; or
(iv)
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 the minor;
(B)
touches the
 female
 breast of a 
female 
minor; or
(C)
otherwise takes indecent liberties with the minor.
(c)
(i)
Any touching, even if accomplished through clothing, is sufficient to constitute 
the relevant element of a violation of Subsection 
(2)(a)
.
(ii)
Any penetration, however slight, is sufficient to constitute the relevant element 
under Subsection 
(2)(b)(i)
.
(iii)
Any touching, however slight, is sufficient to constitute the relevant element 
under Subsection 
(2)(b)(ii)
.
(3)
(a)
A violation of Subsection 
(2)(b)(i)
, 
(ii)
, or 
(iii)
 is a third degree felony.
(b)
A violation of Subsection 
(2)(b)(iv)
 is a class A misdemeanor.
(4)
The offenses referred to in Subsection 
(2)(a)
 are:
(a)
rape, in violation of Section 
76-5-402
;
(b)
object rape, in violation of Section 
76-5-402.2
;
(c)
forcible sodomy, in violation of Section 
76-5-403
;
(d)
forcible sexual abuse, in violation of Section 
76-5-404
;
(e)
aggravated sexual assault, in violation of Section 
76-5-405
; or
(f)
an attempt to commit an offense listed in Subsections 
(4)(a)
 through 
(e)
.
Section 6, Section 
76-5-404
 is amended to read:
76-5-404
. Forcible sexual abuse -- Penalties -- Limitations.
(1)
(a)
As used in this section
, "indecent 
:
(i)
"Female breast" means the same as that term is defined in Section 
76-5-401.1
.
(ii)
"Indecent 
liberties" means the same as that term is defined in Section 
76-5-401.1
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection 
(4)
, an actor 
commits forcible sexual abuse if:
(i)
without the consent of the individual, the actor:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of another 
individual;
(B)
touches the 
female 
breast of another individual
 who is female
; or
(C)
otherwise takes indecent liberties with another individual;
(ii)
the actor intends to:
(A)
cause substantial emotional or bodily pain to any individual; or
(B)
arouse or gratify the sexual desire of any individual; and
(iii)
the individual described in Subsection 
(2)(a)(i)(A)
, 
(B)
, or 
(C)
 is 14 years old or 
older.
(b)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection 
(2)(a)
.
(3)
(a)
A violation of Subsection 
(2)
 is a
 second degree
 felony
 of the second degree
, 
punishable by a term of imprisonment of not less than one year nor more than 15 
years.
(b)
(i)
Notwithstanding Subsection 
(3)(a)
 and except as provided in Subsection 
(3)(b)(ii)
, a violation of Subsection 
(2)
 is a 
first degree 
felony
 of the first degree
, 
punishable by a term of imprisonment for 15 years and which may be for life, if 
the trier of fact finds that during the course of the commission of the forcible 
sexual abuse the 
defendant
actor
 caused serious bodily injury to the victim.
(ii)
If, when imposing a sentence under Subsection 
(3)(b)(i)
, a court finds that a lesser 
term than the term described in Subsection 
(3)(b)(i)
 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; or
(B)
six years and which may be for life.
(4)
The offenses referred to in Subsection 
(2)(a)
 are:
(a)
rape, in violation of Section 
76-5-402
;
(b)
object rape, in violation of Section 
76-5-402.2
;
(c)
forcible sodomy, in violation of Section 
76-5-403
; or
(d)
an attempt to commit an offense listed in Subsections 
(4)(a)
 through 
(4)(c)
.
(5)
Imprisonment under Subsection 
(3)
(b) or (4) is mandatory in accordance with Section 
76-3-406
.
Section 7, Section 
76-5-404.1
 is amended to read:
76-5-404.1
. Sexual abuse of a child -- Penalties -- Limitations.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means an individual younger than 14 years old.
(iii)
"Female breast" means the same as that term is defined in Section 
76-5-401.1
.
(iii)
(iv)
"Indecent liberties" means the same as that term is defined in Section 
76-5-401.1
.
(iv)
(v)
"Position of special trust" means:
(A)
an adoptive parent;
(B)
an athletic manager who is an adult;
(C)
an aunt;
(D)
a babysitter;
(E)
a coach;
(F)
a cohabitant of a parent if the cohabitant is an adult;
(G)
a counselor;
(H)
a doctor or physician;
(I)
an employer;
(J)
a foster parent;
(K)
a grandparent;
(L)
a legal guardian;
(M)
a natural parent;
(N)
a recreational leader who is an adult;
(O)
a religious leader;
(P)
a sibling or a stepsibling who is an adult;
(Q)
a scout leader who is an adult;
(R)
a stepparent;
(S)
a teacher or any other individual employed by or volunteering at a public or 
private elementary school or secondary school, and who is 18 years old or 
older;
(T)
an instructor, professor, or teaching assistant at a public or private institution 
of higher education;
(U)
an uncle;
(V)
a youth leader who is an adult; or
(W)
any individual in a position of authority, other than those individuals listed in 
Subsections 
(1)(a)(iv)(A)
(1)(a)(v)(A)
 through (V), which enables the 
individual to exercise undue influence over the child.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor 
commits sexual abuse of a child if the actor:
(i)
(A)
touches, whether over or under the clothing, the buttocks or pubic area of a 
child;
(B)
touches, whether over or under the clothing, the 
female 
breast of a 
female 
child;
(C)
touches the anus or genitals of a child over the clothing; or
(D)
otherwise takes indecent liberties with a child whether over or under the 
clothing; and
(ii)
the actor's conduct is with intent to:
(A)
cause substantial emotional or bodily pain to any individual; or
(B)
arouse or gratify the sexual desire of any individual.
(b)
Any touching, however slight, is sufficient to constitute the relevant element of a 
violation of Subsection (2)(a).
(3)
A violation of Subsection (2) is a second degree felony.
(4)
The offenses referred to in Subsection (2)(a) are:
(a)
rape of a child, in violation of Section 
76-5-402.1
;
(b)
object rape of a child, in violation of Section 
76-5-402.3
;
(c)
sodomy on a child, in violation of Section 
76-5-403.1
; or
(d)
an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
Section 8, Section 
76-5-412.2
 is amended to read:
76-5-412.2
. Custodial sexual misconduct -- Penalties -- Defenses.
(1)
(a)
As used in this section:
(i)
"Actor" means the same as that term is defined in Section 
76-5-412
.
(ii)
"Female breast" means the same as that term is defined in Section 
76-5-401.1
.
(ii)
(iii)
"Indecent liberties" means the same as that term is defined in Section 
76-5-401.1
.
(iii)
(iv)
"Person in custody" means the same as that term is defined in Section 
76-5-412
.
(iv)
(v)
"Private provider or contractor" means the same as that term is defined in 
Section 
76-5-412
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits custodial sexual misconduct if:
(i)
the actor commits any of the acts under Subsection 
(2)(b)
 under circumstances not 
amounting to commission of, or an attempt to commit, an offense under 
Subsection 
76-5-412(4)
; and
(ii)
(A)
the actor knows that the individual is a person in custody; or
(B)
a reasonable person in the actor's position should have known under the 
circumstances that the individual was a person in custody.
(b)
Acts referred to in Subsection 
(2)(a)
 are the following acts when committed with the 
intent to cause substantial emotional or bodily pain to another individual or with the 
intent to arouse or gratify the sexual desire of any individual:
(i)
touching the anus, buttocks, pubic area, or any part of the genitals of a person in 
custody;
(ii)
touching the 
female 
breast of a 
female 
person in custody; or
(iii)
otherwise taking indecent liberties with a person in custody.
(3)
(a)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(b)
Notwithstanding Subsection 
(3)(a)
, if the person in custody is younger than 18 years 
old, a violation of Subsection 
(2)
 is a third degree felony.
(c)
If the act committed under Subsection 
(2)
 amounts to an offense subject to a greater 
penalty under another provision of state law than is provided under this Subsection 
(3)
, 
this Subsection 
(3)
 does not prohibit prosecution and sentencing for the more serious 
offense.
(4)
(a)
It is not a defense to the commission of, or attempt to commit, the offense 
described in Subsection 
(2)
 if the person in custody is younger than 18 years old, that 
the actor:
(i)
mistakenly believed the person in custody to be 18 years old or older at the time of 
the alleged offense; or
(ii)
was unaware of the true age of the person in custody.
(b)
Consent of the person in custody is not a defense to any violation or attempted 
violation of Subsection 
(2)
.
(5)
It is a defense that the commission by the actor of an act under Subsection 
(2)
 is the 
result of compulsion, as the defense is described in Subsection 
76-2-302(1)
.
Section 9, Section 
76-5-413.2
 is amended to read:
76-5-413.2
. Custodial sexual misconduct with a youth receiving state services -- 
Penalties -- Defenses and limitations.
(1)
(a)
As used in this section:
(i)
"Actor" means the same as that term is defined in Section 
76-5-413
.
(ii)
"Department" means the same as that term is defined in Section 
76-5-413
.
(iii)
"Female breast" means the same as that term is defined in Section 
76-5-401.1
.
(iii)
(iv)
"Indecent liberties" means the same as that term is defined in Section 
76-5-401.1
.
(iv)
(v)
"Juvenile court" means the same as that term is defined in Section 
76-5-413
.
(v)
(vi)
"Private provider or contractor" means the same as that term is defined in 
Section 
76-5-413
.
(vi)
(vii)
"Youth receiving state services" means the same as that term is defined in 
Section 
76-5-413
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection 
(4)
, an actor 
commits custodial sexual misconduct with a youth receiving state services if:
(i)
the actor commits any of the acts described in Subsection 
(2)(b)
; and
(ii)
(A)
the actor knows that the individual is a youth receiving state services; or
(B)
a reasonable person in the actor's position should have known under the 
circumstances that the individual was a youth receiving state services.
(b)
Acts referred to in Subsection 
(2)(a)
 are the following acts when committed 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:
(i)
touching the anus, buttocks, pubic area, or any part of the genitals of a youth 
receiving state services;
(ii)
touching the
 female
 breast of a 
female 
youth receiving state services; or
(iii)
otherwise taking indecent liberties with a youth receiving state services.
(c)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection 
(2)(a)
.
(3)
(a)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(b)
Notwithstanding Subsection 
(3)(a)
, if the youth receiving state services is younger 
than 18 years old, a violation of Subsection 
(2)
 is a third degree felony.
(c)
If the act committed under Subsection 
(2)
 amounts to an offense subject to a greater 
penalty under another provision of state law than is provided under this Subsection 
(3)
, 
this Subsection 
(3)
 does not prohibit prosecution and sentencing for the more serious 
offense.
(4)
The offenses referred to in Subsection 
(2)
 are:
(a)
unlawful sexual activity with a minor, in violation of Section 
76-5-401
;
(b)
rape, in violation of Section 
76-5-402
;
(c)
rape of a child, in violation of Section 
76-5-402.1
;
(d)
object rape, in violation of Section 
76-5-402.2
;
(e)
object rape of a child, in violation of Section 
76-5-402.3
;
(f)
forcible sodomy, in violation of Section 
76-5-403
;
(g)
sodomy on a child, in violation of Section 
76-5-403.1
;
(h)
forcible sexual abuse, in violation of Section 
76-5-404
;
(i)
sexual abuse of a child, in violation of Section 
76-5-404.1
;
(j)
aggravated sexual abuse of a child, in violation of Section 
76-5-404.3
;
(k)
aggravated sexual assault, in violation of Section 
76-5-405
; or
(l)
an attempt to commit an offense listed in Subsections 
(4)(a)
 through 
(4)(k)
.
(5)
(a)
It is not a defense to the commission of, or an attempt to commit, the offense 
described in Subsection 
(2)
 if the youth receiving state services is younger than 18 
years old, that the actor:
(i)
mistakenly believed the youth receiving state services to be 18 years old or older 
at the time of the alleged offense; or
(ii)
was unaware of the true age of the youth receiving state services.
(b)
Consent of the youth receiving state services is not a defense to any violation or 
attempted violation of Subsection 
(2)
.
(6)
It is a defense that the commission by the actor of an act under Subsection 
(2)
 is the 
result of compulsion, as the defense is described in Subsection 
76-2-302(1)
.
Section 10, Section 
76-5b-103
 is amended to read:
76-5b-103
. Definitions.
As used in this chapter:
(1)
"Child sexual abuse material" means any visual depiction, including any live 
performance, photograph, film, video, picture, or computer or computer-generated 
image, picture, or video, whether made or produced by electronic, mechanical, or other 
means, of sexually explicit conduct, where:
(a)
the production of the visual depiction involves the use of a minor engaging in
, 
observing, or being used for
 sexually explicit conduct;
(b)
the visual depiction is:
(i)
of a minor engaging in
, observing, or being used for
 sexually explicit conduct; or
(ii)
artificially generated and depicts an individual with substantial characteristics of a 
minor engaging in
, observing, or being used for
 sexually explicit conduct; or
(c)
the visual depiction has been created, adapted, or modified to appear that an 
identifiable minor is engaging in
, observing, or being used for
 sexually explicit 
conduct.
(2)
"Children's Justice Center" means a facility or satellite office established under the 
Children's Justice Center Program described in Section 
67-5b-102
.
(3)
"Distribute" means, with or without consideration, to sell, exhibit, display, provide, 
give, grant admission to, provide access to, or otherwise transfer.
(4)
"Female breast" means the undeveloped, partially developed, or developed breast of a 
female individual.
(3)
(5)
"Identifiable minor" means an individual:
(a)
(i)
who was a minor at the time the visual depiction was created, adapted, or 
modified; or
(ii)
whose image as a minor was used in creating, adapting, or modifying the visual 
depiction; and
(b)
who is recognizable as an actual individual by the individual's face, likeness, or other 
distinguishing characteristic, such as a birthmark, or other recognizable feature.
(4)
(6)
"Identifiable vulnerable adult" means an individual:
(a)
(i)
who was a vulnerable adult at the time the visual depiction was created, 
adapted, or modified; or
(ii)
whose image as a vulnerable adult was used in creating, adapting, or modifying 
the visual depiction; and
(b)
who is recognizable as an actual individual by the individual's face, likeness, or other 
distinguishing characteristic, such as a birthmark, or other recognizable feature.
(5)
(7)
"Lacks capacity to consent" means the same as that term is defined in Section 
76-5-111.4
.
(6)
(8)
"Live performance" means any act, play, dance, pantomime, song, or other activity 
performed by live actors in person.
(7)
(9)
"Minor" means an individual who is younger than 18 years old.
(8)
(10)
"Nudity or partial nudity" means any state of dress or undress in which the human 
genitals, pubic region, buttocks, or the female breast, at a point below the top of the 
areola, is less than completely and opaquely covered.
(9)
(11)
"Produce" means:
(a)
the photographing, filming, taping, directing, producing, creating, designing, or 
composing of child sexual abuse material or vulnerable adult sexual abuse material; or
(b)
the securing or hiring of individuals to engage in the photographing, filming, taping, 
directing, producing, creating, designing, or composing of child sexual abuse 
material or vulnerable adult sexual abuse material.
(10)
(12)
"Sexually explicit conduct" means actual or simulated:
(a)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, 
whether between individuals of the same or opposite sex;
(b)
masturbation;
(c)
bestiality;
(d)
sadistic or masochistic activities;
(e)
lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any 
individual;
(f)
the visual depiction of nudity or partial nudity for the purpose of causing sexual 
arousal of any individual;
(g)
the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
(h)
the 
explicit representation
visual depiction
 of 
the 
defecation or urination 
functions
for the purpose of causing sexual arousal of any individual
.
(11)
(13)
"Simulated sexually explicit conduct" means a feigned or pretended act of 
sexually explicit conduct which duplicates, within the perception of an average person, 
the appearance of an actual act of sexually explicit conduct.
(12)
(14)
"Vulnerable adult" means the same as that term is defined in Subsection 
76-5-111
(1).
(13)
(15)
"Vulnerable adult sexual abuse material" means any visual depiction, including 
any live performance, photograph, film, video, picture, or computer or 
computer-generated image or picture, whether made or produced by electronic, 
mechanical, or other means, of sexually explicit conduct, where:
(a)
the production of the visual depiction involves the use of a vulnerable adult engaging 
in sexually explicit conduct;
(b)
the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
(c)
the visual depiction has been created, adapted, or modified to appear that an 
identifiable vulnerable adult is engaging in sexually explicit conduct.
Section 11, Section 
76-5b-201
 is amended to read:
76-5b-201
. Sexual exploitation of a minor -- Offenses.
(1)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits sexual exploitation of a minor when the actor knowingly possesses
or intentionally
,
 views
, accesses with the intent to view, or maintains access with the 
intent to view,
 child sexual abuse material.
(3)
(a)
A violation of Subsection (2) is a second degree felony.
(b)
It is a separate offense under this section:
(i)
for each minor depicted in the child sexual abuse material; and
(ii)
for each time the same minor is depicted in different child sexual abuse material.
(4)
For a charge of violating this section, it is an affirmative defense that:
(a)
the defendant:
(i)
did not solicit the child sexual abuse material from the minor depicted in the child 
sexual abuse material;
(ii)
is not more than two years older than the minor depicted in the child sexual abuse 
material; and
(iii)
upon request of a law enforcement agent or the minor depicted in the child 
sexual abuse material, removes from an electronic device or destroys the child 
sexual abuse material and all copies of the child sexual abuse material in the 
defendant's possession; and
(b)
the child sexual abuse material does not depict an offense under Chapter 5, Part 4, 
Sexual Offenses.
(5)
In proving a violation of this section in relation to an identifiable minor, proof of the 
actual identity of the identifiable minor is not required.
(6)
The following are not criminally or civilly liable under this section when acting in good 
faith compliance with Section 
77-4-201
:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within 
the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of child sexual abuse 
material on tangible or intangible property, or of detecting and reporting the 
presence of child sexual abuse material on the property;
(b)
a law enforcement officer
, a civilian employee of a law enforcement agency, or an 
independent contractor who is contracted with a law enforcement agency,
 acting 
within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view child sexual abuse material 
during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view child sexual abuse material during the course of 
the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view child sexual abuse 
material during the course of a judicial process and while acting within the scope of 
employment;
(f)
an employee of the Department of Health and Human Services who is required to 
view child sexual abuse material within the scope of the employee's employment;
(g)
an employee, independent contractor, or designated interviewer of a Children's 
Justice Center, who is required to view child sexual abuse material within the scope 
of the employee's, independent contractor's, or designated interviewer's scope of 
employment or assignment;
 or
(g)
(h)
an attorney who is required to view child sexual abuse material within the scope 
of the attorney's responsibility to represent the Department of Health and Human 
Services, including the divisions and offices within the Department of Health and 
Human Services.
Section 12, Section 
76-5b-201.1
 is amended to read:
76-5b-201.1
. Aggravated sexual exploitation of a minor.
(1)
As used in this section:
(a)
"Physical abuse" or "physically abused" means the same as the term "physical 
abuse" is defined in Section 
80-1-102
.
(b)
(1)
The terms 
Terms 
defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits aggravated sexual exploitation of a minor if the actor:
(a)
intentionally
knowingly
 distributes 
or produces 
child sexual abuse material;
 or
(b)
knowingly produces child sexual abuse material; or
(c)
(b)
is the minor's parent or legal guardian and knowingly consents to or permits the 
minor to be sexually exploited as described in Subsection (2)(a) 
or (b) 
or Section 
76-5b-201
.
(3)
(a)
Except as provided in Subsection (3)(b)
 or (c)
, a violation of Subsection (2) is a 
first degree felony.
(b)
If an actor is under 18 years old at the time of the offense, a violation of Subsection 
(2) is a second degree felony.
(c)
A violation of Subsection (2)(a) is a second degree felony if the child sexual abuse 
material depicts an individual who is:
(i)
14 years old or older; or
(ii)
pubescent.
(4)
It is a separate offense under this section:
(a)
for each minor depicted in the child sexual abuse material; and
(b)
for each time the same minor is depicted in different child sexual abuse material.
(5)
In proving a violation of this section in relation to an identifiable minor, proof of the 
actual identity of the identifiable minor is not required.
(6)
The following are not criminally or civilly liable under this section when acting in good 
faith compliance with Section 
77-4-201
:
(a)
an entity or an employee, director, officer, or agent of an entity when acting within 
the scope of employment, for the good faith performance of:
(i)
reporting or data preservation duties required under federal or state law; or
(ii)
implementing a policy of attempting to prevent the presence of child sexual abuse 
material on tangible or intangible property, or of detecting and reporting the 
presence of child sexual abuse material on the property;
(b)
a law enforcement officer
, a civilian employee of a law enforcement agency, or an 
independent contractor who is contracted with a law enforcement agency,
 acting 
within the scope of a criminal investigation;
(c)
an employee of a court who may be required to view child sexual abuse material 
during the course of and within the scope of the employee's employment;
(d)
a juror who may be required to view child sexual abuse material during the course of 
the individual's service as a juror;
(e)
an attorney or employee of an attorney who is required to view child sexual abuse 
material during the course of a judicial process and while acting within the scope of 
employment;
(f)
an employee of the Department of Health and Human Services who is required to 
view child sexual abuse material within the scope of the employee's employment; 
(g)
an employee, independent contractor, or designated interviewer of a Children's 
Justice Center, who is required to view child sexual abuse material within the scope 
of the employee's, independent contractor's, or designated interviewer's scope of 
employment or assignment; 
or
(g)
(h)
an attorney who is required to view child sexual abuse material within the scope 
of the attorney's responsibility to represent the Department of Health and Human 
Services, including the divisions and offices within the Department of Health and 
Human Services.
Section 13. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 14. 
Coordinating H.B. 207 with H.B. 78.
If H.B. 207, Sexual Offense Revisions, and H.B. 78, Criminal Offenses 
Amendments, both pass and become law, the Legislature intends that, on May 7, 2025:
(1) Subsection 
76-3-406(2)
 in H.B. 78 be amended to read:
"(2) Except as provided in Subsection (3), a court may not grant probation, suspend the 
execution or imposition of a sentence, enter a judgment for a lower category of offense, or 
order hospitalization, if the effect of which would in any way shorten the prison sentence for:
(a) an actor who commits a capital felony or a first degree felony, or attempts to commit a 
capital felony or a first degree felony, that is:
(i) aggravated child abuse as described in Section 
76-5-109.2
;
(ii) aggravated murder as described in Section 
76-5-202
;
(iii) murder as described in Section 
76-5-203
;
(iv) child kidnapping as described in Section 
76-5-301.1
;
(v) aggravated kidnapping as described in Subsection 
76-5-302(3)(b)
;
(vi) rape as described in Subsection 
76-5-402(3)(b)
, (3)(c), or (4);
(vii) rape of a child as described in Section 
76-5-402.1
;
(viii) object rape as described in Subsection 
76-5-402.2(3)(b)
, (3)(c), or (4);
(ix) object rape of a child as described in Section 
76-5-402.3
;
(x) forcible sodomy as described in Subsection 
76-5-403(3)(b)
, (3)(c), or (4);
(xi) sodomy on a child as described in Section 
76-5-403.1
;
(xii) forcible sexual abuse as described in Subsection 
76-5-404(3)(b)(i)
 or (ii);
(xiii) aggravated sexual abuse of a child as described in Section 
76-5-404.3
; or
(xiv) aggravated sexual assault as described in Section 
76-5-405
; or
(b) an offense for which the penalty has been increased under Section 
76-3-407
, Repeat and 
habitual sex offenders."; and
(2) change the reference "Subsection 
(2)
" to "Subsection 
(2)(a)
" in Subsection 
76-3-406(3)
in H.B. 78.
3-13-25 11:59 AM