Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 358 (2025GS)

Sponsor

Rep. Mauga, Verona

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the criminal offense of:
• custodial solicitation of sexually explicit conduct from a person in custody;
• unlawful sexual activity with a child using virtual reality; and
• unlawful sexual activity with a minor using virtual reality; and
• provides criminal penalties.

Every vote on this bill

Bill text

22
76-5-412.4
76-5-417
76-5-418
0
Criminal Sexual Conduct Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor: Karen Kwan
LONG TITLE
General Description:
This bill concerns criminal sexual conduct.
Highlighted Provisions:
This bill:
defines terms;
creates the criminal offense of:
custodial solicitation of sexually explicit conduct from a person in custody; 
unlawful sexual activity with a child using virtual reality; and
unlawful sexual activity with a minor using virtual reality; and
provides criminal penalties.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-5-412.4
, Utah Code Annotated 1953
76-5-417
, Utah Code Annotated 1953
76-5-418
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-5-412.4
 is enacted to read:
76-5-412.4
. Custodial solicitation of sexually explicit conduct from a person in 
custody.
(1)
(a)
As used in this section:
(i)
"Actor" means the same as that term is defined in Section 
76-5-412
.
(ii)
"Person in custody" means an individual who is:
(A)
18 years old or older; and
(B)
otherwise meets the definition of a person in custody as that term is defined in 
Section 
76-5-412
.
(iii)
"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)
exhibition of the genitals, pubic region, buttocks, or female breast of any 
individual;
(F)
visual depiction of nudity or partial nudity;
(G)
fondling or touching of the genitals, pubic region, buttocks, or female breast; 
or
(H)
the visual depiction of defecation or urination for the purpose of causing 
sexual arousal of any individual.
(iv)
"Simulated sexually explicit conduct" means a feigned or pretended act of 
sexually explicit conduct that duplicates, within the perception of an average 
person, the appearance of an actual act of sexually explicit conduct.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits custodial solicitation of sexually explicit conduct from a person in 
custody if:
(a)
the actor knowingly requests, demands, or otherwise solicits from a person in 
custody:
(i)
a photograph, image, live video, or a recording of the person in custody engaging 
in sexually explicit conduct or simulated sexually explicit conduct; or
(ii)
a live demonstration or performance by the person in custody engaging in 
sexually explicit conduct or simulated sexually explicit conduct; and
(b)
(i)
the actor knows that the individual described in Subsection 
(2)(a)
 is a person in 
custody; or
(ii)
a reasonable person in the actor's position should have known under the 
circumstances that the individual described in Subsection 
(2)(a)
 was a person in 
custody.
(3)
A violation of Subsection 
(2)
 is a class A misdemeanor.
(4)
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 section, this 
section does not prohibit prosecution and sentencing for the more serious offense.
(5)
Consent of the person in custody is not a defense to any violation or attempted violation 
of Subsection (2).
(6)
This section does not apply to an actor who is acting within the course and scope of the 
actor's legitimate duties, including documenting photographic evidence.
Section 2, Section 
76-5-417
 is enacted to read:
76-5-417
. Unlawful sexual activity with a child using virtual reality.
(1)
(a)
As used in this section:
(i)
"Avatar" means a three-dimensional character that represents a human user in a 
virtual reality environment.
(ii)
"Child" means an individual who is younger than 14 years old.
(iii)
"Haptic technology" means technology that can create an experience of touch by 
applying force, vibration, or motion to the human user.
(iv)
"Virtual reality" means a three-dimensional environment in which the human 
user is fully immersed in a computer-generated simulation through the use of an 
avatar, regardless of whether the human user is using haptic technology.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits unlawful sexual activity with a child using virtual reality if the actor:
(a)
is 18 years old or older;
(b)
knows that the human user of an avatar is a child; and
(c)
for the purpose of arousing or gratifying the sexual desire of any individual, 
intentionally uses the actor's avatar to engage in sexual activity or simulated sexual 
activity with the child's avatar involving:
(i)
the genitals, pubic area, or anus of the actor's avatar or the child's avatar; and
(ii)
the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the 
child's avatar.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a third 
degree felony.
(b)
A violation of Subsection 
(2)
 is a class A misdemeanor if the actor is less than 10 
years older than the child.
(4)
Consent of the child to engage in the sexual activity is not a defense to a violation of 
Subsection (2).
Section 3, Section 
76-5-418
 is enacted to read:
76-5-418
. Unlawful sexual activity with a minor using virtual reality.
(1)
(a)
As used in this section:
(i)
"Avatar" means the same as that term is defined in Section 
76-5-417
.
(ii)
"Haptic technology" means the same as that term is defined in Section 
76-5-417
.
(iii)
"Minor" means an individual who is 14 years old or older but younger than 18 
years old.
(iv)
"Virtual reality" means the same as that term is defined in Section 
76-5-417
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits unlawful sexual activity with a minor using virtual reality if the actor:
(a)
knows that the human user of an avatar is a minor;
(b)
is older than the minor by 10 years or more; and
(c)
for the purpose of arousing or gratifying the sexual desire of any individual, 
intentionally uses the actor's avatar to engage in sexual activity or simulated sexual 
activity with the minor's avatar involving:
(i)
the genitals, pubic area, or anus of the actor's avatar or the minor's avatar; and
(ii)
the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the 
minor's avatar.
(3)
A violation of Subsection (2) is a class A misdemeanor.
(4)
Consent of the minor to engage in the sexual activity is not a defense to a violation of 
Subsection (2).
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 8:07 AM