Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 24 (2025GS)

Sponsor

Sen. Ipson, Don L.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a new criminal offense for child torture and provides penalties;
• adds the offense of child torture to the list of offenses for which imprisonment is mandatory;
• amends existing definitions relating to the offenses of child abuse and aggravated criminal child abuse;
• modifies child abandonment, abuse or neglect of a child with a disability, and other statutes that rely on certain definitions concerning criminal child abuse;
• includes the offense of child torture in statutes that reference child abuse or aggravated child abuse, including statutes concerning background checks, murder and aggravated murder, child abuse homicide, bigamy, jail release agreements and orders, and adoption, parent-time, and custody statutes;
• adds the offense of child torture to the definition of "violent felony";
• includes the offense of child torture as a registrable offense on the Sex, Kidnap, and Child Abuse Offender Registry;
• modifies the definition of "severe type of child abuse or neglect" in the juvenile code to refer to the amended definition of serious injury in the criminal child abuse statute;
• adds coordination clauses:
• 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;
• to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law, and H.B. 21, Criminal Code Recodification and Cross References, does not pass and become law, due to Section 77-41-102 being repealed and replaced with newly enacted statutes in S.B. 41; and
• to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap, and Child Abuse Offender Registry Amendments, and H.B. 21, Criminal Code Recodification and Cross References, all pass and become law, due to Section 77-41-102 being repealed and replaced with newly enacted statutes in S.B. 41; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

42
26B-2-120
53G-6-204
76-2-401
76-3-203.5
76-3-406
76-5-109
76-5-109.2
76-5-109.3
76-5-109.4
76-5-110
76-5-202
76-5-203
76-5-208
76-7-101
77-41-102
78B-6-117
78B-7-801
80-1-102
81-9-202
81-9-207
81-9-208
81-9-402
SB0024
HB0021
SB0041
53-29-202
53-29-203
53-29-205
SB0024
HB0021
SB0041
53-29-202
53-29-203
53-29-205
0
Child Abuse and Torture Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill concerns child abuse and torture.
Highlighted Provisions:
This bill:
creates a new criminal offense for child torture and provides penalties;
adds the offense of child torture to the list of offenses for which imprisonment is 
mandatory;
amends existing definitions relating to the offenses of child abuse and aggravated 
criminal child abuse;
modifies child abandonment, abuse or neglect of a child with a disability, and other 
statutes that rely on certain definitions concerning criminal child abuse;
includes the offense of child torture in statutes that reference child abuse or aggravated 
child abuse, including statutes concerning background checks, murder and aggravated 
murder, child abuse homicide, bigamy, jail release agreements and orders, and adoption, 
parent-time, and custody statutes;
adds the offense of child torture to the definition of "violent felony";
includes the offense of child torture as a registrable offense on the Sex, Kidnap, and Child 
Abuse Offender Registry;
modifies the definition of "severe type of child abuse or neglect" in the juvenile code to 
refer to the amended definition of serious injury in the criminal child abuse statute; 
adds coordination clauses:
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; 
to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap, 
and Child Abuse Offender Registry Amendments, both pass and become law, and 
H.B. 21, Criminal Code Recodification and Cross References, does not pass and 
become law, due to Section 77-41-102 being repealed and replaced with newly 
enacted statutes in S.B. 41; and
to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap, 
and Child Abuse Offender Registry Amendments, and H.B. 21, Criminal Code 
Recodification and Cross References, all pass and become law, due to Section 
77-41-102 being repealed and replaced with newly enacted statutes in S.B. 41; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
53G-6-204
, as last amended by Laws of Utah 2024, Chapters 113, 386
76-2-401
, as last amended by Laws of Utah 2022, Chapter 181
76-3-203.5
, as last amended by Laws of Utah 2024, Chapters 96, 179
76-3-406
, as last amended by Laws of Utah 2024, Chapter 96
76-5-109
, as last amended by Laws of Utah 2022, Chapters 181, 335
76-5-109.2
, as enacted by Laws of Utah 2022, Chapter 181
76-5-109.3
, as last amended by Laws of Utah 2024, Chapter 225
76-5-110
, as last amended by Laws of Utah 2022, Chapter 181
76-5-202
, as last amended by Laws of Utah 2022, Chapter 181
76-5-203
, as last amended by Laws of Utah 2024, Chapters 96, 187
76-5-208
, as last amended by Laws of Utah 2023, Chapter 111
76-7-101
, as last amended by Laws of Utah 2022, Chapter 181
77-41-102
, as last amended by Laws of Utah 2024, Chapter 234
78B-6-117
, as last amended by Laws of Utah 2022, Chapters 185, 430
78B-7-801
, as last amended by Laws of Utah 2023, Chapter 114
80-1-102
, as last amended by Laws of Utah 2024, Chapter 256
81-9-202
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-207
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-208
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-402
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
76-5-109.4
, Utah Code Annotated 1953
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 
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
;
(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
Section
76-5-109
;
(B)
, 
76-5-109.2
, and 
aggravated child abuse, as described in Section 
76-5-109.2
;
(C)
child abandonment, as described in Section 
76-5-109.3
;
(D)
child torture, as described in Section 
76-5-109.4
;
(B)
(E)
commission of domestic violence in the presence of a child, as described 
in Section 
76-5-114
;
(C)
(F)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
(G)
intentional aggravated abuse of a vulnerable adult, as described in 
Section 
76-5-111
;
(E)
(H)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
(I)
aggravated murder, as described in Section 
76-5-202
;
(G)
(J)
murder, as described in Section 
76-5-203
;
(H)
(K)
manslaughter, as described in Section 
76-5-205
;
(I)
(L)
child abuse homicide, as described in Section 
76-5-208
;
(J)
(M)
homicide by assault, as described in Section 
76-5-209
;
(K)
(N)
kidnapping, as described in Section 
76-5-301
;
(L)
(O)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
(P)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
(Q)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
(R)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(P)
(S)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, 
Sexual Exploitation Act;
(Q)
(T)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
(U)
aggravated arson, as described in Section 
76-6-103
;
(S)
(V)
aggravated burglary, as described in Section 
76-6-203
;
(T)
(W)
aggravated robbery, as described in Section 
76-6-302
;
(U)
(X)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
(Y)
incest, as described in Section 
76-7-102
; or
(W)
(Z)
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 2, Section 
53G-6-204
 is amended to read:
53G-6-204
. School-age children exempt from school attendance.
(1)
(a)
A local school board or charter school governing board may excuse a school-age 
child from attendance for any of the following reasons:
(i)
a school-age child over 16 years old may receive a partial release from school to 
enter employment, or attend a trade school, if the school-age child has completed 
grade 8; or
(ii)
on an annual basis, a school-age child may receive a full release from attending a 
public, regularly established private, or part-time school or class if:
(A)
the school-age child has already completed the work required for graduation 
from high school;
(B)
the school-age child is in a physical or mental condition, certified by a 
competent physician or physician assistant if required by the local school board 
or charter school governing board, which renders attendance inexpedient and 
impracticable;
(C)
proper influences and adequate opportunities for education are provided in 
connection with the school-age child's employment; or
(D)
the district superintendent or charter school governing board has determined 
that a school-age child over 16 years old is unable to profit from attendance at 
school because of inability or a continuing negative attitude toward school 
regulations and discipline.
(b)
A school-age child receiving a partial release from school under Subsection (1)(a)(i) 
is required to attend:
(i)
school part time as prescribed by the local school board or charter school 
governing board; or
(ii)
a home school part time.
(c)
In each case, evidence of reasons for granting an exemption under Subsection (1) 
must be sufficient to satisfy the local school board or charter school governing board.
(d)
A local school board or charter school governing board that excuses a school-age 
child from attendance as provided by this Subsection (1) shall issue a certificate that 
the child is excused from attendance during the time specified on the certificate.
(2)
(a)
(i)
As used in this Subsection (2)(a), "child abuse" means a criminal felony or 
attempted felony offense of which an individual is convicted, or to which an 
individual pleads guilty or no contest, for conduct that constitutes any of the 
following:
(A)
child abuse under Section 
76-5-109
;
(B)
aggravated child abuse under Section 
76-5-109.2
;
(C)
child abandonment under Section 
76-5-109.3
;
(D)
child torture under Section 
76-5-109.4
;
(D)
(E)
commission of domestic violence in the presence of a child under Section 
76-5-114
;
(E)
(F)
child abuse homicide under Section 
76-5-208
;
(F)
(G)
child kidnapping under Section 
76-5-301.1
;
(G)
(H)
human trafficking of a child under Section 
76-5-308.5
;
(H)
(I)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in 
Title 76, Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years 
old;
(I)
(J)
sexual exploitation of a minor under Section 
76-5b-201
;
(J)
(K)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
; or
(K)
(L)
an offense in another state that, if committed in this state, would 
constitute an offense described in this Subsection (2)(a)(i).
(ii)
Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a 
school-age child from attendance, if the school-age child's parent or legal guardian 
files a signed affidavit with the school-age child's school district of residence, as 
defined in Section 
53G-6-302
, that:
(A)
the school-age child will attend a home school; and
(B)
the parent or legal guardian assumes sole responsibility for the education of 
the school-age child, except to the extent the school-age child is dual enrolled 
in a public school as provided in Section 
53G-6-702
.
(iii)
If a parent or legal guardian has been convicted of child abuse or if a court of 
competent jurisdiction has made a substantiated finding of child abuse against the 
parent or legal guardian:
(A)
the parent or legal guardian may not assume responsibility for the education 
of a school-age child under Subsection (2)(a)(ii); and
(B)
the local school board may not accept the affidavit described in Subsection 
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age 
child from attendance under Subsection (2)(a)(ii) in relation to the parent's or 
legal guardian's intent to home school the child.
(iv)
Nothing in this Subsection (2)(a) affects the ability of another of a child's parents 
or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the 
affidavit described in Subsection (2)(a)(ii).
(b)
A signed affidavit filed in accordance with Subsection (2)(a) shall remain in effect as 
long as:
(i)
the school-age child attends a home school;
(ii)
the school district where the affidavit was filed remains the school-age child's 
district of residence; and
(iii)
the parent or legal guardian who filed the signed affidavit has not been convicted 
of child abuse or been the subject of a substantiated finding of child abuse by a 
court of competent jurisdiction.
(c)
A parent or legal guardian of a school-age child who attends a home school is solely 
responsible for:
(i)
the selection of instructional materials and textbooks;
(ii)
the time, place, and method of instruction; and
(iii)
the evaluation of the home school instruction.
(d)
A local school board may not:
(i)
require a parent or legal guardian of a school-age child who attends a home school 
to maintain records of instruction or attendance;
(ii)
require credentials for individuals providing home school instruction;
(iii)
inspect home school facilities; or
(iv)
require standardized or other testing of home school students.
(e)
Upon the request of a parent or legal guardian, a local school board shall identify the 
knowledge, skills, and competencies a student is recommended to attain by grade 
level and subject area to assist the parent or legal guardian in achieving college and 
career readiness through home schooling.
(f)
A local school board that excuses a school-age child from attendance under this 
Subsection (2) shall annually issue a certificate stating that the school-age child is 
excused from attendance for the specified school year.
(g)
A local school board shall issue a certificate excusing a school-age child from 
attendance:
(i)
within 30 days after receipt of a signed affidavit filed by the school-age child's 
parent or legal guardian under this Subsection (2); and
(ii)
on or before August 1 each year thereafter unless:
(A)
the school-age child enrolls in a school within the school district;
(B)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child no longer attends a home school; or
(C)
the school-age child's parent or legal guardian notifies the school district that 
the school-age child's school district of residence has changed.
(3)
A parent or legal guardian who is eligible to file and files a signed affidavit under 
Subsection (2)(a) is exempt from the application of Subsections 
53G-6-202
(2), (5), and 
(6).
(4)
(a)
Nothing in this section may be construed to prohibit or discourage voluntary 
cooperation, resource sharing, or testing opportunities between a school or school 
district and a parent or legal guardian of a child attending a home school.
(b)
The exemptions in this section apply regardless of whether:
(i)
a parent or legal guardian provides education instruction to the parent's or legal 
guardian's child alone or in cooperation with other parents or legal guardians 
similarly exempted under this section; or
(ii)
the parent or legal guardian makes payment for educational services the parent's 
or legal guardian's child receives.
Section 3, Section 
76-2-401
 is amended to read:
76-2-401
. Justification as defense -- When allowed.
(1)
Conduct which is justified is a defense to prosecution for any offense based on the 
conduct. The defense of justification may be claimed:
(a)
when the actor's conduct is in defense of persons or property under the circumstances 
described in Sections 
76-2-402
 through 
76-2-406
 of this part;
(b)
when the actor's conduct is reasonable and in fulfillment of his duties as a 
governmental officer or employee;
(c)
when the actor's conduct is reasonable discipline of minors by parents, guardians, 
teachers, or other persons in loco parentis, as limited by Subsection 
(2)
;
(d)
when the actor's conduct is reasonable discipline of persons in custody under the 
laws of the state; or
(e)
when the actor's conduct is justified for any other reason under the laws of this state.
(2)
The defense of justification under Subsection 
(1)(c)
 is not available if the offense 
charged involves causing serious bodily injury, as defined in Section 
76-1-101.5
, serious 
physical
injury, as defined in Section 
76-5-109
, or the death of the minor.
Section 4, 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)
child torture as described in Section 
76-5-109.4
;
(M)
(N)
commission of domestic violence in the presence of a child as described 
in Section 
76-5-114
;
(N)
(O)
abuse or neglect of a child with a disability as described in Section 
76-5-110
;
(O)
(P)
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)
(Q)
endangerment of a child or vulnerable adult as described in Section 
76-5-112.5
;
(Q)
(R)
an offense described in Chapter 5, Part 2, Criminal Homicide;
(R)
(S)
kidnapping as described in Section 
76-5-301
;
(S)
(T)
child kidnapping as described in Section 
76-5-301.1
;
(T)
(U)
aggravated kidnapping as described in Section 
76-5-302
;
(U)
(V)
rape as described in Section 
76-5-402
;
(V)
(W)
rape of a child as described in Section 
76-5-402.1
;
(W)
(X)
object rape as described in Section 
76-5-402.2
;
(X)
(Y)
object rape of a child as described in Section 
76-5-402.3
;
(Y)
(Z)
forcible sodomy as described in Section 
76-5-403
;
(Z)
(AA)
sodomy on a child as described in Section 
76-5-403.1
;
(AA)
(BB)
forcible sexual abuse as described in Section 
76-5-404
;
(BB)
(CC)
sexual abuse of a child as described in Section 
76-5-404.1
;
(CC)
(DD)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(DD)
(EE)
aggravated sexual assault as described in Section 
76-5-405
;
(EE)
(FF)
sexual exploitation of a minor as described in Section 
76-5b-201
;
(FF)
(GG)
aggravated sexual exploitation of a minor as described in Section 
76-5b-201.1
;
(GG)
(HH)
sexual exploitation of a vulnerable adult as described in Section 
76-5b-202
;
(HH)
(II)
burglary as described in Subsection 
76-6-202
(3)(b);
(II)
(JJ)
aggravated burglary as described in Section 
76-6-203
;
(JJ)
(KK)
robbery as described in Section 
76-6-301
;
(KK)
(LL)
aggravated robbery as described in Section 
76-6-302
;
(LL)
(MM)
theft by extortion as described in Subsection 
76-6-406
(1)(a)(i) or 
(1)(a)(ii);
(MM)
(NN)
tampering with a witness as described in Section 
76-8-508
;
(NN)
(OO)
retaliation against a witness, victim, or informant as described in 
Section 
76-8-508.3
;
(OO)
(PP)
tampering or retaliating against a juror as described in Subsection 
76-8-508.5
(2)(a)(iii);
(PP)
(QQ)
extortion to dismiss a criminal proceeding as described in Subsection 
76-6-406
(1)(a)(i), (ii), or (ix);
(QQ)
(RR)
possession, use, or removal of explosive, chemical, or incendiary 
devices as described in Subsections 
76-10-306
(3) through (6);
(RR)
(SS)
unlawful delivery of explosive, chemical, or incendiary devices as 
described in Section 
76-10-307
;
(SS)
(TT)
purchase or possession of a dangerous weapon or handgun by a 
restricted person as described in Section 
76-10-503
;
(TT)
(UU)
aggravated exploitation of prostitution as described in Subsection 
76-10-1306
(1)(a);
(UU)
(VV)
bus hijacking as described in Section 
76-10-1504
; and
(VV)
(WW)
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 5, 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 an individual who 
commits a capital felony or a first degree felony involving:
(a)
child torture as described in Section 
76-5-109.4
;
(b)
aggravated murder as described in Section 
76-5-202
;
(b)
(c)
murder as described in Section 
76-5-203
;
(c)
(d)
child kidnapping as described in Section 
76-5-301.1
;
(d)
(e)
aggravated kidnapping as described in Subsection 
76-5-302
(3)(b);
(e)
(f)
rape as described in Subsection 
76-5-402
(3)(b), (3)(c), or (4);
(f)
(g)
rape of a child as described in Section 
76-5-402.1
;
(g)
(h)
object rape as described in Subsection 
76-5-402.2
(3)(b), (3)(c), or (4);
(h)
(i)
object rape of a child as described in Section 
76-5-402.3
;
(i)
(j)
forcible sodomy as described in Subsection 
76-5-403
(3)(b), (3)(c), or (4);
(j)
(k)
sodomy on a child as described in Section 
76-5-403.1
;
(k)
(l)
forcible sexual abuse as described in Subsection 
76-5-404
(3)(b)(i) or (ii);
(l)
(m)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(m)
(n)
aggravated sexual assault as described in Section 
76-5-405
; or
(n)
(o)
any attempt to commit a felony listed in Subsection 
(1)(f), (h), or (j)
(1)(g), (i), 
or (k)
.
(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 6, Section 
76-5-109
 is amended to read:
76-5-109
. Child abuse.
(1)
(a)
As used in this section:
(i)
"Child" means an individual who is younger than 18 years old.
(ii)
"Physical injury
"Injury
" means 
an
a physical or psychological
 injury to or 
condition of a child which impairs the physical
 or psychological
 condition of the 
child, including:
(A)
a bruise or other contusion of the skin;
(B)
a minor laceration or abrasion;
(C)
failure to thrive or malnutrition; or
(D)
any other condition 
which
that
 imperils the child's 
physical or psychological 
health or welfare and that is not a serious 
physical 
injury.
(iii)
"Psychological injury" means an identifiable mental or emotional harm, damage, 
impairment, or dysfunction.
(iii)
(iv)
(A)
"Serious 
physical 
injury" means 
any physical
an
 injury or set of 
injuries that:
(I)
seriously impairs the child's health
, which includes the child's physical or 
mental well-being or development
;
(II)
involves physical torture;
(III)
(II)
causes serious emotional harm to the child; or
(IV)
(III)
involves a substantial risk of death to the child.
(B)
"Serious 
physical 
injury" includes:
(I)
fracture of any bone or bones;
(II)
intracranial bleeding, swelling or contusion of the brain, whether caused by 
blows, shaking, or causing the child's head to impact with an object or 
surface;
(III)
any burn, including burns inflicted by hot water, or those caused by 
placing a hot object upon the skin or body of the child;
(IV)
any injury caused by use of a dangerous weapon;
(V)
any combination of two or more 
physical 
injuries inflicted by the same 
person
individual
, either at the same time or on different occasions;
(VI)
any damage to internal organs of the body;
(VII)
any conduct toward a child that results in severe emotional harm, severe 
developmental delay or intellectual disability, or severe impairment of the 
child's ability to function;
(VIII)
any injury that creates a permanent disfigurement or protracted loss or 
impairment of the function of a bodily member, limb, or organ;
(IX)
any impediment of the breathing or the circulation of blood by application 
of pressure to the neck, throat, or chest, or by the obstruction of the nose or 
mouth, that is likely to produce a loss of consciousness;
(X)
any conduct involving unreasonable forcible restriction of a child's 
movements, including restraining or confining the child with restraints or in 
an enclosed space or forcing the child to remain in a stress position;
(XI)
any conduct involving forcing or coercing a child to injure the child's self, 
an individual known to the child, or an animal known to the child;
(XII)
any conduct involving a threat to harm or kill the child, an individual 
known to the child, or an animal known to the child;
(XIII)
any conduct involving unreasonably subjecting a child to excessive heat, 
cold, darkness, solitary confinement, or sleep deprivation;
(X)
(XIV)
any conduct that results in starvation
 or 
, dehydration, 
failure to 
thrive
,
 or malnutrition
,
 that jeopardizes the child's life
 or seriously injures 
the child's physical or mental well-being or development
; or
(XI)
(XV)
unconsciousness caused by the unlawful infliction of a brain injury 
or unlawfully causing any deprivation of oxygen to the brain.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits child abuse if the actor:
(a)
inflicts upon a child 
physical
an
 injury; or
(b)
having the care or custody of 
such
a
 child, causes or permits another to inflict 
physical 
an 
injury upon 
a
the
 child.
(3)
(a)
A violation of Subsection 
(2)
 is a class A misdemeanor if done intentionally or 
knowingly.
(b)
A violation of Subsection 
(2)
 is a class B misdemeanor if done recklessly.
(c)
A violation of Subsection 
(2)
 is a class C misdemeanor if done with criminal 
negligence.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means 
alone through prayer, in lieu of medical treatment, in accordance with the tenets and 
practices of an established church or religious denomination of which the parent or 
legal guardian is a member or adherent may not, for that reason alone, be considered 
to have committed an offense under this section.
(b)
A parent or guardian of a child does not violate this section by selecting a treatment 
option for a medical condition of the child, if the treatment option is one that a 
reasonable parent or guardian would believe to be in the best interest of the child.
(c)
An actor is not guilty of an offense under this section for conduct that constitutes:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section 
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons 
described in Subsections 
(4)(c)(iii)(A)
 through 
(C)
.
Section 7, Section 
76-5-109.2
 is amended to read:
76-5-109.2
. Aggravated child abuse.
(1)
(a)
As used in this section:
(i)
"Child" means the same as that term is defined in Section 
76-5-109
.
(ii)
"Serious 
physical 
injury" means the same as that term is defined in Section 
76-5-109
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An 
Under circumstances not amounting to a violation of Section 
76-5-109.4
, Child 
torture, an 
actor commits aggravated child abuse if the actor:
(a)
inflicts upon a child 
a 
serious 
physical 
injury; or
(b)
having the care or custody of 
such
a
 child, causes or permits another to inflict 
a 
serious 
physical 
injury upon 
a
the
 child.
(3)
(a)
A violation of Subsection 
(2)
 is a second degree felony if done intentionally or 
knowingly.
(b)
A violation of Subsection 
(2)
 is a third degree felony if done recklessly.
(c)
A violation of Subsection 
(2)
 is a class A misdemeanor if done with criminal 
negligence.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means 
alone through prayer, in lieu of medical treatment, in accordance with the tenets and 
practices of an established church or religious denomination of which the parent or 
legal guardian is a member or adherent may not, for that reason alone, be considered 
to have committed an offense under this section.
(b)
A parent or guardian of a child does not violate this section by selecting a treatment 
option for the medical condition of the child, if the treatment option is one that a 
reasonable parent or guardian would believe to be in the best interest of the child.
(c)
An actor is not guilty of an offense under this section for conduct that constitutes:
(i)
conduct described in Section 
76-2-401
; or
(ii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons 
described in Subsections 
(4)(c)(ii)(A)
 through 
(C)
.
Section 8, Section 
76-5-109.3
 is amended to read:
76-5-109.3
. Child abandonment.
(1)
(a)
As used in this section:
(i)
"Child" means the same as that term is defined in Section 
76-5-109
.
(ii)
"Enterprise" means the same as that term is defined in Section 
76-10-1602
.
(iii)
"Serious 
physical
injury" means the same as that term is defined in Section 
76-5-109
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Except as provided in Subsection (4), an actor commits child abandonment if the 
actor:
(i)
is a parent or legal guardian of a child, and:
(A)
intentionally ceases to maintain physical custody of the child;
(B)
intentionally fails to make reasonable arrangements for the safety, care, and 
physical custody of the child; and
(C)
(I)
intentionally fails to provide the child with food, shelter, or clothing;
(II)
manifests an intent to permanently not resume physical custody of the 
child; or
(III)
for a period of at least 30 days, intentionally fails to resume physical 
custody of the child and fails to manifest a genuine intent to resume 
physical custody of the child; or
(ii)
encourages or causes the parent or legal guardian of a child to violate Subsection 
(2)(a)(i).
(b)
Except as provided in Subsection (4), an enterprise commits child abandonment if 
the enterprise encourages, commands, induces by misrepresentation, or causes 
another to violate Subsection (2)(a).
(3)
(a)
(i)
A violation of Subsection (2) is a third degree felony.
(ii)
Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second 
degree felony if, as a result of the child abandonment:
(A)
the child suffers a serious 
p
hysical
injury; or
(B)
the actor or enterprise receives, directly or indirectly, any benefit.
(b)
(i)
In addition to the penalty described in Subsection (3)(a)(ii), the court may order 
the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of 
investigating and prosecuting the offense and the costs of securing any forfeiture 
provided for under Subsection (3)(b)(ii).
(ii)
Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is 
subject to criminal or civil forfeiture pursuant to Title 77, Chapter 11b, Forfeiture 
of Seized Property.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means 
alone through prayer, in lieu of medical treatment, in accordance with the tenets and 
practices of an established church or religious denomination of which the parent or 
legal guardian is a member or adherent may not, for that reason alone, be considered 
to have committed an offense under this section.
(b)
An actor is not guilty of an offense under this section for conduct that constitutes:
(i)
the safe relinquishment of a child pursuant to the provisions of Section 
80-4-502
;
(ii)
giving legal consent to a court order for termination of parental rights:
(A)
in a legal adoption proceeding; or
(B)
in a case in which a petition for the termination of parental rights, or the 
termination of a guardianship, has been filed;
(iii)
reasonable discipline or management of a child, including withholding 
privileges; or
(iv)
conduct described in Section 
76-2-401
.
(c)
It is a defense to prosecution under Subsection (2)(a)(i) that the actor committed 
child abandonment due to:
(i)
intimidation;
(ii)
isolation;
(iii)
harassment;
(iv)
coercion;
(v)
the actor's reasonable fear of bodily harm; or
(vi)
the reasonable actions of the actor to protect the safety and welfare of the actor or 
another individual.
Section 9, Section 
76-5-109.4
 is enacted to read:
76-5-109.4
. Child torture.
(1)
(a)
As used in this section:
(i)
"Child" means the same as that term is defined in Section 
76-5-109
.
(ii)
"Course of conduct" means a pattern of conduct composed of two or more acts 
that evidence a continuity of purpose.
(iii)
"Serious injury" means the same as that term is defined in Section 
76-5-109
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits child torture if the actor intentionally or knowingly inflicts upon a 
child, or having the care or custody of a child, intentionally or knowingly causes or 
permits another to inflict upon the child:
(a)
a serious injury that is inflicted in an exceptionally cruel or exceptionally depraved 
manner that causes the child to experience extreme physical or psychological pain or 
anguish; or
(b)
a serious injury, or more than one serious injury, as part of a course of conduct or 
over a prolonged period of time.
(3)
(a)
Except as provided under Subsection 
(3)(b)
, a violation of Subsection 
(2)
 is a first 
degree felony subject to a sentence of imprisonment of at least 10 years and which 
may be for life.
(b)
If, when imposing a sentence of imprisonment, a court finds that a lesser term than 
the term described in Subsection 
(3)
(a) 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:
(i)
seven years and which may be for life; or
(ii)
four years and which may be for life.
(4)
Imprisonment under Subsection 
(3)
 is mandatory in accordance with Section 
76-3-406
.
(5)
An actor's conduct is not subject to punishment under Subsection 
(2)(b)
 if the serious 
injury that forms the basis for the offense is based solely on the commission of two or 
more injuries by the same individual as described under Subsection 
76-5-109(1)
(a)(iii)(B)(V).
Section 10, Section 
76-5-110
 is amended to read:
76-5-110
. Abuse or neglect of a child with a disability.
(1)
(a)
As used in this section:
(i)
"Abuse" means:
(A)
inflicting 
physical 
injury;
(B)
having the care or custody of a child with a disability, causing or permitting 
another to inflict 
physical 
injury; or
(C)
unreasonable confinement.
(ii)
"Caretaker" means:
(A)
any parent, legal guardian, or other person having under that person's care and 
custody a child with a disability; or
(B)
any person, corporation, or public institution that has assumed by contract or 
court order the responsibility to provide food, shelter, clothing, medical, and 
other necessities to a child with a disability.
(iii)
"Child with a disability" means an individual under 18 years old who is impaired 
because of mental illness, mental deficiency, physical illness or disability, or other 
cause, to the extent that the individual is unable to care for the individual's own 
personal safety or to provide necessities such as food, shelter, clothing, and 
medical care.
(iv)
"Injury" means the same as that term is defined in Section 
76-5-109
.
(iv)
(v)
"Neglect" means failure by a caretaker to provide care, nutrition, clothing, 
shelter, supervision, or medical care.
(v)
"Physical injury" means the same as that term is defined in Section 
76-5-109
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits abuse or neglect of a child with a disability if the actor is a caretaker 
and intentionally, knowingly, or recklessly abuses or neglects a child with a disability.
(3)
A violation of Subsection 
(2)
 is a third degree felony.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means 
alone through prayer, in lieu of medical treatment, in accordance with the tenets and 
practices of an established church or religious denomination of which the parent or 
legal guardian is a member or adherent may not, for that reason alone, be considered 
to be in violation under this section.
(b)
Subject to Section 
80-3-109
, the exception under Subsection 
(4)
(a) does not preclude 
a court from ordering medical services from a physician licensed to engage in the 
practice of medicine to be provided to the child where there is substantial risk of 
harm to the child's health or welfare if the treatment is not provided.
(c)
A caretaker of a child with a disability does not violate this section by selecting a 
treatment option for a medical condition of a child with a disability, if the treatment 
option is one that a reasonable caretaker would believe to be in the best interest of the 
child with a disability.
Section 11, Section 
76-5-202
 is amended to read:
76-5-202
. Aggravated murder -- Penalties -- Affirmative defense and special 
mitigation -- Separate offense.
(1)
(a)
As used in this section:
(i)
"Correctional officer" means the same as that term is defined in Section 
53-13-104
.
(ii)
"Emergency responder" means the same as that term is defined in Section 
53-2b-102
.
(iii)
"Federal officer" means the same as that term is defined in Section 
53-13-106
.
(iv)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(v)
"Peace officer" means:
(A)
a correctional officer, federal officer, law enforcement officer, or special 
function officer; or
(B)
any other person who may exercise peace officer authority in accordance with 
Title 53, Chapter 13, Peace Officer Classifications
.
(vi)
"Special function officer" means the same as that term is defined in Section 
53-13-105
.
(vii)
"Target a law enforcement officer" means an act:
(A)
involving the unlawful use of force and violence against a law enforcement 
officer;
(B)
that causes serious bodily injury or death; and
(C)
that is in furtherance of political or social objectives in order to intimidate or 
coerce a civilian population or to influence or affect the conduct of a 
government or a unit of government.
(viii)
"Weapon of mass destruction" means the same as that term is defined in Section 
76-10-401
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits aggravated murder if the actor intentionally or knowingly 
causes the death of another individual under any of the following circumstances:
(i)
the actor committed homicide while confined in a jail or other correctional 
institution;
(ii)
(A)
the actor committed homicide incident to one act, scheme, course of 
conduct, or criminal episode during which two or more individuals other than 
the actor were killed; or
(B)
the actor, during commission of the homicide, attempted to kill one or more 
other individuals in addition to the deceased individual;
(iii)
the actor knowingly created a great risk of death to another individual other than 
the deceased individual and the actor;
(iv)
the actor committed homicide incident to an act, scheme, course of conduct, or 
criminal episode during which the actor committed or attempted to commit 
aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a 
child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse 
of a child, aggravated sexual abuse of a child, aggravated child abuse as described 
in Subsection 
76-5-109.2(3)(a)
, 
child torture, 
or aggravated sexual assault, 
aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or 
kidnapping, or child kidnapping;
(v)
the actor committed homicide incident to one act, scheme, course of conduct, or 
criminal episode during which the actor committed the crime of abuse or 
desecration of a dead human body as described in Subsection 
76-9-704(2)(e)
;
(vi)
the actor committed homicide for the purpose of avoiding or preventing an arrest 
of the actor or another individual by a peace officer acting under color of legal 
authority or for the purpose of effecting the actor's or another individual's escape 
from lawful custody;
(vii)
the actor committed homicide for pecuniary gain;
(viii)
the actor committed, engaged, or employed another person to commit the 
homicide subject to an agreement or contract for remuneration or the promise of 
remuneration for commission of the homicide;
(ix)
the actor previously committed or was convicted of:
(A)
aggravated murder under this section;
(B)
attempted aggravated murder under this section;
(C)
murder, under Section 
76-5-203
;
(D)
attempted murder, under Section 
76-5-203
; or
(E)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(ix)
;
(x)
the actor was previously convicted of:
(A)
aggravated assault, under Section 
76-5-103
;
(B)
mayhem, under Section 
76-5-105
;
(C)
kidnapping, under Section 
76-5-301
;
(D)
child kidnapping, under Section 
76-5-301.1
;
(E)
aggravated kidnapping, under Section 
76-5-302
;
(F)
rape, under Section 
76-5-402
;
(G)
rape of a child, under Section 
76-5-402.1
;
(H)
object rape, under Section 
76-5-402.2
;
(I)
object rape of a child, under Section 
76-5-402.3
;
(J)
forcible sodomy, under Section 
76-5-403
;
(K)
sodomy on a child, under Section 
76-5-403.1
;
(L)
aggravated sexual abuse of a child, under Section 
76-5-404.3
;
(M)
aggravated sexual assault, under Section 
76-5-405
;
(N)
aggravated arson, under Section 
76-6-103
;
(O)
aggravated burglary, under Section 
76-6-203
;
(P)
aggravated robbery, under Section 
76-6-302
;
(Q)
felony discharge of a firearm, under Section 
76-10-508.1
; or
(R)
an offense committed in another jurisdiction which if committed in this state 
would be a violation of a crime listed in this Subsection 
(2)(a)(x)
;
(xi)
the actor committed homicide for the purpose of:
(A)
preventing a witness from testifying;
(B)
preventing a person from providing evidence or participating in any legal 
proceedings or official investigation;
(C)
retaliating against a person for testifying, providing evidence, or participating 
in any legal proceedings or official investigation; or
(D)
disrupting or hindering any lawful governmental function or enforcement of 
laws;
(xii)
the deceased individual was a local, state, or federal public official, or a 
candidate for public office, and the homicide is based on, is caused by, or is 
related to that official position, act, capacity, or candidacy;
(xiii)
the deceased individual was on duty in a verified position or the homicide is 
based on, is caused by, or is related to the deceased individual's position, and the 
actor knew, or reasonably should have known, that the deceased individual holds 
or has held the position of:
(A)
a peace officer;
(B)
an executive officer, prosecuting officer, jailer, or prison official;
(C)
a firefighter, search and rescue personnel, emergency medical personnel, 
ambulance personnel, or any other emergency responder;
(D)
a judge or other court official, juror, probation officer, or parole officer; or
(E)
a security officer contracted to secure, guard, or otherwise protect tangible 
personal property, real property, or the life and well-being of human or animal 
life in the area of the offense;
(xiv)
the actor committed homicide:
(A)
by means of a destructive device, bomb, explosive, incendiary device, or 
similar device which was planted, hidden, or concealed in any place, area, 
dwelling, building, or structure, or was mailed or delivered;
(B)
by means of any weapon of mass destruction; or
(C)
to target a law enforcement officer;
(xv)
the actor committed homicide during the act of unlawfully assuming control of 
an aircraft, train, or other public conveyance by use of threats or force with intent 
to:
(A)
obtain any valuable consideration for the release of the public conveyance or 
any passenger, crew member, or any other person aboard;
(B)
direct the route or movement of the public conveyance; or
(C)
otherwise exert control over the public conveyance;
(xvi)
the actor committed homicide by means of the administration of a poison or of 
any lethal substance or of any substance administered in a lethal amount, dosage, 
or quantity;
(xvii)
the deceased individual was held or otherwise detained as a shield, hostage, or 
for ransom;
(xviii)
the actor committed homicide in an especially heinous, atrocious, cruel, or 
exceptionally depraved manner, any of which must be demonstrated by physical 
torture, serious physical abuse, or serious bodily injury of the deceased individual 
before death;
(xix)
the actor dismembers, mutilates, or disfigures the deceased individual's body, 
whether before or after death, in a manner demonstrating the actor's depravity of 
mind; or
(xx)
the deceased individual, at the time of the death of the deceased individual:
(A)
was younger than 14 years old; and
(B)
was not an unborn child.
(b)
An actor commits aggravated murder if the actor, with reckless indifference to 
human life, causes the death of another individual incident to an act, scheme, course 
of conduct, or criminal episode during which the actor is a major participant in the 
commission or attempted commission of:
(i)
aggravated child abuse, punishable as a felony of the second degree under 
Subsection 
76-5-109.2(3)(a)
;
(ii)
child torture under Section 
76-5-109.4
;
(ii)
(iii)
child kidnapping
,
 under Section 
76-5-301.1
;
(iii)
(iv)
rape of a child
,
 under Section 
76-5-402.1
;
(iv)
(v)
object rape of a child
,
 under Section 
76-5-402.3
;
(v)
(vi)
sodomy on a child
,
 under Section 
76-5-403.1
; or
(vi)
(vii)
sexual abuse or aggravated sexual abuse of a child
,
 under Section 
76-5-404.1
.
(3)
(a)
If a notice of intent to seek the death penalty has been filed, a violation of 
Subsection 
(2)
 is a capital felony.
(b)
If a notice of intent to seek the death penalty has not been filed, aggravated murder is 
a noncapital first degree felony punishable as provided in Section 
76-3-207.7
.
(c)
(i)
Within 60 days after arraignment of the defendant, the prosecutor may file 
notice of intent to seek the death penalty.
(ii)
The notice shall be served on the defendant or defense counsel and filed with the 
court.
(iii)
Notice of intent to seek the death penalty may be served and filed more than 60 
days after the arraignment upon written stipulation of the parties or upon a finding 
by the court of good cause.
(d)
Without the consent of the prosecutor, the court may not accept a plea of guilty to 
noncapital first degree felony aggravated murder during the period in which the 
prosecutor may file a notice of intent to seek the death penalty under Subsection 
(3)(c)(i)
.
(e)
If the defendant was younger than 18 years old at the time the offense was 
committed, aggravated murder is a noncapital first degree felony punishable as 
provided in Section 
76-3-207.7
.
(f)
Notwithstanding Subsection 
(3)(a)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated 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 aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(4)
(a)
It is an affirmative defense to a charge of aggravated murder or attempted 
aggravated murder that the actor caused the death of another or attempted to cause 
the death of another 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)
 or 
(3)(b)
, if the trier of fact finds the elements of 
aggravated murder, or alternatively, attempted aggravated 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 aggravated murder, the court shall 
enter a judgment of conviction for murder; or
(ii)
if the trier of fact finds the defendant guilty of attempted aggravated murder, the 
court shall enter a judgment of conviction for attempted murder.
(5)
(a)
Any aggravating circumstance described in Subsection 
(2)
 that constitutes a 
separate offense does not merge with the crime of aggravated murder.
(b)
An actor who is convicted of aggravated murder, based on an aggravating 
circumstance described in Subsection 
(2)
 that constitutes a separate offense, may also 
be convicted of, and punished for, the separate offense.
Section 12, 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)
child torture under Section 
76-5-109.4
;
(iii)
(iv)
kidnapping under Section 
76-5-301
;
(iv)
(v)
child kidnapping under Section 
76-5-301.1
;
(v)
(vi)
aggravated kidnapping under Section 
76-5-302
;
(vi)
(vii)
rape under Section 
76-5-402
;
(vii)
(viii)
rape of a child under Section 
76-5-402.1
;
(viii)
(ix)
object rape under Section 
76-5-402.2
;
(ix)
(x)
object rape of a child under Section 
76-5-402.3
;
(x)
(xi)
forcible sodomy under Section 
76-5-403
;
(xi)
(xii)
sodomy upon a child under Section 
76-5-403.1
;
(xii)
(xiii)
forcible sexual abuse under Section 
76-5-404
;
(xiii)
(xiv)
sexual abuse of a child under Section 
76-5-404.1
;
(xiv)
(xv)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xv)
(xvi)
aggravated sexual assault under Section 
76-5-405
;
(xvi)
(xvii)
arson under Section 
76-6-102
;
(xvii)
(xviii)
aggravated arson under Section 
76-6-103
;
(xviii)
(xix)
burglary under Section 
76-6-202
;
(xix)
(xx)
aggravated burglary under Section 
76-6-203
;
(xx)
(xxi)
robbery under Section 
76-6-301
;
(xxi)
(xxii)
aggravated robbery under Section 
76-6-302
;
(xxii)
(xxiii)
escape under Section 
76-8-309
; 
(xxiii)
(xxiv)
aggravated escape under Section 
76-8-309.3
; or
(xxiv)
(xxv)
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), 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 13, Section 
76-5-208
 is amended to read:
76-5-208
. Child abuse homicide -- Penalties.
(1)
(a)
As used in this section, "child abuse" means an offense described in 
Sections
Section
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
and
76-5-109.4
, or
76-5-114
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
Unless a violation amounts to aggravated murder as described in Section 
76-5-202
, an 
actor commits child abuse homicide if:
(a)
(i)
the actor causes the death of another individual who is younger than 18 years 
old; and
(ii)
the individual's death results from child abuse; and
(b)
(i)
the child abuse is based on a violation of Section 
76-5-109.4
, Child Torture;
(ii)
the child abuse is done recklessly under Subsection 
76-5-109.2(3)(b)
;
(ii)
(iii)
the child abuse is done with criminal negligence under Subsection 
76-5-109.2(3)(c)
; or
(iii)
(iv)
under circumstances not amounting to the type of child abuse homicide 
described in Subsection 
(2)(b)(i)
, the child abuse is done intentionally, knowingly, 
recklessly, or with criminal negligence, under Subsection 
76-5-109(3)(a)
, 
(b)
, or 
(c)
.
(3)
(a)
A violation of Subsection 
(2)
 under the circumstances described in Subsection 
(2)(b)(i)
 is a first degree felony.
(b)
A violation of Subsection 
(2)
 under the circumstances described in Subsection 
(2)(b)(ii)
 or 
(iii)
 is a second degree felony.
Section 14, Section 
76-7-101
 is amended to read:
76-7-101
. Bigamy -- Penalty -- Defense.
(1)
An individual is guilty of bigamy if:
(a)
the individual purports to marry another individual; and
(b)
knows or reasonably should know that one or both of the individuals described in 
Subsection 
(1)(a)
 are legally married to another individual.
(2)
An individual who violates Subsection 
(1)
 is guilty of an infraction.
(3)
An individual is guilty of a third degree felony if the individual induces bigamy:
(a)
under fraudulent or false pretenses; or
(b)
by threat or coercion.
(4)
An individual is guilty of a second degree felony if the individual:
(a)
cohabitates with another individual with whom the individual is engaged in bigamy 
as described in Subsection 
(1)
; and
(b)
in furtherance of the conduct described in Subsection 
(4)(a)
, commits a felony 
offense, or for Subsection 
(4)(b)
(xiii)
(4)(b)(xiv)
, a misdemeanor offense, in 
violation of one or more of the following:
(i)
Section 
76-5-109
, child abuse;
(ii)
Section 
76-5-109.2
, aggravated child abuse;
(iii)
Section 
76-5-109.3
, child abandonment;
(iv)
Section 
76-5-109.4
, child torture;
(iv)
(v)
Section 
76-5-111
, abuse of a vulnerable adult;
(v)
(vi)
Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(vi)
(vii)
Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(vii)
(viii)
Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(viii)
(ix)
Chapter 5, Part 2, Criminal Homicide
;
(ix)
(x)
Section 
76-5-208
, child abuse homicide;
(x)
(xi)
Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling
;
(xi)
(xii)
Chapter 5, Part 4, Sexual Offenses
;
(xii)
(xiii)
Section 
76-7-201
, criminal nonsupport;
(xiii)
(xiv)
Section 
76-9-702.1
, sexual battery;
(xiv)
(xv)
Title 77, Chapter 36, Cohabitant Abuse Procedures Act
; or
(xv)
(xvi)
Title 78B, Chapter 7, Part 8, Criminal Protective Orders
.
(5)
It is a defense to prosecution under Subsection 
(2)
 that:
(a)
the individual ceased the practice of bigamy as described in Subsection 
(1)
 under 
reasonable fear of coercion or bodily harm;
(b)
the individual entered the practice of bigamy, as described in Subsection 
(1)
, as a 
minor and ceased the practice of bigamy at any time after the individual entered the 
practice of bigamy; or
(c)
law enforcement discovers that the individual practices bigamy, as described in 
Subsection 
(1)
, as a result of the individual's efforts to protect the safety and welfare 
of another individual.
Section 15, 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)
(A)
aggravated child abuse under Subsection 
76-5-109.2
(3)(a) or (b); or
(ii)
(B)
attempting, soliciting, or conspiring to commit aggravated child abuse 
under Subsection 
76-5-109.2
(3)(a) or (b);
 or
(ii)
(A)
child torture under Section 
76-5-109.4
; or
(B)
attempting, soliciting, or conspiring to commit child torture under Section 
76-5-109.4
;
(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
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 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
; 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 
isa
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 16, Section 
78B-6-117
 is amended to read:
78B-6-117
. Who may adopt -- Adoption of minor.
(1)
A minor child may be adopted by an adult individual, in accordance with this section 
and this part.
(2)
A child may be adopted by:
(a)
adults who are legally married to each other in accordance with the laws of this state, 
including adoption by a stepparent; or
(b)
subject to Subsections 
(3)
 and 
(4)
, a single adult.
(3)
A child may not be adopted by an individual who is cohabiting in a relationship that is 
not a legally valid and binding marriage under the laws of this state unless the individual 
is a relative of the child or a recognized placement under the Indian Child Welfare Act, 
25 U.S.C. Sec. 1901 et seq.
(4)
To provide a child who is in the custody of the division with the most beneficial family 
structure, when a child in the custody of the division is placed for adoption, the division 
or child-placing agency shall place the child with a married couple, unless:
(a)
there are no qualified married couples who:
(i)
have applied to adopt a child;
(ii)
are willing to adopt the child; and
(iii)
are an appropriate placement for the child;
(b)
the child is placed with a relative of the child;
(c)
the child is placed with an individual who has already developed a substantial 
relationship with the child;
(d)
the child is placed with an individual who:
(i)
is selected by a parent or former parent of the child, if the parent or former parent 
consented to the adoption of the child; and
(ii)
the parent or former parent described in Subsection 
(4)(d)(i)
:
(A)
knew the individual with whom the child is placed before the parent 
consented to the adoption; or
(B)
became aware of the individual with whom the child is placed through a 
source other than the division or the child-placing agency that assists with the 
adoption of the child; or
(e)
it is in the best interests of the child to place the child with a single adult.
(5)
Except as provided in Subsection 
(6)
, an adult may not adopt a child if, before adoption 
is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a 
felony or attempted felony involving conduct that constitutes any of the following:
(a)
child abuse, as described in Section 
76-5-109
;
(b)
aggravated child abuse, as described in Section 
76-5-109.2
;
(c)
child abandonment, as described in Section 
76-5-109.3
;
(d)
child torture, as described in Section 
76-5-109.4
;
(e)
commission of domestic violence in the presence of a child, as described in Section 
76-5-114
;
(b)
(f)
child abuse homicide, as described in Section 
76-5-208
;
(c)
(g)
child kidnapping, as described in Section 
76-5-301.1
;
(d)
(h)
human trafficking of a child, as described in Section 
76-5-308.5
;
(e)
(i)
sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f)
(j)
rape of a child, as described in Section 
76-5-402.1
;
(g)
(k)
object rape of a child, as described in Section 
76-5-402.3
;
(h)
(l)
sodomy on a child, as described in Section 
76-5-403.1
;
(i)
(m)
sexual abuse of a child, as described in Section 
76-5-404.1
, or aggravated sexual 
abuse of a child, as described in Section 
76-5-404.3
;
(j)
(n)
sexual exploitation of a minor, as described in Section 
76-5b-201
;
(k)
(o)
aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
;
or
(l)
aggravated child abuse, as described in Section 
76-5-109.2
;
(m)
child abandonment, as described in Section 
76-5-109.3
;
(n)
commission of domestic violence in the presence of a child, as described in Section 
76-5-114
; or
(o)
(p)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection 
(5)
.
(6)
(a)
For purpose of this Subsection 
(6)
, "disqualifying offense" means an offense listed 
in Subsection 
(5)
 that prevents a court from considering an individual for adoption of 
a child except as provided in this Subsection 
(6)
.
(b)
An individual described in Subsection 
(5)
 may only be considered for adoption of a 
child if the following criteria are met by clear and convincing evidence:
(i)
at least 10 years have elapsed from the day on which the individual is successfully 
released from prison, jail, parole, or probation related to a disqualifying offense;
(ii)
during the 10 years before the day on which the individual files a petition with the 
court seeking adoption, the individual has not been convicted, pleaded guilty, or 
pleaded no contest to an offense greater than an infraction or traffic violation that 
would likely impact the health, safety, or well-being of the child;
(iii)
the individual can provide evidence of successful treatment or rehabilitation 
directly related to the disqualifying offense;
(iv)
the court determines that the risk related to the disqualifying offense is unlikely 
to cause harm, as defined in Section 
80-1-102
, or potential harm to the child 
currently or at any time in the future when considering all of the following:
(A)
the child's age;
(B)
the child's gender;
(C)
the child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a child 12 years old or older;
(F)
any available assessments, including custody evaluations, home studies, 
pre-placement adoptive evaluations, parenting assessments, psychological or 
mental health assessments, and bonding assessments; and
(G)
any other relevant information;
(v)
the individual can provide evidence of all of the following:
(A)
the relationship with the child is of long duration;
(B)
that an emotional bond exists with the child; and
(C)
that adoption by the individual who has committed the disqualifying offense 
ensures the best interests of the child are met; and
(vi)
the adoption is by:
(A)
a stepparent whose spouse is the adoptee's parent and consents to the 
adoption; or
(B)
subject to Subsection 
(6)(d)
, a relative of the child as defined in Section 
80-3-102
 and there is not another relative without a disqualifying offense filing 
an adoption petition.
(c)
The individual with the disqualifying offense bears the burden of proof regarding 
why adoption with that individual is in the best interest of the child over another 
responsible relative or equally situated individual who does not have a disqualifying 
offense.
(d)
If there is an alternative responsible relative who does not have a disqualifying 
offense filing an adoption petition, the following applies:
(i)
preference for adoption shall be given to a relative who does not have a 
disqualifying offense; and
(ii)
before the court may grant adoption to the individual who has the disqualifying 
offense over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(7)
Subsections 
(5)
 and 
(6)
 apply to a case pending on March 25, 2017, for which a final 
decision on adoption has not been made and to a case filed on or after March 25, 2017.
Section 17, Section 
78B-7-801
 is amended to read:
78B-7-801
. Definitions.
As used in this part:
(1)
(a)
"Jail release agreement" means a written agreement that is entered into by an 
individual who is arrested or issued a citation, regardless of whether the individual is 
booked into jail:
(i)
under which the arrested or cited individual agrees to not engage in any of the 
following:
(A)
telephoning, contacting, or otherwise communicating with the alleged victim, 
directly or indirectly;
(B)
threatening or harassing the alleged victim; or
(C)
knowingly entering onto the premises of the alleged victim's residence or on 
premises temporarily occupied by the alleged victim, unless, after a law 
enforcement officer or the law enforcement officer's employing agency notifies 
or attempts to notify the alleged victim, the individual enters the premises 
while accompanied by a law enforcement officer for the purpose of retrieving 
the individual's personal belongings; and
(ii)
that specifies other conditions of release from jail or arrest.
(b)
"Jail release agreement" includes a written agreement that includes the conditions 
described in Section 
(1)(a)
 entered into by a minor who is taken into custody or 
placed in detention or a shelter facility under Section 
80-6-201
.
(2)
"Jail release court order" means a written court order that:
(a)
orders an arrested or cited individual not to engage in any of the following:
(i)
telephoning, contacting, or otherwise communicating with the alleged victim, 
directly or indirectly;
(ii)
threatening or harassing the alleged victim; or
(iii)
knowingly entering onto the premises of the alleged victim's residence or on 
premises temporarily occupied by the alleged victim, unless, after a law 
enforcement officer or the law enforcement officer's employing agency notifies or 
attempts to notify the alleged victim, the individual enters the premises while 
accompanied by a law enforcement officer for the purpose of retrieving the 
individual's personal belongings; and
(b)
specifies other conditions of release from jail.
(3)
"Minor" means the same as that term is defined in Section 
80-1-102
.
(4)
"Offense against a child or vulnerable adult" means the commission or attempted 
commission of an offense described in:
(a)
Section 
76-5-109
, child abuse;
(b)
Section 
76-5-109.2
, aggravated child abuse;
(c)
Section 
76-5-109.3
, child abandonment;
(d)
Section 
76-5-109.4
, child torture;
(d)
(e)
Section 
76-5-110
, abuse or neglect of a child with a disability;
(e)
(f)
Section 
76-5-111
, abuse of a vulnerable adult;
(f)
(g)
Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(g)
(h)
Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(h)
(i)
Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(i)
(j)
Section 
76-5-114
, commission of domestic violence in the presence of a child; or
(j)
(k)
Section 
76-9-702.1
, sexual battery.
(5)
"Qualifying offense" means:
(a)
domestic violence;
(b)
an offense against a child or vulnerable adult; or
(c)
the commission or attempted commission of an offense described in Section 
76-9-702.1
 or 
Title 76, Chapter 5, Part 4, Sexual Offenses
.
Section 18, Section 
80-1-102
 is amended to read:
80-1-102
. Juvenile Code definitions.
Except as provided in Section 
80-6-1103
, as used in this title:
(1)
(a)
"Abuse" means:
(i)
(A)
nonaccidental harm of a child;
(B)
threatened harm of a child;
(C)
sexual exploitation;
(D)
sexual abuse; or
(E)
human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii)
that a child's natural parent:
(A)
intentionally, knowingly, or recklessly causes the death of another parent of 
the child;
(B)
is identified by a law enforcement agency as the primary suspect in an 
investigation for intentionally, knowingly, or recklessly causing the death of 
another parent of the child; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or 
recklessly causing the death of another parent of the child.
(b)
"Abuse" does not include:
(i)
reasonable discipline or management of a child, including withholding privileges;
(ii)
conduct described in Section 
76-2-401
; or
(iii)
the use of reasonable and necessary physical restraint or force on a child:
(A)
in self-defense;
(B)
in defense of others;
(C)
to protect the child; or
(D)
to remove a weapon in the possession of a child for any of the reasons 
described in Subsections (1)(b)(iii)(A) through (C).
(2)
"Abused child" means a child who has been subjected to abuse.
(3)
(a)
"Adjudication" means, except as provided in Subsection (3)(b):
(i)
for a delinquency petition or criminal information under Chapter 6, Juvenile 
Justice:
(A)
a finding by the juvenile court that the facts alleged in a delinquency petition 
or criminal information alleging that a minor committed an offense have been 
proved;
(B)
an admission by a minor in the juvenile court as described in Section 
80-6-306
; 
or
(C)
a plea of no contest by minor in the juvenile court; or
(ii)
for all other proceedings under this title, a finding by the juvenile court that the 
facts alleged in the petition have been proved.
(b)
"Adjudication" does not include:
(i)
an admission by a minor described in Section 
80-6-306
 until the juvenile court 
enters the minor's admission; or
(ii)
a finding of not competent to proceed in accordance with Section 
80-6-402
.
(4)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include an individual:
(i)
who is 18 years old or older; and
(ii)
who is a minor.
(5)
"Attorney guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(6)
"Board" means the Board of Juvenile Court Judges.
(7)
"Child" means, except as provided in Section 
80-2-905
, an individual who is under 18 
years old.
(8)
"Child and family plan" means a written agreement between a child's parents or 
guardian and the Division of Child and Family Services as described in Section 
80-3-307
.
(9)
"Child placing" means the same as that term is defined in Section 
26B-2-101
.
(10)
"Child-placing agency" means the same as that term is defined in Section 
26B-2-101
.
(11)
"Child protection team" means a team consisting of:
(a)
the child welfare caseworker assigned to the case;
(b)
if applicable, the child welfare caseworker who made the decision to remove the 
child;
(c)
a representative of the school or school district where the child attends school;
(d)
if applicable, the law enforcement officer who removed the child from the home;
(e)
a representative of the appropriate Children's Justice Center, if one is established 
within the county where the child resides;
(f)
if appropriate, and known to the division, a therapist or counselor who is familiar 
with the child's circumstances;
(g)
if appropriate, a representative of law enforcement selected by the chief of police or 
sheriff in the city or county where the child resides; and
(h)
any other individuals determined appropriate and necessary by the team coordinator 
and chair.
(12)
(a)
"Chronic abuse" means repeated or patterned abuse.
(b)
"Chronic abuse" does not mean an isolated incident of abuse.
(13)
(a)
"Chronic neglect" means repeated or patterned neglect.
(b)
"Chronic neglect" does not mean an isolated incident of neglect.
(14)
"Clandestine laboratory operation" means the same as that term is defined in Section 
58-37d-3
.
(15)
"Commit" or "committed" means, unless specified otherwise:
(a)
with respect to a child, to transfer legal custody; and
(b)
with respect to a minor who is at least 18 years old, to transfer custody.
(16)
"Community-based program" means a nonsecure residential or nonresidential program, 
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least 
restrictive setting, consistent with public safety, and operated by or under contract with 
the Division of Juvenile Justice and Youth Services.
(17)
"Community placement" means placement of a minor in a community-based program 
described in Section 
80-5-402
.
(18)
"Correctional facility" means:
(a)
a county jail; or
(b)
a secure correctional facility as defined in Section 
64-13-1
.
(19)
"Criminogenic risk factors" means evidence-based factors that are associated with a 
minor's likelihood of reoffending.
(20)
"Department" means the Department of Health and Human Services created in Section 
26B-1-201
.
(21)
"Dependent child" or "dependency" means a child who is without proper care through 
no fault of the child's parent, guardian, or custodian.
(22)
"Deprivation of custody" means transfer of legal custody by the juvenile court from a 
parent or a previous custodian to another person, agency, or institution.
(23)
"Detention" means home detention or secure detention.
(24)
"Detention facility" means a facility, established by the Division of Juvenile Justice 
and Youth Services in accordance with Section 
80-5-501
, for minors held in detention.
(25)
"Detention risk assessment tool" means an evidence-based tool established under 
Section 
80-5-203
 that:
(a)
assesses a minor's risk of failing to appear in court or reoffending before 
adjudication; and
(b)
is designed to assist in making a determination of whether a minor shall be held in 
detention.
(26)
"Developmental immaturity" means incomplete development in one or more domains 
that manifests as a functional limitation in the minor's present ability to:
(a)
consult with counsel with a reasonable degree of rational understanding; and
(b)
have a rational as well as factual understanding of the proceedings.
(27)
"Disposition" means an order by a juvenile court, after the adjudication of a minor, 
under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(28)
"Educational neglect" means that, after receiving a notice of compulsory education 
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith 
effort to ensure that the child receives an appropriate education.
(29)
"Educational series" means an evidence-based instructional series:
(a)
obtained at a substance abuse program that is approved by the Division of Integrated 
Healthcare in accordance with Section 
26B-5-104
; and
(b)
designed to prevent substance use or the onset of a mental health disorder.
(30)
"Emancipated" means the same as that term is defined in Section 
80-7-102
.
(31)
"Evidence-based" means a program or practice that has had multiple randomized 
control studies or a meta-analysis demonstrating that the program or practice is effective 
for a specific population or has been rated as effective by a standardized program 
evaluation tool.
(32)
"Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(33)
"Formal probation" means a minor is:
(a)
supervised in the community by, and reports to, a juvenile probation officer or an 
agency designated by the juvenile court; and
(b)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(34)
"Group rehabilitation therapy" means psychological and social counseling of one or 
more individuals in the group, depending upon the recommendation of the therapist.
(35)
"Guardian" means a person appointed by a court to make decisions regarding a minor, 
including the authority to consent to:
(a)
marriage;
(b)
enlistment in the armed forces;
(c)
major medical, surgical, or psychiatric treatment; or
(d)
legal custody, if legal custody is not vested in another individual, agency, or 
institution.
(36)
"Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(37)
"Harm" means:
(a)
physical or developmental injury or damage;
(b)
emotional damage that results in a serious impairment in the child's growth, 
development, behavior, or psychological functioning;
(c)
sexual abuse; or
(d)
sexual exploitation.
(38)
"Home detention" means placement of a minor:
(a)
if prior to a disposition, in the minor's home, or in a surrogate home with the consent 
of the minor's parent, guardian, or custodian, under terms and conditions established 
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
(b)
if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the 
minor's home, or in a surrogate home with the consent of the minor's parent, 
guardian, or custodian, under terms and conditions established by the Division of 
Juvenile Justice and Youth Services or the juvenile court.
(39)
(a)
"Incest" means engaging in sexual intercourse with an individual whom the 
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, 
aunt, nephew, niece, or first cousin.
(b)
"Incest" includes:
(i)
blood relationships of the whole or half blood, regardless of whether the 
relationship is legally recognized;
(ii)
relationships of parent and child by adoption; and
(iii)
relationships of stepparent and stepchild while the marriage creating the 
relationship of a stepparent and stepchild exists.
(40)
"Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(41)
"Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42)
"Indigent defense service provider" means the same as that term is defined in Section 
78B-22-102
.
(43)
"Indigent defense services" means the same as that term is defined in Section 
78B-22-102
.
(44)
"Indigent individual" means the same as that term is defined in Section 
78B-22-102
.
(45)
(a)
"Intake probation" means a minor is:
(i)
monitored by a juvenile probation officer; and
(ii)
subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b)
"Intake probation" does not include formal probation.
(46)
"Intellectual disability" means a significant subaverage general intellectual functioning 
existing concurrently with deficits in adaptive behavior that constitutes a substantial 
limitation to the individual's ability to function in society.
(47)
"Juvenile offender" means:
(a)
a serious youth offender; or
(b)
a youth offender.
(48)
"Juvenile probation officer" means a probation officer appointed under Section 
78A-6-205
.
(49)
"Juvenile receiving center" means a nonsecure, nonresidential program established by 
the Division of Juvenile Justice and Youth Services, or under contract with the Division 
of Juvenile Justice and Youth Services, that is responsible for minors taken into 
temporary custody under Section 
80-6-201
.
(50)
"Legal custody" means a relationship embodying:
(a)
the right to physical custody of the minor;
(b)
the right and duty to protect, train, and discipline the minor;
(c)
the duty to provide the minor with food, clothing, shelter, education, and ordinary 
medical care;
(d)
the right to determine where and with whom the minor shall live; and
(e)
the right, in an emergency, to authorize surgery or other extraordinary care.
(51)
"Licensing Information System" means the Licensing Information System maintained 
by the Division of Child and Family Services under Section 
80-2-1002
.
(52)
"Management Information System" means the Management Information System 
developed by the Division of Child and Family Services under Section 
80-2-1001
.
(53)
"Mental illness" means:
(a)
a psychiatric disorder that substantially impairs an individual's mental, emotional, 
behavioral, or related functioning; or
(b)
the same as that term is defined in:
(i)
the current edition of the Diagnostic and Statistical Manual of Mental Disorders 
published by the American Psychiatric Association; or
(ii)
the current edition of the International Statistical Classification of Diseases and 
Related Health Problems.
(54)
"Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a)
a child; or
(b)
an individual:
(i)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
for whom the Division of Child and Family Services has been specifically 
ordered by the juvenile court to provide services because the individual was an 
abused, neglected, or dependent child or because the individual was 
adjudicated for an offense;
(ii)
(A)
who is at least 18 years old and younger than 25 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(b); or
(iii)
(A)
who is at least 18 years old and younger than 21 years old; and
(B)
whose case is under the jurisdiction of the juvenile court in accordance with 
Subsection 
78A-6-103
(1)(c).
(55)
"Mobile crisis outreach team" means the same as that term is defined in Section 
26B-5-101
.
(56)
"Molestation" means that an individual, with the intent to arouse or gratify the sexual 
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, 
or the breast of a female child, or takes indecent liberties with a child as defined in 
Section 
76-5-401.1
.
(57)
(a)
"Natural parent" means, except as provided in Section 
80-3-302
, a minor's 
biological or adoptive parent.
(b)
"Natural parent" includes the minor's noncustodial parent.
(58)
(a)
"Neglect" means action or inaction causing:
(i)
abandonment of a child, except as provided in Chapter 4, Part 5, Safe 
Relinquishment of a Newborn Child;
(ii)
lack of proper parental care of a child by reason of the fault or habits of the 
parent, guardian, or custodian;
(iii)
failure or refusal of a parent, guardian, or custodian to provide proper or 
necessary subsistence or medical care, or any other care necessary for the child's 
health, safety, morals, or well-being;
(iv)
a child to be at risk of being neglected or abused because another child in the 
same home is neglected or abused;
(v)
abandonment of a child through an unregulated child custody transfer under 
Section 
78B-24-203
; or
(vi)
educational neglect.
(b)
"Neglect" does not include:
(i)
a parent or guardian legitimately practicing religious beliefs and who, for that 
reason, does not provide specified medical treatment for a child;
(ii)
a health care decision made for a child by the child's parent or guardian, unless 
the state or other party to a proceeding shows, by clear and convincing evidence, 
that the health care decision is not reasonable and informed;
(iii)
a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv)
permitting a child, whose basic needs are met and who is of sufficient age and 
maturity to avoid harm or unreasonable risk of harm, to engage in independent 
activities, including:
(A)
traveling to and from school, including by walking, running, or bicycling;
(B)
traveling to and from nearby commercial or recreational facilities;
(C)
engaging in outdoor play;
(D)
remaining in a vehicle unattended, except under the conditions described in 
Subsection 
76-10-2202
(2);
(E)
remaining at home unattended; or
(F)
engaging in a similar independent activity.
(59)
"Neglected child" means a child who has been subjected to neglect.
(60)
"Nonjudicial adjustment" means closure of the case by the assigned juvenile probation 
officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the 
consent in writing of:
(a)
the assigned juvenile probation officer; and
(b)
(i)
the minor; or
(ii)
the minor and the minor's parent, guardian, or custodian.
(61)
"Not competent to proceed" means that a minor, due to a mental illness, intellectual 
disability or related condition, or developmental immaturity, lacks the ability to:
(a)
understand the nature of the proceedings against the minor or of the potential 
disposition for the offense charged; or
(b)
consult with counsel and participate in the proceedings against the minor with a 
reasonable degree of rational understanding.
(62)
"Parole" means a conditional release of a juvenile offender from residency in secure 
care to live outside of secure care under the supervision of the Division of Juvenile 
Justice and Youth Services, or another person designated by the Division of Juvenile 
Justice and Youth Services.
(63)
"Physical abuse" means abuse that results in physical injury or damage to a child.
(64)
(a)
"Probation" means a legal status created by court order, following an 
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the 
minor's home under prescribed conditions.
(b)
"Probation" includes intake probation or formal probation.
(65)
"Prosecuting attorney" means:
(a)
the attorney general and any assistant attorney general;
(b)
any district attorney or deputy district attorney;
(c)
any county attorney or assistant county attorney; and
(d)
any other attorney authorized to commence an action on behalf of the state.
(66)
"Protective custody" means the shelter of a child by the Division of Child and Family 
Services from the time the child is removed from the home until the earlier of:
(a)
the day on which the shelter hearing is held under Section 
80-3-301
; or
(b)
the day on which the child is returned home.
(67)
"Protective services" means expedited services that are provided:
(a)
in response to evidence of neglect, abuse, or dependency of a child;
(b)
to a cohabitant who is neglecting or abusing a child, in order to:
(i)
help the cohabitant develop recognition of the cohabitant's duty of care and of the 
causes of neglect or abuse; and
(ii)
strengthen the cohabitant's ability to provide safe and acceptable care; and
(c)
in cases where the child's welfare is endangered:
(i)
to bring the situation to the attention of the appropriate juvenile court and law 
enforcement agency;
(ii)
to cause a protective order to be issued for the protection of the child, when 
appropriate; and
(iii)
to protect the child from the circumstances that endanger the child's welfare 
including, when appropriate:
(A)
removal from the child's home;
(B)
placement in substitute care; and
(C)
petitioning the court for termination of parental rights.
(68)
"Protective supervision" means a legal status created by court order, following an 
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a)
the minor is permitted to remain in the minor's home; and
(b)
supervision and assistance to correct the abuse, neglect, or dependency is provided 
by an agency designated by the juvenile court.
(69)
(a)
"Related condition" means a condition that:
(i)
is found to be closely related to intellectual disability;
(ii)
results in impairment of general intellectual functioning or adaptive behavior 
similar to that of an intellectually disabled individual;
(iii)
is likely to continue indefinitely; and
(iv)
constitutes a substantial limitation to the individual's ability to function in society.
(b)
"Related condition" does not include mental illness, psychiatric impairment, or 
serious emotional or behavioral disturbance.
(70)
(a)
"Residual parental rights and duties" means the rights and duties remaining with 
a parent after legal custody or guardianship, or both, have been vested in another 
person or agency, including:
(i)
the responsibility for support;
(ii)
the right to consent to adoption;
(iii)
the right to determine the child's religious affiliation; and
(iv)
the right to reasonable parent-time unless restricted by the court.
(b)
If no guardian has been appointed, "residual parental rights and duties" includes the 
right to consent to:
(i)
marriage;
(ii)
enlistment; and
(iii)
major medical, surgical, or psychiatric treatment.
(71)
"Runaway" means a child, other than an emancipated child, who willfully leaves the 
home of the child's parent or guardian, or the lawfully prescribed residence of the child, 
without permission.
(72)
"Secure care" means placement of a minor, who is committed to the Division of 
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under 
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour 
supervision and confinement of the minor.
(73)
"Secure care facility" means a facility, established in accordance with Section 
80-5-503
, 
for juvenile offenders in secure care.
(74)
"Secure detention" means temporary care of a minor who requires secure custody in a 
physically restricting facility operated by, or under contract with, the Division of 
Juvenile Justice and Youth Services:
(a)
before disposition of an offense that is alleged to have been committed by the minor; 
or
(b)
under Section 
80-6-704
.
(75)
"Serious youth offender" means an individual who:
(a)
is at least 14 years old, but under 25 years old;
(b)
committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction 
of the juvenile court was extended over the individual's case until the individual was 
25 years old in accordance with Section 
80-6-605
; and
(c)
is committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
(76)
"Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
(77)
"Severe neglect" means neglect that causes or threatens to cause serious harm to a 
child.
(78)
(a)
"Severe type of child abuse or neglect" means, except as provided in Subsection 
(78)(b):
(i)
if committed by an individual who is 18 years old or older:
(A)
chronic abuse;
(B)
severe abuse;
(C)
sexual abuse;
(D)
sexual exploitation;
(E)
abandonment;
(F)
chronic neglect; or
(G)
severe neglect; or
(ii)
if committed by an individual who is under 18 years old:
(A)
causing serious 
physical
injury, as defined in Subsection 
76-5-109
(1), to 
another child that indicates a significant risk to other children; or
(B)
sexual behavior with or upon another child that indicates a significant risk to 
other children.
(b)
"Severe type of child abuse or neglect" does not include:
(i)
the use of reasonable and necessary physical restraint by an educator in 
accordance with Subsection 
53G-8-302
(2) or Section 
76-2-401
;
(ii)
an individual's conduct that is justified under Section 
76-2-401
 or constitutes the 
use of reasonable and necessary physical restraint or force in self-defense or 
otherwise appropriate to the circumstances to obtain possession of a weapon or 
other dangerous object in the possession or under the control of a child or to 
protect the child or another individual from physical injury; or
(iii)
a health care decision made for a child by a child's parent or guardian, unless, 
subject to Subsection (78)(c), the state or other party to the proceeding shows, by 
clear and convincing evidence, that the health care decision is not reasonable and 
informed.
(c)
Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the 
right to obtain a second health care opinion.
(79)
"Sexual abuse" means:
(a)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an 
adult directed towards a child;
(b)
an act or attempted act of sexual intercourse, sodomy, incest, or molestation 
committed by a child towards another child if:
(i)
there is an indication of force or coercion;
(ii)
the children are related, as described in Subsection (39), including siblings by 
marriage while the marriage exists or by adoption;
(iii)
there have been repeated incidents of sexual contact between the two children, 
unless the children are 14 years old or older; or
(iv)
there is a disparity in chronological age of four or more years between the two 
children;
(c)
engaging in any conduct with a child that would constitute an offense under any of 
the following, regardless of whether the individual who engages in the conduct is 
actually charged with, or convicted of, the offense:
(i)
Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the 
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii)
child bigamy, Section 
76-7-101.5
;
(iii)
incest, Section 
76-7-102
;
(iv)
lewdness, Section 
76-9-702
;
(v)
sexual battery, Section 
76-9-702.1
;
(vi)
lewdness involving a child, Section 
76-9-702.5
; or
(vii)
voyeurism, Section 
76-9-702.7
; or
(d)
subjecting a child to participate in or threatening to subject a child to participate in a 
sexual relationship, regardless of whether that sexual relationship is part of a legal or 
cultural marriage.
(80)
"Sexual exploitation" means knowingly:
(a)
employing, using, persuading, inducing, enticing, or coercing any child to:
(i)
pose in the nude for the purpose of sexual arousal of any individual; or
(ii)
engage in any sexual or simulated sexual conduct for the purpose of 
photographing, filming, recording, or displaying in any way the sexual or 
simulated sexual conduct;
(b)
displaying, distributing, possessing for the purpose of distribution, or selling material 
depicting a child:
(i)
in the nude, for the purpose of sexual arousal of any individual; or
(ii)
engaging in sexual or simulated sexual conduct; or
(c)
engaging in any conduct that would constitute an offense under Section 
76-5b-201
, 
sexual exploitation of a minor, or Section 
76-5b-201.1
, aggravated sexual 
exploitation of a minor, regardless of whether the individual who engages in the 
conduct is actually charged with, or convicted of, the offense.
(81)
"Shelter" means the temporary care of a child in a physically unrestricted facility 
pending a disposition or transfer to another jurisdiction.
(82)
"Shelter facility" means a nonsecure facility that provides shelter for a minor.
(83)
"Significant risk" means a risk of harm that is determined to be significant in 
accordance with risk assessment tools and rules established by the Division of Child and 
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that focus on:
(a)
age;
(b)
social factors;
(c)
emotional factors;
(d)
sexual factors;
(e)
intellectual factors;
(f)
family risk factors; and
(g)
other related considerations.
(84)
"Single criminal episode" means the same as that term is defined in Section 
76-1-401
.
(85)
"Status offense" means an offense that would not be an offense but for the age of the 
offender.
(86)
"Substance abuse" means, except as provided in Section 
80-2-603
, the misuse or 
excessive use of alcohol or other drugs or substances.
(87)
"Substantiated" or "substantiation" means a judicial finding based on a preponderance 
of the evidence, and separate consideration of each allegation made or identified in the 
case, that abuse, neglect, or dependency occurred .
(88)
"Substitute care" means:
(a)
the placement of a minor in a family home, group care facility, or other placement 
outside the minor's own home, either at the request of a parent or other responsible 
relative, or upon court order, when it is determined that continuation of care in the 
minor's own home would be contrary to the minor's welfare;
(b)
services provided for a minor in the protective custody of the Division of Child and 
Family Services, or a minor in the temporary custody or custody of the Division of 
Child and Family Services, as those terms are defined in Section 
80-2-102
; or
(c)
the licensing and supervision of a substitute care facility.
(89)
"Supported" means a finding by the Division of Child and Family Services based on 
the evidence available at the completion of an investigation, and separate consideration 
of each allegation made or identified during the investigation, that there is a reasonable 
basis to conclude that abuse, neglect, or dependency occurred.
(90)
"Termination of parental rights" means the permanent elimination of all parental rights 
and duties, including residual parental rights and duties, by court order.
(91)
"Therapist" means:
(a)
an individual employed by a state division or agency for the purpose of conducting 
psychological treatment and counseling of a minor in the division's or agency's 
custody; or
(b)
any other individual licensed or approved by the state for the purpose of conducting 
psychological treatment and counseling.
(92)
"Threatened harm" means actions, inactions, or credible verbal threats, indicating that 
the child is at an unreasonable risk of harm or neglect.
(93)
"Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
(a)
results in behavior that is beyond the control or ability of the child, or the parent or 
guardian, to manage effectively;
(b)
poses a threat to the safety or well-being of the child, the child's family, or others; or
(c)
results in the situations described in Subsections (93)(a) and (b).
(94)
"Unsubstantiated" means a judicial finding that there is insufficient evidence to 
conclude that abuse, neglect, or dependency occurred.
(95)
"Unsupported" means a finding by the Division of Child and Family Services at the 
completion of an investigation, after the day on which the Division of Child and Family 
Services concludes the alleged abuse, neglect, or dependency is not without merit, that 
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(96)
"Validated risk and needs assessment" means an evidence-based tool that assesses a 
minor's risk of reoffending and a minor's criminogenic needs.
(97)
"Without merit" means a finding at the completion of an investigation by the Division 
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or 
dependency did not occur, or that the alleged perpetrator was not responsible for the 
abuse, neglect, or dependency.
(98)
"Youth offender" means an individual who is:
(a)
at least 12 years old, but under 21 years old; and
(b)
committed by the juvenile court to the Division of Juvenile Justice and Youth 
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 19, Section 
81-9-202
 is amended to read:
81-9-202
. Advisory guidelines for a custody and parent-time arrangement.
(1)
In addition to the parent-time schedules provided in Sections 
81-9-302
 and 
81-9-304
, 
the following advisory guidelines are suggested to govern a custody and parent-time 
arrangement between parents.
(2)
A parent-time schedule mutually agreed upon by both parents is preferable to a 
court-imposed solution.
(3)
A parent-time schedule shall be used to maximize the continuity and stability of the 
minor child's life.
(4)
Each parent shall give special consideration to make the minor child available to attend 
family functions including funerals, weddings, family reunions, religious holidays, 
important ceremonies, and other significant events in the life of the minor child or in the 
life of either parent which may inadvertently conflict with the parent-time schedule.
(5)
(a)
The court shall determine the responsibility for the pick up, delivery, and return of 
the minor child when the parent-time order is entered.
(b)
The court may change the responsibility described in Subsection (5)(a) at any time a 
subsequent modification is made to the parent-time order.
(c)
If the noncustodial parent will be providing transportation, the custodial parent shall:
(i)
have the minor child ready for parent-time at the time the minor child is to be 
picked up ; and
(ii)
be present at the custodial home or make reasonable alternate arrangements to 
receive the minor child at the time the minor child is returned.
(d)
If the custodial parent will be transporting the minor child, the noncustodial parent 
shall:
(i)
be at the appointed place at the time the noncustodial parent is to receive the 
minor child; and
(ii)
have the minor child ready to be picked up at the appointed time and place or 
have made reasonable alternate arrangements for the custodial parent to pick up 
the minor child.
(6)
A parent may not interrupt regular school hours for a school-age minor child for the 
exercise of parent-time.
(7)
The court may:
(a)
make alterations in the parent-time schedule to reasonably accommodate the work 
schedule of both parents; and
(b)
increase the parent-time allowed to the noncustodial parent but may not diminish the 
standardized parent-time provided in Sections 
81-9-302
 and 
81-9-304
.
(8)
The court may make alterations in the parent-time schedule to reasonably accommodate 
the distance between the parties and the expense of exercising parent-time.
(9)
A parent may not withhold parent-time or child support due to the other parent's failure 
to comply with a court-ordered parent-time schedule.
(10)
(a)
The custodial parent shall notify the noncustodial parent within 24 hours of 
receiving notice of all significant school, social, sports, and community functions in 
which the minor child is participating or being honored.
(b)
The noncustodial parent is entitled to attend and participate fully in the functions 
described in Subsection (10)(a).
(c)
The noncustodial parent shall have access directly to all school reports including 
preschool and daycare reports and medical records.
(d)
A parent shall immediately notify the other parent in the event of a medical 
emergency.
(11)
Each parent shall provide the other with the parent's current address and telephone 
number, email address, and other virtual parent-time access information within 24 hours 
of any change.
(12)
(a)
Each parent shall permit and encourage, during reasonable hours, reasonable and 
uncensored communications with the minor child, in the form of mail privileges and 
virtual parent-time if the equipment is reasonably available.
(b)
If the parents cannot agree on whether the equipment is reasonably available, the 
court shall decide whether the equipment for virtual parent-time is reasonably 
availableby
available by
 taking into consideration:
(i)
the best interests of the minor child;
(ii)
each parent's ability to handle any additional expenses for virtual parent-time; and
(iii)
any other factors the court considers material.
(13)
(a)
Parental care is presumed to be better care for the minor child than surrogate care.
(b)
The court shall encourage the parties to cooperate in allowing the noncustodial 
parent, if willing and able to transport the minor child, to provide the child care. 
(c)
 Child care arrangements existing during the marriage are preferred as are child care 
arrangements with nominal or no charge.
(14)
Each parent shall:
(a)
provide all surrogate care providers with the name, current address, and telephone 
number of the other parent; and
(b)
provide the noncustodial parent with the name, current address, and telephone 
number of all surrogate care providers unless the court for good cause orders 
otherwise.
(15)
(a)
Each parent is entitled to an equal division of major religious holidays celebrated 
by the parents.
(b)
The parent who celebrates a religious holiday that the other parent does not celebrate 
shall have the right to be together with the minor child on the religious holiday.
(16)
If the minor child is on a different parent-time schedule than a sibling, based on 
Sections 
81-9-302
 and 
81-9-304
, the parents should consider if an upward deviation for 
parent-time with all the minor children so that parent-time is uniform between school 
aged and nonschool aged children, is appropriate.
(17)
(a)
When one or both parents are servicemembers or contemplating joining a 
uniformed service, the parents should resolve issues of custodial responsibility in the 
event of deployment as soon as practicable through reaching a voluntary agreement 
pursuant to Section 
78B-20-201
 or through court order obtained pursuant to this part. 
(b)
 Service members shall ensure their family care plan reflects orders and agreements 
entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents 
Custody, Parent-time, and Visitation Act.
(18)
A parent shall immediately notify the other parent if:
(a)
the parent resides with an individual or provides an individual with access to the 
minor child; and
(b)
the parent knows that the individual:
(i)
is required to register as a sex offender or a kidnap offender for an offense against 
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-109.4
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(18)(b)(iii)(A) through (D).
(19)
(a)
For emergency purposes, whenever the minor child travels with a parent, the 
parent shall provide the following information to the other parent:
(i)
an itinerary of travel dates;
(ii)
destinations;
(iii)
places where the minor child or traveling parent can be reached; and
(iv)
the name and telephone number of an available third person who would be 
knowledgeable of the minor child's location.
(b)
Unchaperoned travel of a minor child under the age of five years is not 
recommended.
Section 20, Section 
81-9-207
 is amended to read:
81-9-207
. Supervised parent-time.
(1)
If it is necessary to protect a minor child and there is no less restrictive means 
reasonably available, and in accordance with Section 
81-9-104
, a court may order 
supervised parent-time if the court finds evidence that the minor child would be subject 
to physical or emotional harm or child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-109.4
, 
76-5-114
, and 
80-1-102
, from the noncustodial 
parent if left unsupervised with the noncustodial parent.
(2)
If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a 
child, and orders supervised parent-time, the court shall give preference to supervision 
by a professional individual or private agency trained in child abuse reporting laws, the 
developmental needs of a child, and the dynamics of domestic violence, child abuse, 
sexual abuse, and substance abuse. 
(3)
If a professional individual or private agency described in Subsection 
(2)
 is not 
available, affordable, or practicable under the circumstances, a court shall give 
preference to supervision by an individual who is:
(a)
capable and willing to provide physical and psychological safety and security to the 
minor child, and to assist in the avoidance and prevention of domestic and family 
violence; and
(b)
is trained in child abuse reporting laws, the developmental needs of a child, and the 
dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
(4)
 If an individual described in Subsection (2) or (3) is not available, affordable, or 
practicable under the circumstances, or if the court does not find evidence of domestic 
violence, child abuse, or an ongoing risk to a minor child, a court may order supervised 
parent-time that is supervised by an individual who is willing to supervise, and is 
capable of protecting the minor child from physical or emotional harm, or child abuse, 
and the court shall give preference to individuals suggested by the parties, including 
relatives.
(5)
At the time supervised parent-time is imposed, the court shall consider:
(a)
whether the cost of professional or agency services is likely to prevent the 
noncustodial parent from exercising parent-time; and
(b)
whether the requirement for supervised parent-time should expire after a set period 
of time.
(6)
(a)
Except when the court makes a finding that, due to abuse by or the incapacity of 
the noncustodial parent, supervised parent-time will be necessary indefinitely to 
ensure the physical or psychological safety and protection of the minor child, the 
court shall, in its order for supervised parent-time, provide specific goals and 
expectations for the noncustodial parent to accomplish before unsupervised 
parent-time may be granted. 
(b)
The court shall schedule one or more follow-up hearings to revisit the issue of 
supervised parent-time.
(7)
A noncustodial parent may, at any time, petition the court to modify the order for 
supervised parent-time if the noncustodial parent can demonstrate that the specific goals 
and expectations set by the court as described in Subsection 
(6)
 have been accomplished.
Section 21, Section 
81-9-208
 is amended to read:
81-9-208
. Modification or termination of a custody or parent-time order -- 
Noncompliance with a parent-time order.
(1)
The court has continuing jurisdiction to make subsequent changes to modify:
(a)
custody of a minor child if there is a showing of a substantial and material change in 
circumstances since the entry of the order; and
(b)
parent-time for a minor child if there is a showing that there is a change in 
circumstances since the entry of the order.
(2)
A substantial and material change in circumstances under Subsection (1)(a) includes a 
showing by a parent that the other parent:
(a)
resides with an individual or provides an individual with access to the minor child; 
and
(b)
knows that the individual:
(i)
is required to register as a sex offender or a kidnap offender for an offense against 
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-109.4
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(2)(b)(iii)(A) through (D).
(3)
On the petition of one or both of the parents, or the joint legal or physical custodians if 
they are not the parents, the court may, after a hearing, modify or terminate an order that 
established joint legal custody or joint physical custody if:
(a)
the verified petition or accompanying affidavit initially alleges that admissible 
evidence will show that there has been a substantial and material change in the 
circumstances of the minor child or one or both parents or joint legal or physical 
custodians since the entry of the order to be modified;
(b)
a modification of the terms and conditions of the order would be an improvement for 
and in the best interest of the minor child; and
(c)
(i)
both parents have complied in good faith with the dispute resolution procedure 
in accordance with Subsection 
81-9-205
(8); or
(ii)
if no dispute resolution procedure is contained in the order that established joint 
legal custody or joint physical custody, the court orders the parents to participate 
in a dispute resolution procedure in accordance with Subsection 
81-9-205
(13) 
unless the parents certify that, in good faith, they have used a dispute resolution 
procedure to resolve their dispute.
(4)
(a)
In determining whether the best interest of a minor child will be served by either 
modifying or terminating the joint legal custody or joint physical custody order, the 
court shall, in addition to other factors the court considers relevant, consider the 
factors described in Sections 
81-9-204
 and 
81-9-205
.
(b)
A court order modifying or terminating an existing joint legal custody or joint 
physical custody order shall contain written findings that:
(i)
a substantial and material change of circumstance has occurred; and
(ii)
a modification of the terms and conditions of the order would be an improvement 
for and in the best interest of the minor child.
(c)
The court shall give substantial weight to the existing joint legal custody or joint 
physical custody order when the minor child is thriving, happy, and well-adjusted.
(5)
The court shall, in every case regarding a petition for termination of a joint legal 
custody or joint physical custody order, consider reasonable alternatives to preserve the 
existing order in accordance with Section 
81-9-204
. 
(6)
The court may modify the terms and conditions of the existing order in accordance with 
this chapter and may order the parents to file a parenting plan in accordance with 
Section 
81-9-203
.
(7)
A parent requesting a modification from sole custody to joint legal custody or joint 
physical custody or both, or any other type of shared parenting arrangement, shall file 
and serve a proposed parenting plan with the petition to modify in accordance with 
Section 
81-9-203
.
(8)
If an issue before the court involves custodial responsibility in the event of deployment 
of one or both parents who are service members, and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
.
(9)
If the court finds that an action to modify custody or parent-time is filed or answered 
frivolously and, in a manner, designed to harass the other party, the court shall assess 
attorney fees as costs against the offending party.
(10)
If a petition to modify custody or parent-time provisions of a court order is made and 
denied, the court shall order the petitioner to pay the reasonable attorney fees expended 
by the prevailing party in that action if the court determines that the petition was without 
merit and not asserted or defended against in good faith.
(11)
If a motion or petition alleges noncompliance with a parent-time order by a parent, or a 
visitation order by a grandparent or other member of the immediate family where a 
visitation or parent-time right has been previously granted by the court, the court:
(a)
may award to the prevailing party:
(i)
actual attorney fees incurred;
(ii)
the costs incurred by the prevailing party because of the other party's failure to 
provide or exercise court-ordered visitation or parent-time, including:
(A)
court costs;
(B)
child care expenses;
(C)
transportation expenses actually incurred;
(D)
lost wages, if ascertainable; or
(E)
counseling for a parent or a minor child if ordered or approved by the court; or
(iii)
any other appropriate equitable remedy; and
(b)
shall award reasonable make-up parent-time to the prevailing party, unless make-up 
parent-time is not in the best interest of the minor child.
Section 22, Section 
81-9-402
 is amended to read:
81-9-402
. Custody and visitation for individuals other than a parent -- Venue.
(1)
(a)
In accordance with Section 
80-2a-201
, it is the public policy of this state that a 
parent retain the fundamental right and duty to exercise primary control over the care, 
supervision, upbringing, and education of a minor child of the parent.
(b)
There is a rebuttable presumption that a parent's decisions are in the minor child's 
best interests.
(2)
A court may find the presumption in Subsection (1) rebutted and grant custodial or 
visitation rights to an individual other than a parent who, by clear and convincing 
evidence, establishes that:
(a)
the individual has intentionally assumed the role and obligations of a parent;
(b)
the individual and the minor child have formed a substantial emotional bond and 
created a parent-child type relationship;
(c)
the individual substantially contributed emotionally or financially to the minor child's 
well being;
(d)
the assumption of the parental role is not the result of a financially compensated 
surrogate care arrangement;
(e)
the continuation of the relationship between the individual and the minor child is in 
the minor child's best interest;
(f)
the loss or cessation of the relationship between the individual and the minor child 
would substantially harm the minor child; and
(g)
the parent:
(i)
is absent; or
(ii)
is found by a court to have abused or neglected the minor child.
(3)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 
78A-6-350
, 
an individual shall file a verified petition, or a petition supported by an affidavit, for 
custodial or visitation rights to the minor child in the juvenile court if a matter is pending 
in the juvenile court, or in the district court in the county where the minor child:
(a)
currently resides; or
(b)
lived with a parent or an individual other than a parent who acted as a parent within 
six months before the commencement of the action.
(4)
An individual may file a petition under this section in a pending divorce, parentage 
action, or other proceeding, including a proceeding in the juvenile court involving 
custody of or visitation with a minor child.
(5)
The petition shall include detailed facts supporting the petitioner's right to file the 
petition including the criteria set forth in Subsection (2) and residency information 
described in Section 
78B-13-209
.
(6)
An individual may not file a petition under this section against a parent who is actively 
serving outside the state in any branch of the military.
(7)
Notice of a petition filed pursuant to this chapter shall be served in accordance with the 
Utah Rules of Civil Procedure on all of the following:
(a)
the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
(b)
any individual who has court-ordered custody or visitation rights;
(c)
the minor child's guardian;
(d)
the guardian ad litem, if one has been appointed;
(e)
an individual or agency that has physical custody of the minor child or that claims to 
have custody or visitation rights; and
(f)
any other individual or agency that has previously appeared in any action regarding 
custody of or visitation with the minor child.
(8)
The court may order a custody evaluation to be conducted in any proceeding brought 
under this section.
(9)
The court may enter temporary orders in a proceeding brought under this section 
pending the entry of final orders.
(10)
Except as provided in Subsection (11), a court may not grant custody of a minor child 
under this section to an individual:
(a)
who is not the parent of the minor child; and
(b)
who, before a custody order is issued, is convicted, pleads guilty, or pleads no 
contest to a felony or attempted felony involving conduct that constitutes any of the 
following:
(i)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-109.4
, 
and 
76-5-114
;
(ii)
child abuse homicide, as described in Section 
76-5-208
;
(iii)
child kidnapping, as described in Section 
76-5-301.1
;
(iv)
human trafficking of a child, as described in Section 
76-5-308.5
;
(v)
sexual abuse of a minor, as described in Section 
76-5-401.1
;
(vi)
rape of a child, as described in Section 
76-5-402.1
;
(vii)
object rape of a child, as described in Section 
76-5-402.3
;
(viii)
sodomy on a child, as described in Section 
76-5-403.1
;
(ix)
sexual abuse of a child, as described in Section 
76-5-404.1
, or aggravated sexual 
abuse of a child, as described in Section 
76-5-404.3
;
(x)
sexual exploitation of a minor, as described in Section 
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor, as described in Section 
76-5b-201.1
; or
(xii)
an offense in another state that, if committed in this state, would constitute an 
offense described in this Subsection (10).
(11)
(a)
As used in this Subsection (11), "disqualifying offense" means an offense listed 
in Subsection (10) that prevents a court from granting custody except as provided in 
this Subsection (11).
(b)
An individual described in Subsection (10) may only be considered for custody of a 
minor child if the following criteria are met by clear and convincing evidence:
(i)
the individual is a relative, as defined in Section 
80-3-102
, of the minor child;
(ii)
at least 10 years have elapsed from the day on which the individual is 
successfully released from prison, jail, parole, or probation related to a 
disqualifying offense;
(iii)
during the 10 years before the day on which the individual files a petition with 
the court seeking custody the individual has not been convicted, plead guilty, or 
plead no contest to an offense greater than an infraction or traffic violation that 
would likely impact the health, safety, or well-being of the minor child;
(iv)
the individual can provide evidence of successful treatment or rehabilitation 
directly related to the disqualifying offense;
(v)
the court determines that the risk related to the disqualifying offense is unlikely to 
cause harm, as defined in Section 
80-1-102
, or potential harm to the minor child 
currently or at any time in the future when considering all of the following:
(A)
the minor child's age;
(B)
the minor child's gender;
(C)
the minor child's development;
(D)
the nature and seriousness of the disqualifying offense;
(E)
the preferences of a minor child who is 12 years old or older;
(F)
any available assessments, including custody evaluations, parenting 
assessments, psychological or mental health assessments, and bonding 
assessments; and
(G)
any other relevant information;
(vi)
the individual can provide evidence of the following:
(A)
the relationship with the minor child is of long duration;
(B)
that an emotional bond exists with the minor child; and
(C)
that custody by the individual who has committed the disqualifying offense 
ensures the best interests of the minor child are met;
(vii)
(A)
there is no other responsible relative known to the court who has or likely 
could develop an emotional bond with the minor child and does not have a 
disqualifying offense; or
(B)
if there is a responsible relative known to the court that does not have a 
disqualifying offense, Subsection (11)(d) applies; and
(viii)
that the continuation of the relationship between the individual with the 
disqualifying offense and the minor child could not be sufficiently maintained 
through any type of visitation if custody were given to the relative with no 
disqualifying offense described in Subsection (11)(d).
(c)
The individual with the disqualifying offense bears the burden of proof regarding 
why placement with that individual is in the best interest of the minor child over 
another responsible relative or equally situated individual who does not have a 
disqualifying offense.
(d)
If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to 
the court who does not have a disqualifying offense:
(i)
preference for custody is given to a relative who does not have a disqualifying 
offense; and
(ii)
before the court may place custody with the individual who has the disqualifying 
offense over another responsible, willing, and able relative:
(A)
an impartial custody evaluation shall be completed; and
(B)
a guardian ad litem shall be assigned.
(12)
Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final 
decision on custody has not been made and to a case filed on or after March 25, 2017.
Section 23. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 24. 
Coordinating S.B. 24 with H.B. 78.
If S.B. 24, Child Abuse and Torture Amendments, and H.B. 78, Criminal Offenses 
Amendments, both pass and become law, the Legislature intends that, on May 7, 2025, the 
following language be inserted as Subsection 
76-3-406(2)(b)
 in H.B. 78 and that the existing 
subsections in Subsection 
76-3-406(2)
 in H.B. 78 be renumbered accordingly:
"(b) child torture as described in Section 
76-5-109.4
;".
Section 25. 
Coordinating S.B. 24 with S.B. 41 if H.B. 21 does not pass and become law.
If S.B. 24, Child Abuse and Torture Amendments, and S.B. 41, Sex, Kidnap, and 
Child Abuse Offender Registry Amendments, both pass and become law, and H.B. 21, 
Criminal Code Recodification and Cross References, does not pass and become law, the 
Legislature intends that, on May 7, 2025:
(1) Section 
53-29-202
, enacted in S.B. 41, be amended to read:
"(1) An individual is an offender described in Subsection (2) and subject to the 
requirements, restrictions, and penalties described in this chapter if the individual:
(a) has been convicted in this state of:
(i) aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(ii) child torture under Section 
76-5-109.4
;
(iii) a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
;
(iv) sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(v) human trafficking for sexual exploitation under Section 
76-5-308.1
;
(vi) human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
;
(vii) aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(ix) unlawful sexual activity with a minor under Section 
76-5-401
, except as 
provided in Subsection 
76-5-401(3)(b)
 or (c);
(x) sexual abuse of a minor under Section 
76-5-401.1
, on the individual's first 
offense unless the individual was younger than 21 years old at the time of the offense then on 
the individual's second offense;
(xi) unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xii) rape under Section 
76-5-402
;
(xiii) rape of a child under Section 
76-5-402.1
;
(xiv) object rape under Section 
76-5-402.2
;
(xv) object rape of a child under Section 
76-5-402.3
;
(xvi) a felony violation of forcible sodomy under Section 
76-5-403
;
(xvii) sodomy on a child under Section 
76-5-403.1
;
(xviii) forcible sexual abuse under Section 
76-5-404
;
(xix) sexual abuse of a child under Section 
76-5-404.1
;
(xx) aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xxi) aggravated sexual assault under Section 
76-5-405
;
(xxii) custodial sexual relations under Section 
76-5-412
, if the victim in custody is 
younger than 18 years old and the offense is committed on or after May 10, 2011;
(xxiii) sexual exploitation of a minor under Section 
76-5b-201
;
(xxiv) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xxv) sexual extortion or aggravated sexual extortion under Section 
76-5b-204
;
(xxvi) incest under Section 
76-7-102
;
(xxvii) lewdness under Section 
76-9-702
, if the individual has been convicted of 
the offense four or more times;
(xxviii) sexual battery under Section 
76-9-702.1
, if the individual has been 
convicted of the offense four or more times;
(xxix) 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;
(xxx) lewdness involving a child under Section 
76-9-702.5
;
(xxxi) a felony or class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(xxxii) aggravated exploitation of prostitution under Section 
76-10-1306
;
(xxxiii) kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was 
not the natural parent of the child victim;
(xxxiv) child kidnapping under Section 
76-5-301.1
, if the offender was not the 
natural parent of the child victim;
(xxxv) aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(xxxvi) human trafficking for labor under Section 
76-5-308
, if the offender was 
not the natural parent of the child victim;
(xxxvii) human smuggling under Section 
76-5-308.3
, if the offender was not the 
natural parent of the child victim;
(xxxviii) human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, 
if the offender was not the natural parent of the child victim;
(xxxix) aggravated human trafficking for labor under Section 
76-5-310
, if the 
offender was not the natural parent of the child victim;
(xl) aggravated human smuggling under Section 
76-5-310.1
, if the offender was 
not the natural parent of the child victim;
(xli) human trafficking of a vulnerable adult for labor under Section 
76-5-311
, if 
the offender was not the natural parent of the child victim; or
(xlii) attempting, soliciting, or conspiring to commit a felony violation of an 
offense listed in Subsections (1)(a)(i) through (xli);
(b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy 
to commit a criminal offense in an external jurisdiction that is substantially equivalent to the 
offense listed in Subsection (1)(a); and
(ii)(A) is a Utah resident; or
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month 
period, regardless of whether the individual intends to permanently reside in this state;
(c)(i)(A) is required to register on a registry in an external jurisdiction for individuals 
who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;
(B) is ordered by a court to register on a registry for individuals who have committed 
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
(C) would be required to register on a registry in an external jurisdiction for 
individuals who have committed an offense listed in Subsection (1)(a), or a substantially 
equivalent offense, if residing in the external jurisdiction of the conviction regardless of the 
date of the conviction or a previous registration requirement; and
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether 
the individual intends to permanently reside in this state;
(d)(i)(A) is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially 
equivalent offense in an external jurisdiction; or
(B) is required to register on a sex, kidnap, and child abuse registry, or an equivalent 
registry, 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) is found not guilty by reason of insanity in this state or in an external jurisdiction of 
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
(f)(i) is adjudicated under Section 
80-6-701
 for one or more offenses listed in Subsection 
(1)(a); and
(ii) 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) Subject to Subsection (3), an individual is:
(a) a child abuse offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(i) through (ii); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(i) through (ii) or a substantially equivalent offense;
(b) a sex offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(iii) through (xxxii); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(iii) through (xxxii) or a substantially equivalent offense; or
(c) a kidnap offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(xxxiii) through (xli); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent offense.
(3) An individual who has committed a registrable offense described in Subsection 
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense 
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse 
registry, or an equivalent registry, in the individual's state of residence is a child abuse 
offender, sex offender, or kidnap offender based on the individual's status on the registry in the 
individual's state of residence.
(4) Notwithstanding Subsection 
53-29-101(2)(a)
, a plea of guilty or nolo contendere to a 
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, Pleas 
in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.";
(2) Subsection 
53-29-203(1)(a)
, enacted in S.B. 41, be amended to read:
"(a) 10 years after the day on which the offender's sentence for the offense has been 
terminated if the registrable offense is for:
(i) a felony or class A misdemeanor 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 (1)(a)(ii) through (xxiv);
(ii) aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(iii) child torture under Section 
76-5-109.4
;
(iv) kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was not the 
natural parent of the child victim;
(v) human trafficking for labor under Section 
76-5-308
, if the offender was not the 
natural parent of the child victim;
(vi) human smuggling under Section 
76-5-308.3
, if the offender was not the natural 
parent of the child victim;
(vii) human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, if the 
offender was not the natural parent of the child victim;
(viii) aggravated human trafficking for labor under Section 
76-5-310
, if the offender 
was not the natural parent of the child victim;
(ix) aggravated human smuggling under Section 
76-5-310.1
;
(x) human trafficking of a vulnerable adult for labor under Section 
76-5-311
;
(xi) a felony violation of unlawful sexual activity with a minor under Section 
76-5-401
;
(xii) sexual abuse of a minor under Section 
76-5-401.1
;
(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xiv) forcible sexual abuse under Section 
76-5-404
;
(xv) custodial sexual relations under Section 
76-5-412
;
(xvi) sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(xvii) sexual extortion under Subsection 
76-5b-204(2)(a)
;
(xviii) incest under Section 
76-7-102
;
(xix) four to seven convictions of lewdness under Section 
76-9-702
;
(xx) four to seven convictions of sexual battery under Section 
76-9-702.1
;
(xxi) any combination of convictions of lewdness under Section 
76-9-702
, and of 
sexual battery under Section 
76-9-702.1
, that total four to seven convictions;
(xxii) lewdness involving a child under Section 
76-9-702.5
;
(xxiii) a felony or class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(xxiv) aggravated exploitation of prostitution under Section 
76-10-1306
, committed 
on or before May 9, 2011;
(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections 
(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or
(xxvi) attempting, soliciting, or conspiring to commit:
(A) aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(B) human trafficking for sexual exploitation under Section 
76-5-308.1
, if the 
offender was not the natural parent of the child victim;
(C) human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(D) aggravated human trafficking for sexual exploitation under Section 
76-5-310
, 
if the offender was not the natural parent of the child victim;
(E) human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
, if the offender was not the natural parent of the child victim;
(F) forcible sodomy under Section 
76-5-403
;
(G) sexual abuse of a child under Section 
76-5-404.1
;
(H) sexual exploitation of a minor under Section 
76-5b-201
;
(I) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(J) aggravated sexual extortion under Subsection 
76-5b-204(2)(b)
; or
(K) aggravated exploitation of prostitution under Section 
76-10-1306
, on or after 
May 10, 2011; or"; and
(3) the following language be inserted as Subsection 
53-29-205(3)(c)
 in S.B. 41 and the 
existing subsections in Subsection 
53-29-205(3)
 in S.B. 41 be renumbered accordingly:
"(c) child torture under Section 
76-5-109.4
;".
Section 26. 
Coordinating S.B. 24 with H.B. 21 and S.B. 41, if all pass and become law.
If S.B. 24, Child Abuse and Torture Amendments, S.B. 41, Sex, Kidnap, and Child 
Abuse Offender Registry Amendments, and H.B. 21, Criminal Code Recodification and Cross 
References, all pass and become law, the Legislature intends that, on May 7, 2025:
(1) Section 
53-29-202
, enacted in S.B. 41, be amended to read:
"(1) An individual is an offender described in Subsection (2) and subject to the 
requirements, restrictions, and penalties described in this chapter if the individual:
(a) has been convicted in this state of:
(i) aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(ii) child torture under Section 
76-5-109.4
;
(iii) a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
;
(iv) sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(v) human trafficking for sexual exploitation under Section 
76-5-308.1
;
(vi) human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
;
(vii) aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(ix) unlawful sexual activity with a minor under Section 
76-5-401
, except as provided 
in Subsection 
76-5-401(3)(b)
 or (c);
(x) sexual abuse of a minor under Section 
76-5-401.1
, on the individual's first offense 
unless the individual was younger than 21 years old at the time of the offense then on the 
individual's second offense;
(xi) unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xii) rape under Section 
76-5-402
;
(xiii) rape of a child under Section 
76-5-402.1
;
(xiv) object rape under Section 
76-5-402.2
;
(xv) object rape of a child under Section 
76-5-402.3
;
(xvi) a felony violation of forcible sodomy under Section 
76-5-403
;
(xvii) sodomy on a child under Section 
76-5-403.1
;
(xviii) forcible sexual abuse under Section 
76-5-404
;
(xix) sexual abuse of a child under Section 
76-5-404.1
;
(xx) aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xxi) aggravated sexual assault under Section 
76-5-405
;
(xxii) custodial sexual relations under Section 
76-5-412
, if the victim in custody is 
younger than 18 years old and the offense is committed on or after May 10, 2011;
(xxiii) sexual exploitation of a minor under Section 
76-5b-201
;
(xxiv) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xxv) sexual extortion or aggravated sexual extortion under Section 
76-5b-204
;
(xxvi) incest under Section 
76-7-102
;
(xxvii) lewdness under Section 
76-9-702
, if the individual has been convicted of the 
offense four or more times;
(xxviii) sexual battery under Section 
76-9-702.1
, if the individual has been convicted 
of the offense four or more times;
(xxix) 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;
(xxx) lewdness involving a child under Section 
76-9-702.5
;
(xxxi) a felony or class A misdemeanor violation of:
(A) voyeurism under Section 
76-12-306
;
(B) recorded or photographed voyeurism under Section 
76-12-307
; or
(C) distribution of images obtained through voyeurism under Section 
76-12-308
;
(xxxii) aggravated exploitation of prostitution under Section 
76-10-1306
;
(xxxiii) kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was not 
the natural parent of the child victim;
(xxxiv) child kidnapping under Section 
76-5-301.1
, if the offender was not the 
natural parent of the child victim;
(xxxv) aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(xxxvi) human trafficking for labor under Section 
76-5-308
, if the offender was not 
the natural parent of the child victim;
(xxxvii) human smuggling under Section 
76-5-308.3
, if the offender was not the 
natural parent of the child victim;
(xxxviii) human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, if 
the offender was not the natural parent of the child victim;
(xxxix) aggravated human trafficking for labor under Section 
76-5-310
, if the 
offender was not the natural parent of the child victim;
(xl) aggravated human smuggling under Section 
76-5-310.1
, if the offender was not 
the natural parent of the child victim;
(xli) human trafficking of a vulnerable adult for labor under Section 
76-5-311
, if the 
offender was not the natural parent of the child victim; or
(xlii) attempting, soliciting, or conspiring to commit a felony violation of an offense 
listed in Subsections (1)(a)(i) through (xli);
(b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to 
commit a criminal offense in an external jurisdiction that is substantially equivalent to the 
offense listed in Subsection (1)(a); and
(ii)(A) is a Utah resident; or
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month 
period, regardless of whether the individual intends to permanently reside in this state;
(c)(i)(A) is required to register on a registry in an external jurisdiction for individuals who 
have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;
(B) is ordered by a court to register on a registry for individuals who have committed 
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
(C) would be required to register on a registry in an external jurisdiction for 
individuals who have committed an offense listed in Subsection (1)(a), or a substantially 
equivalent offense, if residing in the external jurisdiction of the conviction regardless of the 
date of the conviction or a previous registration requirement; and
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether the 
individual intends to permanently reside in this state;
(d)(i)(A) is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent 
offense in an external jurisdiction; or
(B) is required to register on a sex, kidnap, and child abuse registry, or an equivalent 
registry, 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) is found not guilty by reason of insanity in this state or in an external jurisdiction of an 
offense listed in Subsection (1)(a) or a substantially equivalent offense; or
(f)(i) is adjudicated under Section 
80-6-701
 for one or more offenses listed in Subsection 
(1)(a); and
(ii) 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) Subject to Subsection (3), an individual is:
(a) a child abuse offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(i) through (ii); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(i) through (ii) or a substantially equivalent offense;
(b) a sex offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(iii) through (xxxii); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(iii) through (xxxii) or a substantially equivalent offense; or
(c) a kidnap offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(xxxiii) through (xli); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent offense.
(3) An individual who has committed a registrable offense described in Subsection 
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense 
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse 
registry, or an equivalent registry, in the individual's state of residence is a child abuse 
offender, sex offender, or kidnap offender based on the individual's status on the registry in the 
individual's state of residence.
(4) Notwithstanding Subsection 
53-29-101(2)(a)
, a plea of guilty or nolo contendere to a 
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, Pleas 
in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or 
dismissed in accordance with the plea in abeyance agreement.";
(2) Subsection 
53-29-203(1)(a)
, enacted in S.B. 41, be amended to read:
"(a) 10 years after the day on which the offender's sentence for the offense has been 
terminated if the registrable offense is for:
(i) a felony or class A misdemeanor 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 (1)(a)(ii) through (xxiv);
(ii) aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(iii) child torture under Section 
76-5-109.4
;
(iv) kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was not the 
natural parent of the child victim;
(v) human trafficking for labor under Section 
76-5-308
, if the offender was not the 
natural parent of the child victim;
(vi) human smuggling under Section 
76-5-308.3
, if the offender was not the natural 
parent of the child victim;
(vii) human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, if the 
offender was not the natural parent of the child victim;
(viii) aggravated human trafficking for labor under Section 
76-5-310
, if the offender 
was not the natural parent of the child victim;
(ix) aggravated human smuggling under Section 
76-5-310.1
;
(x) human trafficking of a vulnerable adult for labor under Section 
76-5-311
;
(xi) a felony violation of unlawful sexual activity with a minor under Section 
76-5-401
;
(xii) sexual abuse of a minor under Section 
76-5-401.1
;
(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xiv) forcible sexual abuse under Section 
76-5-404
;
(xv) custodial sexual relations under Section 
76-5-412
;
(xvi) sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(xvii) sexual extortion under Subsection 
76-5b-204(2)(a)
;
(xviii) incest under Section 
76-7-102
;
(xix) four to seven convictions of lewdness under Section 
76-9-702
;
(xx) four to seven convictions of sexual battery under Section 
76-9-702.1
;
(xxi) any combination of convictions of lewdness under Section 
76-9-702
, and of 
sexual battery under Section 
76-9-702.1
, that total four to seven convictions;
(xxii) lewdness involving a child under Section 
76-9-702.5
;
(xxiii) a felony or class A misdemeanor violation of:
(A) voyeurism under Section 
76-12-306
;
(B) recorded or photographed voyeurism under Section 
76-12-307
; or
(C) distribution of images obtained through voyeurism under Section 
76-12-308
;
(xxiv) aggravated exploitation of prostitution under Section 
76-10-1306
, committed 
on or before May 9, 2011;
(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections 
(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or
(xxvi) attempting, soliciting, or conspiring to commit:
(A) aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(B) human trafficking for sexual exploitation under Section 
76-5-308.1
, if the 
offender was not the natural parent of the child victim;
(C) human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(D) aggravated human trafficking for sexual exploitation under Section 
76-5-310
, 
if the offender was not the natural parent of the child victim;
(E) human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
, if the offender was not the natural parent of the child victim;
(F) forcible sodomy under Section 
76-5-403
;
(G) sexual abuse of a child under Section 
76-5-404.1
;
(H) sexual exploitation of a minor under Section 
76-5b-201
;
(I) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(J) aggravated sexual extortion under Subsection 
76-5b-204(2)(b)
; or
(K) aggravated exploitation of prostitution under Section 
76-10-1306
, on or after 
May 10, 2011; or";
(3) the following language be inserted as Subsection 
53-29-205(3)(c)
 in S.B. 41 and the 
existing subsections in Subsection 
53-29-205(3)
 in S.B. 41 be renumbered accordingly:
"(c) child torture under Section 
76-5-109.4
;"; and
(4) Subsection 
53-29-205(3)(u)
, enacted in S.B. 41, be amended to read:
"(u) a felony violation of:
(i) recorded or photographed voyeurism under Section 
76-12-307
; or
(ii) distribution of images obtained through voyeurism under Section 76-12-308;".
3-13-25 12:25 PM