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H.B. 60
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SEXUAL OFFENSE AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Brent H. Goodfellow
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AN ACT RELATING TO CRIMINAL LAW; AMENDING ELEMENTS OF SPECIFIED
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SEXUAL OFFENSES, INCLUDING CERTAIN OFFENSES AGAINST MINORS AND THE
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OFFENSE OF LEWDNESS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-5-402.3, as last amended by Chapter 40, Laws of Utah 1996
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76-5-407, as last amended by Chapter 302, Laws of Utah 1999
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76-5a-3, as last amended by Chapter 226, Laws of Utah 1985
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76-9-702, as last amended by Chapter 302, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-5-402.3
is amended to read:
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76-5-402.3. Object rape of a child -- Penalty.
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(1) A person commits object rape of a child when the person causes the penetration or
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touching, however slight, of the genital or anal opening of a child who is under the age of 14 by
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any foreign object, substance, instrument, or device, not including a part of the human body, with
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intent to cause substantial emotional or bodily pain to the child or with the intent to arouse or
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gratify the sexual desire of any person.
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(2) (a) Object rape of a child is a first degree felony punishable by imprisonment for an
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indeterminate term of not less than 6, 10, or 15 years and which may be for life.
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(b) Imprisonment is mandatory in accordance with Section
76-3-406
.
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Section 2.
Section
76-5-407
is amended to read:
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76-5-407. Applicability of part -- "Penetration" or "touching" sufficient to constitute
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offense.
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(1) The provisions of this part do not apply to consensual conduct between persons
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married to each other.
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(2) In any prosecution for:
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(a) the following offenses, any sexual penetration, however slight, is sufficient to
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constitute the relevant element of the offense:
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(i) unlawful sexual activity with a minor, a violation of Section
76-5-401
, involving sexual
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intercourse;
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(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Subsection
76-5-401.2
,
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involving sexual intercourse; or
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(iii) rape, a violation of Section
76-5-402
; or
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(b) the following offenses, any touching, however slight, is sufficient to constitute the
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relevant element of the offense:
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(i) unlawful sexual activity with a minor, a violation of Section
76-5-401
, involving acts
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of sodomy [or object penetration];
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(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section
76-5-401.2
,
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involving acts of sodomy [or object penetration];
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(iii) sodomy, a violation of Subsection
76-5-403
(1);
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(iv) forcible sodomy, a violation of Subsection
76-5-403
(2);
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(v) rape of a child, a violation of Section
76-5-402.1
; or
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(vi) object rape of a child, a violation of Section
76-5-402.3
.
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(3) In any prosecution for the following offenses, any touching, even if accomplished
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through clothing, is sufficient to constitute the relevant element of the offense:
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(a) sodomy on a child, a violation of Section
76-5-403.1
; or
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(b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section
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76-5-404.1
.
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Section 3.
Section
76-5a-3
is amended to read:
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76-5a-3. Sexual exploitation of a minor -- Offenses.
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(1) A person is guilty of sexual exploitation of a minor:
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(a) [When] when he knowingly produces, distributes, possesses, or possesses with intent
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to distribute, material or a live performance depicting:
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(i) a nude or partially nude minor for the purpose of causing sexual arousal of any person;
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or
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(ii) any [person's] minor's engagement in sexual conduct [with the minor.] alone or with
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another person; or
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(b) [If] if he is a minor's parent or legal guardian and knowingly consents to or permits that
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minor to be sexually exploited under Subsection (1)(a) above.
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(2) Sexual exploitation of a minor is a felony of the second degree.
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(3) It is a separate offense under this section:
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(a) for each minor depicted, and if more than one minor is depicted in the same material
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or live performance in violation of this section, the depiction of each individual minor in the
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material or live performance is a separate offense;
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(b) each time the same minor is depicted in different material; and
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(c) each time the same minor is depicted in a separate live performance.
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Section 4.
Section
76-9-702
is amended to read:
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76-9-702. Lewdness -- Sexual battery -- Public urination.
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(1) A person is guilty of lewdness if the person under circumstances not amounting to rape,
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object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to
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commit any of these offenses, performs any of the following acts in a public place or under
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circumstances which the person should know will likely cause affront or alarm to, on, or in the
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presence of another who is 14 years of age or older:
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(a) an act of sexual intercourse or sodomy;
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(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks,
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the anus, or the pubic area;
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(c) masturbates;
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(d) engages in trespassory voyeurism; or
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(e) any other act of lewdness.
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(2) Lewdness is a class B misdemeanor.
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(3) A person is guilty of sexual battery if the person under circumstances not amounting
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to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child,
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forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, aggravated
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sexual assault, or an attempt to commit any of these offenses intentionally touches, whether or not
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through clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of
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a female, and the actor's conduct is under circumstances the actor knows or should know will likely
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cause affront or alarm to the person touched.
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(4) Sexual battery is a class A misdemeanor.
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(5) A person is guilty of public urination if the person urinates or defecates:
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(a) in a public place, other than a public rest room; and
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(b) under circumstances which the person should know will likely cause affront or alarm
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to another.
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(6) Public urination is a class C misdemeanor.
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(7) A woman's breast feeding, including breast feeding in any location where the woman
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otherwise may rightfully be, does not under any circumstance constitute a lewd or grossly lewd act,
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irrespective of whether or not the breast is covered during or incidental to feeding.
Legislative Review Note
as of 1-7-00 5:05 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.