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H.B. 74
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SEXUAL OFFENSES AGAINST MINORS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Trisha S. Beck
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AN ACT RELATING TO THE CRIMINAL CODE; CLARIFYING THE AGE OF CERTAIN
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CHILD VICTIMS OF SEXUAL OFFENSES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-5-406, as last amended by Chapter 252, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-5-406
is amended to read:
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76-5-406. Sexual offenses against the victim without consent of victim --
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Circumstances.
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An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child,
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object rape, attempted object rape, object rape of a child, attempted object rape of a child, sodomy,
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attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy upon a child, attempted
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sodomy upon a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a
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child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated
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sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the
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following circumstances:
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(1) the victim expresses lack of consent through words or conduct;
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(2) the actor overcomes the victim through the actual application of physical force or
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violence;
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(3) the actor is able to overcome the victim through concealment or by the element of
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surprise;
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(4) (a) (i) the actor coerces the victim to submit by threatening to retaliate in the immediate
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future against the victim or any other person, and the victim perceives at the time that the actor has
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the ability to execute this threat; or
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(ii) the actor coerces the victim to submit by threatening to retaliate in the future against
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the victim or any other person, and the victim believes at the time that the actor has the ability to
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execute this threat;
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(b) as used in this Subsection (4)(b) "to retaliate" includes but is not limited to threats of
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physical force, kidnaping, or extortion;
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(5) the victim has not consented and the actor knows the victim is unconscious, unaware
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that the act is occurring, or physically unable to resist;
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(6) the actor knows that as a result of mental disease or defect, the victim is at the time of
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the act incapable either of appraising the nature of the act or of resisting it;
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(7) the actor knows that the victim submits or participates because the victim erroneously
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believes that the actor is the victim's spouse;
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(8) the actor intentionally impaired the power of the victim to appraise or control his or
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her conduct by administering any substance without the victim's knowledge;
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(9) the victim is younger than 14 years of age;
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(10) the victim is younger than 18 years of age and at the time of the offense the actor was
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the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of special
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trust in relation to the victim as defined in Subsection
76-5-404.1
(3)(h);
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(11) the victim is 14 years of age or older, but [not older than 17] younger than 18 years
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of age, and the actor is more than three years older than the victim and entices or coerces the victim
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to submit or participate, under circumstances not amounting to the force or threat required under
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Subsection (2) or (4); or
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(12) the actor is a health professional or religious counselor, as those terms are defined in
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this Subsection (12), the act is committed under the guise of providing professional diagnosis,
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counseling, or treatment, and at the time of the act the victim reasonably believed that the act was
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for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that
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resistance by the victim could not reasonably be expected to have been manifested. For purposes
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of this Subsection (12):
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(a) "health professional" means an individual who is licensed or who holds himself out to
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be licensed, or who otherwise provides professional physical or mental health services, diagnosis,
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treatment, or counseling including, but not limited to, a physician, osteopathic physician, nurse,
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dentist, physical therapist, chiropractor, mental health therapist, social service worker, clinical
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social worker, certified social worker, marriage and family therapist, professional counselor,
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psychiatrist, psychologist, psychiatric mental health nurse specialist, or substance abuse counselor;
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and
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(b) "religious counselor" means a minister, priest, rabbi, bishop, or other recognized
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member of the clergy.
Legislative Review Note
as of 1-13-00 11:48 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.