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First Substitute H.B. 181
Representative Duane E. Bourdeaux proposes to substitute the following bill:
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PENALTIES FOR SOLICITING MINORS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Duane E. Bourdeaux
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This act modifies the Criminal Code to create the offense and penalties regarding enticing
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a minor over the Internet for sexual activity.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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77-27-21.5, as last amended by Chapter 201, Laws of Utah 2000
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ENACTS:
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76-4-401, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-4-401
is enacted to read:
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76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
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(1) A person commits enticement of a minor over the Internet when, not amounting to an
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attempt, conspiracy, or solicitation under Section
76-4-101
,
76-4-201
, or
76-4-203
, the person
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knowingly uses a computer to solicit, seduce, lure, or entice, or attempt to solicit, seduce, lure, or
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entice a minor or a person the defendant believes to be a minor to engage in any sexual activity
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which is a violation of state criminal law.
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(2) It is not a defense to the crime of enticing a minor under Subsection (1), or an attempt
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to commit this offense, that a law enforcement officer or an undercover operative who is working
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with a law enforcement agency was involved in the detection or investigation of the offense.
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(3) An enticement of a minor under Subsection (1) with the intent to commit:
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(a) a first degree felony is a second degree felony;
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(b) a second degree felony is a third degree felony;
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(c) a third degree felony is a class A misdemeanor;
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(d) a class A misdemeanor is a class B misdemeanor; and
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(e) a class B misdemeanor is a class C misdemeanor.
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Section 2.
Section
77-27-21.5
is amended to read:
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77-27-21.5. Sex offender registration -- Information system -- Law enforcement and
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courts to report -- Registration -- Penalty -- Effect of expungement.
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(1) As used in this section:
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(a) "Department" means the Department of Corrections.
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(b) "Notification" means a person's acquisition of information from the department about
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a sex offender, including his place of habitation, physical description, and methodology of the
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offense, and other information as provided in Subsections (10) and (11).
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(c) "Register" means to comply with the rules of the department made under this section.
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(d) "Sex offender" means any person convicted by this state or who enters a plea in
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abeyance for violating Section
76-4-401
,
76-7-102
,
76-9-702.5
,
76-5a-3
,
76-10-1306
, or
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76-5-301.1
or of committing or attempting, soliciting, or conspiring to commit a felony, under
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Title 76, Chapter 5, Part 4, Sexual Offenses, and any person convicted by any other state or the
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United States government of an offense which if committed or attempted in this state would be
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punishable as one or more of these offenses. "Sex offender" also means all persons committed to
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a state mental hospital by reason of their mental incapacity and their commission or alleged
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commission of one or more offenses listed in this Subsection (1)(d).
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(2) The department, to assist in investigating sex-related crimes and in apprehending
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offenders, shall:
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(a) develop and operate a system to collect, analyze, maintain, and disseminate information
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on sex offenders and sex offenses; and
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(b) make information collected and developed under this section available to the public.
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(3) Any law enforcement agency shall, in the manner prescribed by the department, inform
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the department of:
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(a) the receipt of a report or complaint of an offense listed in Subsection (1)(d), within
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three working days; and
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(b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(d),
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within five working days.
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(4) Upon convicting a person of any of the offenses listed in Subsection (1)(d), or any
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lesser included offense, the convicting court shall within three working days forward a copy of the
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judgment and sentence to the department.
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(5) A sex offender in the custody of the department shall be registered by agents of the
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department upon:
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(a) being placed on probation;
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(b) commitment to a secure correctional facility operated by or under contract to the
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department;
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(c) release from confinement to parole status, termination or expiration of sentence, or
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escape;
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(d) entrance to and release from any community-based residential program operated by or
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under contract to the department; or
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(e) termination of probation or parole.
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(6) A sex offender not in the custody of the department who is confined in a correctional
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facility not operated by or under contract to the department shall, upon release from confinement,
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be registered with the department by the sheriff of the county in which the offender is confined.
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(7) A sex offender confined in a state mental hospital shall be registered with the
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department by the hospital. A sex offender committed to a state mental hospital shall be registered
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with the department by the hospital upon admission and upon discharge.
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(8) A sex offender shall, for ten years after termination of sentence, register annually and
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again within ten days of every change of his place of habitation.
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(9) An agency that registers a sex offender on parole shall inform him of his duty to
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comply with the continuing registration requirements of this section, including:
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(a) notification to an out-of-state agency of moving across state lines;
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(b) notification to the state agencies in the states where the registrant presently resides and
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plans to reside when moving across state lines; and
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(c) verification of address at least every 60 days pursuant to a parole agreement for lifetime
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parolees.
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(10) A sex offender shall provide the department with the following information:
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(a) all names or aliases the sex offender is or has been known by;
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(b) the sex offender's name and address;
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(c) a physical description, including the sex offender's age, height, weight, eye and hair
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color;
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(d) the type of vehicle or vehicles the sex offender drives; and
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(e) a current photograph of the sex offender.
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(11) The department shall provide the following additional information:
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(a) the crimes the sex offender was charged with and convicted of;
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(b) a description of the sex offender's primary and secondary targets; and
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(c) a description of the sex offender's method of offense.
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(12) (a) A sex offender who knowingly fails to register under this section is guilty of a
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class A misdemeanor and shall be sentenced to serve a term of incarceration for not fewer than 90
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days and also at least one year of probation.
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(b) Neither the court nor the Board of Pardons and Parole may release a person who
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violates this section from serving a term of at least 90 days and of completing probation of at least
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one year. This Subsection (12)(b) supersedes any other provision of the law contrary to this
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section.
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(13) Notwithstanding Title 63, Chapter 2, Government Records Access and Management
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Act, information in Subsections (10) and (11) collected and released under this section is public
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information.
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(14) (a) If a sex offender is to be temporarily sent outside a secure facility in which he is
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confined on any assignment, including, without limitation, firefighting or disaster control, the
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official who has custody of the offender shall, within a reasonable time prior to removal from the
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secure facility, notify the local law enforcement agencies where the assignment is to be filled.
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(b) This Subsection (14) does not apply to any person temporarily released under guard
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from the institution in which he is confined.
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(15) Notwithstanding Sections
77-18-9
through
77-18-14
regarding expungement, a person
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convicted of any offense listed in Subsection (1)(d) is not relieved from the responsibility to
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register under this section.
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(16) Notwithstanding Section
42-1-1
, a sex offender may not change his name while under
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the jurisdiction of the department and until the registration requirements of this statute have
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expired.
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(17) The department may make rules necessary to implement this section, including:
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(a) the method for dissemination of the information; and
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(b) instructions to the public regarding the use of the information.
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(18) Any information regarding the identity or location of a victim shall be redacted by the
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department from information provided under Subsections (10) and (11).
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(19) Nothing in this section shall be construed to create or impose any duty on any person
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to request or obtain information regarding any sex offender from the department.
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(20) If the department chooses to post registry information on the Internet, the website
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shall contain a disclaimer informing the public of the following:
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(a) the information contained on the site is obtained from sex offenders and the department
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does not guarantee its accuracy;
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(b) members of the public are not allowed to publicize the information or use it to harass
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or threaten sex offenders or members of their families; and
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(c) harassment, stalking, or threats against sex offenders or their families are prohibited
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and doing so may violate Utah criminal laws.
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(21) The department shall construct the website so that users, before accessing registry
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information, must indicate that they have read the disclaimer, understand it, and agree to comply
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with its terms.
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(22) The department, its personnel, and any individual or entity acting at the request or
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upon the direction of the department are immune from civil liability for damages for good faith
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compliance with this section and will be presumed to have acted in good faith by reporting
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information.
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(23) The department shall redact information that, if disclosed, could reasonably identify
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a victim.
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(24) The website may also include information about sex offenders ordered to accept
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notification of their registry information as part of a condition of probation or parole.
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SECTION 3. COORDINATION CLAUSE.
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(1) IF THIS BILL AND H.B. 237, SEX OFFENDER REGISTRY, BOTH PASS, IT IS THE INTENT OF
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THE LEGISLATURE THAT IN PREPARING THE DATABASE FOR PUBLICATION THE OFFICE OF
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LEGISLATIVE RESEARCH AND GENERAL COUNSEL BE DIRECTED TO INSERT THE AMENDMENT IN
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SECTION 77-27-21.5 FROM 1st SUB. H.B. 181 INTO SUBSECTION 77-27-21.5(1)(d)(i) FROM H.B. 237 TO
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READ AS FOLLOWS:
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"(A) SECTION 76-4-401, ENTICING A MINOR OVER THE INTERNET;".
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(2) RENUMBER THE REMAINING SUBSECTIONS ACCORDINGLY.
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