LEGISLATIVE GENERAL COUNSEL H.B. 196
6 Approved for Filing: S. Larson 6 2nd Sub. (Gray)
6 02-26-24 11:39 AM 6
Representative Ken Ivory proposes the following substitute bill:
1 SEXUAL ABUSE AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ken Ivory
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses certain sexual crimes.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < creates the crime of ritual abuse of a minor;
14 < amends the crimes of rape of a child, object rape of a child, and sodomy on a child;
15 < addresses civil statutes of limitation for certain sex crimes; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides coordination clauses. 2nd Sub. H.B. 196
21 Utah Code Sections Affected:
22 AMENDS:
23 76-1-301, as last amended by Laws of Utah 2022, Chapter 181
24 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
25 76-5-402.1, as last amended by Laws of Utah 2022, Chapter 181
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26 76-5-402.3, as last amended by Laws of Utah 2022, Chapter 181
27 76-5-403.1, as last amended by Laws of Utah 2022, Chapter 181
28 76-5-404.3, as enacted by Laws of Utah 2022, Chapter 181
29 ENACTS:
30 76-5-109.4, Utah Code Annotated 1953
31 78B-2-402, Utah Code Annotated 1953
32 RENUMBERS AND AMENDS:
33 78B-2-401, (Renumbered from 78B-2-119, as enacted by Laws of Utah 2022, Chapter
34 474)
35 REPEALS:
36 78B-2-308, as last amended by Laws of Utah 2022, Chapter 430
37 Utah Code Sections Affected By Coordination Clause:
38 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 76-1-301 is amended to read:
42 76-1-301. Offenses for which prosecution may be commenced at any time.
43 (1) As used in this section:
44 (a) "Aggravating offense" means any offense incident to which a homicide was
45 committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b).
46 (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a
47 person other than a party as defined in Section 76-2-202 was killed in the course of the
48 commission, attempted commission, or immediate flight from the commission or attempted
49 commission of the offense.
50 (2) Notwithstanding any other provisions of this code, prosecution for the following
51 offenses may be commenced at any time:
52 (a) an offense classified as a capital felony under Section 76-3-103;
53 (b) ritual abuse of a minor under Section 76-5-109.4;
54 [(b)] (c) aggravated murder under Section 76-5-202;
55 [(c)] (d) murder under Section 76-5-203;
56 [(d)] (e) manslaughter under Section 76-5-205;
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57 [(e)] (f) child abuse homicide under Section 76-5-208;
58 [(f)] (g) aggravated kidnapping under Section 76-5-302;
59 [(g)] (h) child kidnapping under Section 76-5-301.1;
60 [(h)] (i) rape under Section 76-5-402;
61 [(i)] (j) rape of a child under Section 76-5-402.1;
62 [(j)] (k) object rape under Section 76-5-402.2;
63 [(k)] (l) object rape of a child under Section 76-5-402.3;
64 [(l)] (m) forcible sodomy under Section 76-5-403;
65 [(m)] (n) sodomy on a child under Section 76-5-403.1;
66 [(n)] (o) sexual abuse of a child under Section 76-5-404.1;
67 [(o)] (p) aggravated sexual abuse of a child under Section 76-5-404.3;
68 [(p)] (q) aggravated sexual assault under Section 76-5-405;
69 [(q)] (r) any predicate offense to a murder or aggravating offense to an aggravated
70 murder;
71 [(r)] (s) aggravated human trafficking [or aggravated human smuggling in violation of]
72 under Section 76-5-310;
73 (t) aggravated human smuggling under Section 76-5-310.1;
74 [(s)] (u) aggravated exploitation of prostitution involving a child[,] under Section
75 76-10-1306; or
76 [(t)] (v) human trafficking of a child[,] under Section 76-5-308.5.
77 The following section is affected by a coordination clause at the end of this bill.
78 Section 2. Section 76-3-406 is amended to read:
79 76-3-406. Crimes for which probation, suspension of sentence, lower category of
80 offense, or hospitalization may not be granted.
81 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
82 Commitment and Treatment of Individuals with a Mental Condition, and except as provided in
83 Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), a court may not grant probation [may
84 not be granted], suspend the execution or imposition of a sentence [may not be suspended, the
85 court may not], enter a judgment for a lower category of offense, [and] or order hospitalization
86 [may not be ordered], if the effect of which would in any way shorten the prison sentence for
87 an [individual] actor who commits:
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88 (a) a capital felony or a first degree felony involving:
89 [(a)] (i) [Section 76-5-202,] aggravated murder as described in Section 76-5-202;
90 [(b)] (ii) [Section 76-5-203,] murder as described in Section 76-5-203;
91 [(c)] (iii) [Section 76-5-301.1, child kidnaping] child kidnapping as described in
92 Section 76-5-301.1;
93 [(d)] (iv) [Section 76-5-302, aggravated kidnaping] aggravated kidnapping as described
94 in Subsection 76-5-302(3)(b);
95 [(e)] (v) [Section 76-5-402, rape, if the individual is sentenced under] rape as described
96 in Subsection 76-5-402(3)(b), (3)(c), or (4);
97 [(f)] (vi) [Section 76-5-402.1,] rape of a child as described in Section 76-5-402.1;
98 [(g)] (vii) [Section 76-5-402.2, object rape, if the individual is sentenced under] object
99 rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
100 [(h)] (viii) [Section 76-5-402.3,] object rape of a child as described in Section
101 76-5-402.3;
102 [(i)] (ix) [Section 76-5-403, forcible sodomy, if the individual is sentenced under]
103 forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
104 [(j)] (x) [Section 76-5-403.1,] sodomy on a child as described in Section 76-5-403.1;
105 [(k)] (xi) [Section 76-5-404, forcible sexual abuse, if the individual is sentenced under]
106 forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
107 [(l)] (xii) [Section 76-5-404.3,] aggravated sexual abuse of a child as described in
108 Section 76-5-404.3;
109 [(m)] (xiii) [Section 76-5-405,] aggravated sexual assault[; or] as described in Section
110 76-5-405; or
111 [(n)] (xiv) any attempt to commit a felony listed in Subsection [(1)(f), (h), or (j)]
112 (1)(a)(vi), (viii), or (x); or
113 (b) a second degree felony involving ritual abuse of a minor as described in Section
114 76-5-109.4.
115 (2) Except for an offense before the district court in accordance with Section 80-6-502
116 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
117 [defendant] actor:
118 (a) was under 18 years old at the time of the offense; and
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119 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
120 delayed filing of the information.
121 Section 3. Section 76-5-109.4 is enacted to read:
122 76-5-109.4. Ritual abuse of a child.
123 (1) (a) As used in this section:
124 (i) "Child" means an individual who is younger than 18 years old.
125 (ii) "Organic substance or material" means:
126 (A) human bones, blood, or flesh; or
127 (B) human or animal vomit, saliva, urine, semen, fecal material, or other bodily
128 secretion.
129 (iii) "Ritual" means an event or act or a series of events or acts marked by specific
130 actions, gestures, or words, designed to commemorate, celebrate, or solemnize a particular
131 occasion or significance in a religious, cultural, social, institutional, or other context.
132 (b) Terms defined in Section 76-1-101.5 apply to this section.
133 (2) An actor commits ritual abuse of a child if the actor, as part of a ritual, intentionally
134 or knowingly:
135 (a) (i) causes a child to participate in or witness:
136 (A) the torture, mutilation, or sacrifice of an animal;
137 (B) the dissection, mutilation, or incineration of a human corpse;
138 (C) the causing of serious bodily injury to an individual;
139 (D) bestiality;
140 (E) sadistic or masochistic activities;
141 (F) the ingestion or external application of an organic substance or material; or
142 (G) an activity that would constitute a criminal offense;
143 (ii) causes a child to:
144 (A) enter a coffin or open grave containing a human corpse or remains;
145 (B) participate in a mock, unauthorized, or unlawful marriage ceremony as an
146 individual being married to another individual or a fictional representation; or
147 (C) ingest, inject, or otherwise intake a chemical compound, narcotic, drug,
148 hallucinogen, or anesthetic;
149 (iii) threatens a child, or the child's parents, family, pets, or friends with death, serious
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150 bodily injury, or other criminal activity;
151 (iv) deprives a child of sleep, food, or water;
152 (v) binds or confines a child; or
153 (vi) otherwise acts to cause to arouse or gratify the sexual desire of any individual; and
154 (b) causes substantial psychological distress or bodily injury to a child through the
155 actions described in Subsection (2)(a).
156 (3) A violation of Subsection (2) is a second degree felony.
157 (4) An actor is not guilty of an offense under this section for conduct that constitutes:
158 (a) the lawful medical practice of circumcision or other legitimate medical care and any
159 related ritual to the circumcision or other legitimate medical care;
160 (b) reasonable discipline or management of a child, including withholding privileges;
161 (c) conduct described in Section 76-2-401; or
162 (d) the use of reasonable and necessary physical restraint or force on a child:
163 (i) in self-defense;
164 (ii) in defense of others;
165 (iii) to protect the child; or
166 (iv) to remove a weapon in the possession of a child for any of the reasons described in
167 Subsections (4)(d)(i) through (iii).
168 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
169 Section 4. Section 76-5-402.1 is amended to read:
170 76-5-402.1. Rape of a child -- Penalties.
171 (1) (a) As used in this section, "ritual" means the same as that term is defined in
172 Section 76-5-109.4.
173 (b) Terms defined in Section 76-1-101.5 apply to this section.
174 (2) (a) An actor commits rape of a child if the actor has sexual intercourse with an
175 individual who is younger than 14 years old.
176 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
177 violation of Subsection (2)(a).
178 (3) A violation of Subsection (2) is a first degree felony punishable by a term of
179 imprisonment of:
180 (a) except as provided in Subsections (3)(b) and (5), not less than 25 years and which
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181 may be for life; or
182 (b) life without parole, if the trier of fact finds that:
183 (i) during the course of the commission of the rape of a child, the [defendant] actor
184 caused serious bodily injury to the victim;
185 (ii) the actor committed the rape of a child as part of a ritual or a training or practice to
186 perform a ritual; or
187 [(ii)] (iii) at the time of the commission of the rape of a child the [defendant] actor was
188 previously convicted of a grievous sexual offense.
189 (4) Subsection (3)(b) does not apply if the [defendant] actor was younger than 18 years
190 old at the time of the offense.
191 (5) (a) When imposing a sentence under Subsections (3)(a) and (5)(b), a court may
192 impose a term of imprisonment under Subsection (5)(b) if:
193 (i) it is a first time offense for the [defendant] actor under this section;
194 (ii) the [defendant] actor was younger than 21 years old at the time of the offense; and
195 (iii) the court finds that a lesser term than the term described in Subsection (3)(a) is in
196 the interests of justice under the facts and circumstances of the case, including the age of the
197 victim, and states the reasons for this finding on the record.
198 (b) If the conditions of Subsection (5)(a) are met, the court may impose a term of
199 imprisonment of not less than:
200 (i) 15 years and which may be for life;
201 (ii) 10 years and which may be for life; or
202 (iii) six years and which may be for life.
203 (6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
204 Section 5. Section 76-5-402.3 is amended to read:
205 76-5-402.3. Object rape of a child -- Penalty.
206 (1) (a) As used in this section, "ritual" means the same as that term is defined in
207 Section 76-5-109.4.
208 (b) Terms defined in Section 76-1-101.5 apply to this section.
209 (2) (a) An actor commits object rape of a child if:
210 (i) the actor causes the penetration or touching, however slight, of the genital or anal
211 opening of the individual by, except as provided in Subsection (2)(b):
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212 (A) a foreign object;
213 (B) a substance;
214 (C) an instrument; or
215 (D) a device;
216 (ii) the actor:
217 (A) intends to cause substantial emotional or bodily pain to the individual; or
218 (B) intends to arouse or gratify the sexual desire of any individual; and
219 (iii) the individual described in Subsection (2)(a)(i) is younger than 14 years old.
220 (b) Subsection (2)(a) does not include penetration or touching by a part of the human
221 body.
222 (3) (a) A violation of Subsection (2) is a first degree felony punishable by a term of
223 imprisonment of:
224 (i) except as provided in Subsections (3)(a)(ii) and (4), not less than 25 years and
225 which may be for life; or
226 (ii) life without parole, if the trier of fact finds that:
227 (A) during the course of the commission of the object rape of a child the [defendant]
228 actor caused serious bodily injury to the victim;
229 (B) the actor committed the object rape of a child as part of a ritual or a training or
230 practice to perform a ritual; or
231 [(B)] (C) at the time of the commission of the object rape of a child the [defendant]
232 actor was previously convicted of a grievous sexual offense.
233 (b) Subsection (3)(a)(ii) does not apply if the [defendant] actor was younger than 18
234 years old at the time of the offense.
235 (4) (a) When imposing a sentence under Subsections (3)(a)(i) and (4)(b), a court may
236 impose a term of imprisonment under Subsection (4)(b) if:
237 (i) it is a first time offense for the [defendant] actor under this section;
238 (ii) the [defendant] actor was younger than 21 years old at the time of the offense; and
239 (iii) the court finds that a lesser term than the term described in Subsection (3)(a)(i) is
240 in the interests of justice under the facts and circumstances of the case, including the age of the
241 victim, and states the reasons for this finding on the record.
242 (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of
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243 imprisonment of not less than:
244 (i) 15 years and which may be for life;
245 (ii) 10 years and which may be for life; or
246 (iii) six years and which may be for life.
247 (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
248 Sect