Sexual Offense Amendments

HB 377 amends Utah’s sexual offense laws to clarify when consent is absent, directly affecting victims in cases involving specific circumstances. It specifies that consent is lacking if the victim expresses lack of consent, the actor uses force/surprise, threatens retaliation, the victim is unconscious/unaware, has a mental disability affecting judgment, is a minor, or is exploited by a health/religious professional under false pretenses. The bill explicitly states that silence, lack of protest, or lack of resistance does not equate to consent. These changes update the legal definition of non-consensual acts under Utah Code Section 76-5-406, effective May 2025.