HB 38: Criminal Offenses Modifications - Utah

Substitute #4 → Enrolled · 6 edits · Mar 25, 2025

MODERATE

The bill was finalized with added cosponsors and a timestamp, while removing several coordination clauses that outlined what to do if related bills (HB 21 or HB 22) failed to pass. The core policy changes regarding criminal penalties, theft thresholds, and gang definitions remain intact.

Scope change

The bill's substantive scope regarding criminal penalties and definitions remains unchanged; however, the procedural scope was altered by removing specific fallback instructions for scenarios where other related bills might not be enacted.

TECHNICAL

Added cosponsors (Matthew H. Gwynn, Candice B. Pierucci, Melissa G. Ballard, Katy Hall, Andrew Stoddard, Jefferson S. Burton, Jason B. Kyle, Mark A. Strong, Tyler Clancy, and Trevor Lee) to the sponsor list.

Added a timestamp ('3-12-25 3:19 PM') at the end of the text.

Removed Section 28, which provided instructions for coordinating with HB 22 if HB 21 did not pass.

Removed Section 29, which provided instructions for coordinating with HB 21 if HB 22 did not pass.

Removed Section 30, which provided instructions for coordinating all three bills if they all passed.

Removed Section 31, which provided instructions for coordinating HB 38 and HB 21.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill significantly expands criminal penalties for organized crime and gang-related offenses by lowering the number of accomplices required for enhanced sentencing from three to two. It also introduces a new crime of sexual extortion, increases fines and penalties for patronizing prostitutes, and clarifies that prior convictions from other states or federal courts count toward theft sentencing enhancements. Additionally, the bill adds specific sexual offenses to the list of crimes that can be charged as part of a 'pattern of unlawful activity' for racketeering prosecutions.

Scope change

The bill broadens the scope of enhanced penalties for group crimes to include acts committed with just two accomplices instead of three, and expands the definition of 'predicate gang crimes' to include various sexual offenses.

REQUIREMENT

Lowered the threshold for enhanced penalties in group crimes from requiring three accomplices to requiring only two accomplices.

Increased the mandatory fine for a second or subsequent conviction of patronizing a prostitute from a class A misdemeanor to a third-degree felony with a minimum $10,000 fine.

SCOPE

Created a new offense of sexual extortion, which involves threatening to distribute intimate images or videos to coerce sexual acts or obtain things of value.

Added sexual offenses (such as rape, sexual exploitation, and human trafficking) to the list of crimes that can be charged as part of a 'pattern of unlawful activity' under racketeering laws.

ELIGIBILITY

Expanded sentencing enhancements for theft and retail theft to include prior convictions obtained in other states, federal courts, or military courts.

DEFINITION

Updated the definition of 'persons' in the Pattern of Unlawful Activity Act to explicitly include state, county, and local governmental entities.

Substitute #3 → Substitute #4 · 8 edits

MODERATE

This bill modifies Utah's criminal code to adjust sentencing enhancements for group crimes, expand prior conviction considerations for theft and prostitution offenses, clarify retail theft valuation, and increase penalties for gang-related crimes involving minors. The changes aim to address evolving criminal patterns by making penalties more consistent with out-of-state convictions and clarifying how value is calculated for retail theft.

Scope change

The bill expands the scope of prior conviction enhancements to include federal, state, and military court convictions for theft, retail theft, and prostitution offenses, and broadens the definition of 'organized criminal group' to include groups of three or more individuals.

REQUIREMENT

Changed the threshold for 'in concert with' enhancement from three or more persons to two or more individuals in certain contexts.

Expanded prior conviction enhancements for theft, retail theft, and prostitution to include convictions from other states, federal courts, and military courts.

Created new offenses for aggravated soliciting, recruiting, or intimidating minors to join criminal street gangs, with enhanced penalties for adults.

Established new offense for intimidating a minor to remain in a criminal street gang with corresponding penalties.

Increased mandatory fines for patronizing a prostitute from $5,000 to $10,000 for repeat offenders.

DEFINITION

Clarified that retail theft value is determined by the item's retail value rather than wholesale or other valuation methods.

Modified the definition of 'financial transaction card' to explicitly include gift cards and prepaid cards.

TECHNICAL

Added coordination clauses to align this bill with related criminal code recodification and prostitution amendment bills.

Substitute #2 → Substitute #3 · 8 edits

MODERATE

This bill modifies Utah's criminal code to strengthen penalties for gang-related offenses, theft, and prostitution. It lowers the threshold for 'acting in concert' from three people to two, expands prior conviction enhancements to include out-of-state and federal crimes, and increases fines for prostitution-related offenses. The bill also clarifies definitions for financial transaction cards and retail theft valuation, and adds new offenses for intimidating minors in criminal street gangs.

Scope change

The bill expands the scope of criminal liability by broadening the definition of 'acting in concert' to include two people instead of three, and by including out-of-state, federal, and military convictions in sentencing enhancements for theft and related offenses.

REQUIREMENT

Changed the requirement for 'acting in concert' from three people to two people in gang-related offenses, making it easier to charge individuals as part of a group.

Expanded prior conviction enhancements for theft and retail theft to include convictions from other states, federal courts, and military courts, not just Utah convictions.

Added new offenses for soliciting, recruiting, or intimidating minors to join or remain in criminal street gangs, with penalties ranging from class A misdemeanor to second-degree felony depending on circumstances.

Changed the definition of 'organized criminal group' from three people to two people, aligning it with the 'acting in concert' standard.

Added aggravated offenses for gang-related intimidation of minors involving weapons, serious bodily injury, or serious emotional distress.

FISCAL

Increased mandatory fines for patronizing a prostitute from $5,000 to $10,000 for repeat offenders, and increased the fine for involving a child from $20,000 to $20,000 with stricter penalties.

DEFINITION

Clarified that retail theft sentencing is based on the item's retail value rather than wholesale or other valuation methods.

Updated the definition of 'financial transaction card' to include gift cards and prepaid cards redeemable at multiple merchants.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill modifies Utah's criminal code to address gang-related offenses, theft sentencing enhancements, and prostitution penalties. Key changes include lowering the threshold for 'acting in concert' from three to two individuals for gang enhancements, expanding prior conviction considerations to include out-of-state and federal courts, clarifying retail theft value calculations, and increasing fines for patronizing prostitutes. The bill also adds new aggravated offenses for minors involved in criminal street gangs.

Scope change

The bill expands the scope of enhanced penalties for gang-related crimes by lowering the number of accomplices required from three to two, and broadens the definition of prior convictions to include judgments from other states, federal courts, and military courts.

REQUIREMENT

Lowered the threshold for gang enhancement penalties from requiring three accomplices to requiring two accomplices.

Added new provisions requiring defendants to complete educational programs about the negative effects of prostitution or human trafficking.

ELIGIBILITY

Expanded prior conviction enhancements for theft and retail theft to include convictions from other states, federal courts, and military courts.

DEFINITION

Clarified that retail theft sentencing is based on the item's retail value rather than wholesale or other values.

ENFORCEMENT

Added new aggravated offenses for bringing minors into criminal street gangs and intimidating minors to remain in gangs.

FISCAL

Increased mandatory fines for patronizing a prostitute from $5,000 to $10,000 for repeat offenders.

TECHNICAL

Added coordination clauses to align this bill with related criminal code recodification and prostitution amendment bills.

Criminal Offenses Modifications

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