SB 144: Sexual Crimes Amendments - Utah

Substitute #3 → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill amends Utah's sexual crimes statutes to broaden the definition of 'female breast' to include undeveloped or partially developed breasts, thereby expanding protections for minors. It also updates the definition of 'child' to include anyone under 18 in specific contexts and clarifies rules regarding child sexual abuse material and intimate image distribution.

Scope change

The bill expands the scope of offenses to include younger victims and new forms of conduct, such as accessing child sexual abuse material with intent to view, while also modifying penalties for certain scenarios.

DEFINITION

The definition of 'female breast' was changed to explicitly include breasts that are undeveloped or partially developed, ensuring they are covered under sexual abuse laws.

In the context of sexual abuse of a minor, the age range for a 'minor' was adjusted to include individuals who are 14 years old or older but younger than 16.

ENFORCEMENT

New provisions were added to criminalize accessing child sexual abuse material with the specific intent to view it, expanding the offense beyond just possession.

REQUIREMENT

The definition of 'child' in the prostitution section was modified to include any individual younger than 18 years old.

TECHNICAL

The bill includes technical corrections to section numbering and formatting throughout the text.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill amends Utah's sexual crimes statutes to broaden the definition of 'female breast' to include undeveloped or partially developed breasts, thereby expanding protections for minors. It also updates the definition of 'child sexual abuse material' to include scenarios where a minor is observing or being used for sexually explicit conduct, and clarifies that accessing such material with the intent to view constitutes a crime. Additionally, the bill removes a previous sentencing reduction for cases involving older minors or pubescent individuals in aggravated sexual exploitation cases, ensuring consistent severe penalties.

Scope change

The bill expands the scope of protected individuals by including those with undeveloped breasts and minors observing sexual acts, while simultaneously narrowing the scope of exemptions by removing leniency for offenders involving older minors in specific exploitation cases.

DEFINITION

The definition of 'female breast' was modified to explicitly include breasts that are undeveloped or partially developed, ensuring these are covered under sexual abuse laws.

The definition of 'child sexual abuse material' was modified to include visual depictions where a minor is observing or being used for sexually explicit conduct.

The definition of 'sexually explicit conduct' was modified to explicitly include the explicit representation of defecation or urination functions for sexual arousal.

REQUIREMENT

The mental state requirement for sexual exploitation of a minor was modified to include 'accessing' child sexual abuse material with the specific intent to view it.

ENFORCEMENT

The penalty structure for aggravated sexual exploitation of a minor was modified to remove a lesser penalty option that previously applied when the depicted individual was 14 or older or pubescent.

TECHNICAL

Various sections were modified to correct section numbering and formatting inconsistencies, such as removing redundant references to repealed sections.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill amends Utah's sexual crimes laws to expand protections for minors and clarify definitions. Key changes include broadening the definition of 'female breast' to include undeveloped or partially developed breasts, expanding child sexual abuse material definitions to include minors observing or being used in sexually explicit conduct, and adding 'access with intent to view' as a criminal act for sexual exploitation. The bill also removes a lesser penalty for cases where the depicted individual is 14 or older or pubescent, and adds safe harbor provisions for certain professionals who must view such material in their work.

Scope change

The bill expands the scope of criminal liability to include viewing child sexual abuse material with intent to view, and broadens the definition of protected individuals to include those with undeveloped or partially developed breasts.

DEFINITION

Expanded definition of 'female breast' to include undeveloped or partially developed breasts in sexual offense contexts

Expanded 'child sexual abuse material' definition to include minors observing or being used for sexually explicit conduct

Expanded 'sexually explicit conduct' to include explicit representation of defecation or urination for sexual arousal

REQUIREMENT

Added 'access with intent to view' as a criminal act for sexual exploitation of a minor

ENFORCEMENT

Removed lesser penalty for aggravated sexual exploitation when material depicts individuals 14 or older or pubescent

Added safe harbor provisions protecting certain employees and contractors who must view child sexual abuse material in their employment

ELIGIBILITY

Changed position of special trust definition to include teacher or volunteer at public or private elementary or secondary school

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill amends Utah's sexual crimes laws to clarify definitions, expand protections for minors, and update penalties for sexual exploitation. Key changes include defining 'female breast' to include undeveloped or partially developed breasts, expanding child sexual abuse material definitions to include minors observing or being used in sexually explicit conduct, and modifying mental state requirements for certain offenses. The bill also adds safe harbor provisions for employees who access child sexual abuse material in the scope of employment.

Scope change

The bill expands the scope of protected individuals and materials by including undeveloped breasts in definitions and adding minors observing sexually explicit conduct to child sexual abuse material definitions.

DEFINITION

Added 'undeveloped or partially developed' to the definition of female breast in sexual offenses

Expanded child sexual abuse material definition to include minors observing or being used for sexually explicit conduct

Expanded sexually explicit conduct definition to include visual depictions of defecation or urination for sexual arousal

REQUIREMENT

Changed mental state requirement for sexual exploitation of a minor from 'knowingly' to 'intentionally'

Added 'access with intent to view' as a way to commit sexual exploitation of a minor offense

ENFORCEMENT

Added safe harbor provision protecting employees and contractors who access child sexual abuse material within scope of employment

PENALTIES

Removed lesser penalty for aggravated sexual exploitation when material depicts individuals 14 or older or pubescent

TECHNICAL

Updated House Sponsor name from 'LONG TITLE' to 'Anthony E. Loubet' and corrected section numbering

Sexual Crimes Amendments

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