HB 123

Enrolled Copy  H.B. 123
1Sex, Kidnap, and Child Abuse Offender Registration Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Cheryl K. Acton
  Senate Sponsor: Ronald M. Winterton
  Cosponsor:  Katy Hall  Stephen L. Whyte
  Joseph Elison  Michael L. Kohler
  Jake Fitisemanu  Raymond P. Ward
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to registration on the Sex, Kidnap, and Child Abuse
6  Offender Registry.
7  Highlighted Provisions:
8      This bill:
9      ▸ clarifies that an individual who has committed an offense in another jurisdiction that
10  would require the individual to register on this state's Sex, Kidnap, and Child Abuse
11  Offender Registry is required to register in this state; and
12      ▸ makes technical and conforming changes.
13  Money Appropriated in this Bill:
14      None
15  Other Special Clauses:
16      None
17  Utah Code Sections Affected:
18  AMENDS:
19      53-29-203, as enacted by Laws of Utah 2025, Chapter 291
20
21  Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 53-29-203 is amended to read:
2353-29-203 . Registration lengths -- 10 years -- Lifetime.
H.B. 123  Enrolled Copy
24   (1) Except as provided in Subsection [(2)] (2)(a), (3), or (4), an individual who commits a
25registrable offense is required to register on the registry for:
26(a) 10 years after the day on which the offender's sentence for the offense has been
27terminated if the registrable offense is for:
28(i) a felony or class A misdemeanor violation of enticing a minor under Section
2976-5-417, if the offender enticed the minor to engage in sexual activity that is one
30of the offenses described in Subsections (1)(a)(ii) through (xxiv);
31(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
32(iii) child torture under Section 76-5-109.4;
33(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
34natural parent of the child victim;
35(v) human trafficking for labor under Section 76-5-308, if the offender was not the
36natural parent of the child victim;
37(vi) human smuggling under Section 76-5-308.3, if the offender was not the natural
38parent of the child victim;
39(vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
40offender was not the natural parent of the child victim;
41(viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
42was not the natural parent of the child victim;
43(ix) aggravated human smuggling under Section 76-5-310.1;
44(x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
45(xi) a felony violation of unlawful sexual activity with a minor under Section
4676-5-401;
47(xii) sexual abuse of a minor under Section 76-5-401.1;
48(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
49(xiv) forcible sexual abuse under Section 76-5-404;
50(xv) custodial sexual relations under Section 76-5-412;
51(xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
52(xvii) sexual extortion under Subsection 76-5b-204(2)(a);
53(xviii) incest under Section 76-7-102;
54(xix) four to seven convictions of lewdness under Section 76-5-419;
55(xx) four to seven convictions of sexual battery under Section 76-5-418;
56(xxi) any combination of convictions of lewdness under Section 76-5-419, and of
57sexual battery under Section 76-5-418, that total four to seven convictions;
  -2-
Enrolled Copy  H.B. 123
58(xxii) lewdness involving a child under Section 76-5-420;
59(xxiii) a felony or class A misdemeanor violation of:
60(A) voyeurism under Section 76-12-306;
61(B) recorded or photographed voyeurism under Section 76-12-307; or
62(C) distribution of images obtained through voyeurism under Section 76-12-308;
63(xxiv) aggravated exploitation of prostitution under Section 76-5d-208, committed on
64or before May 9, 2011;
65(xxv) attempting, soliciting, or conspiring to commit an offense listed in
66Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a
67registrable offense; or
68(xxvi) attempting, soliciting, or conspiring to commit:
69(A) aggravated kidnapping under Section 76-5-302, if the offender was not the
70natural parent of the child victim;
71(B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
72offender was not the natural parent of the child victim;
73(C) human trafficking of a child for sexual exploitation under Subsection
7476-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
75(D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
76if the offender was not the natural parent of the child victim;
77(E) human trafficking of a vulnerable adult for sexual exploitation under Section
7876-5-311, if the offender was not the natural parent of the child victim;
79(F) forcible sodomy under Section 76-5-403;
80(G) sexual abuse of a child under Section 76-5-404.1;
81(H) sexual exploitation of a minor under Section 76-5b-201;
82(I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
83(J) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
84(K) aggravated exploitation of prostitution under Section 76-5d-208, on or after
85May 10, 2011; or
86      (b) the offender's lifetime if the registrable offense is:
87(i) a conviction for an offense described in Subsection (1)(a), if the offender has, at
88the time of conviction for the offense:
89(A) previously been convicted of an offense described in Subsection (1)(a), or a
90substantially equivalent offense in an external jurisdiction; or
91(B) previously been required to register as an offender for an offense described in
  -3-
 H.B. 123  Enrolled Copy
92Subsection (1)(a) committed as a juvenile;
93(ii) a following offense, including attempting, soliciting, or conspiring to commit a
94felony violation of:
95(A) child kidnapping under Section 76-5-301.1, if the offender was not the natural
96parent of the child victim;
97(B) rape under Section 76-5-402;
98(C) rape of a child under Section 76-5-402.1;
99(D) object rape under Section 76-5-402.2;
100(E) object rape of a child under Section 76-5-402.3;
101(F) sodomy on a child under Section 76-5-403.1;
102(G) aggravated sexual abuse of a child under Section 76-5-404.3; or
103(H) aggravated sexual assault under Section 76-5-405;
104(iii) aggravated kidnapping under Section 76-5-302, if the offender was not the
105natural parent of the child victim;
106(iv) human trafficking for sexual exploitation under Section 76-5-308.1, if the
107offender was not the natural parent of the child victim;
108(v) human trafficking of a child for sexual exploitation under Subsection
10976-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
110(vi) aggravated human trafficking for sexual exploitation under Section 76-5-310, if
111the offender was not the natural parent of the child victim;
112(vii) human trafficking of a vulnerable adult for sexual exploitation under Section
11376-5-311, if the offender was not the natural parent of the child victim;
114(viii) forcible sodomy under Section 76-5-403;
115(ix) sexual abuse of a child under Section 76-5-404.1;
116(x) sexual exploitation of a minor under Section 76-5b-201;
117(xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
118(xii) aggravated sexual extortion under Subsection 76-5b-204(2)(b);
119(xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after
120May 10, 2011; or
121(xiv) a felony violation of enticing a minor under Section 76-5-417, if the offender
122enticed the minor to engage in sexual activity that is one of the offenses described
123in Subsections (1)(b)(ii) through (xiii).
124   (2) An individual who qualifies as an offender based on a conviction in an external
125jurisdiction for a registrable offense[, or a substantially equivalent offense,] is required
  -4-
 Enrolled Copy  H.B. 123
126      to register:
127      (a) [ and is on an external jurisdiction's sex, kidnap, and child abuse registry, or an
128equivalent registry, is required to register on the registry ]for the time period required
129by the external jurisdiction if the offender:
130(i) is on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse
131registry, or an equivalent registry; or
132(ii) would otherwise be on the external jurisdiction's sex, kidnap, and child abuse
133registry, or an equivalent registry, if the individual still resided in the external
134jurisdiction; or
135      (b) for the applicable time period required under Subsection (1) if the offender is not on,
136or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry,
137or an equivalent registry.
138  (3)(a) If the sentencing court at any time after an offender is convicted of an offense
139      requiring lifetime registration described in Subsection (1)(b), and after considering
140      the factors described in Subsection (3)(b), determines that the offender was under 21
141      years old at the time the offense was committed and the offense did not involve force
142      or coercion, the requirement that the offender register for the offender's lifetime does
143      not apply and the offender shall register for 10 years after the day on which the
144      offender's sentence for the offense has been terminated.
145      (b) In determining whether an offense committed by an offender involves force or
146coercion under Subsection (3)(a), the sentencing court shall consider:
147(i) the age of the victim;
148(ii) the vulnerability of the victim;
149(iii) the physical, mental, psychological, or emotional harm the victim suffered from
150the offense;
151(iv) whether the offender used fraud or deception to commit the offense;
152(v) if any child sexual abuse material, as that term is defined in Section 76-5b-103,
153was:
154(A) distributed to the victim by the offender; or
155(B) distributed, produced, or possessed by the offender at the time of the offense,
156that involved force or coercion against a victim depicted in the child sexual
157abuse material; and
158(vi) any other factor the sentencing court determines is relevant.
159  (4) Except for an individual who is adjudicated for a registrable offense and is an offender
  -5-
 H.B. 123  Enrolled Copy
160who meets the requirements under Subsection 53-29-202(1)(f), an individual who is
161under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
162registration requirements under this chapter unless the offender:
163(a) is charged by criminal information in juvenile court under Section 80-6-503;
164(b) is bound over to district court in accordance with Section 80-6-504; and
165(c) is convicted of a registrable offense.
166   (5) An offender subject to the 10-year or lifetime registration requirements under
167Subsection (1) may petition the court for an order of removal from the registry in
168accordance with Section 53-29-204, 53-29-205, or 53-29-206.
169Section 2. Effective Date.
170   This bill takes effect on May 6, 2026.
  -6-