SB 133

02-23 10:55  S.B. 133
1Offender Registry Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Stephanie Pitcher
  House Sponsor: Andrew Stoddard
2
3   LONG TITLE
4   General Description:
5This bill addresses the Sex, Kidnap, and Child Abuse offender registry.
6   Highlighted Provisions:
7This bill:
8▸ clarifies when an individual under 18 years old is required to register on the Sex, Kidnap,
9   and Child Abuse Offender Registry.
10   Money Appropriated in this Bill:
11None
12   Other Special Clauses:
13None
14   Utah Code Sections Affected:
15   AMENDS:
1653-29-203, as enacted by Laws of Utah 2025, Chapter 291
17
18   Be it enacted by the Legislature of the state of Utah:
19Section 1. Section 53-29-203 is amended to read:
2053-29-203 . Registration lengths -- 10 years -- Lifetime.
21   (1) Except as provided in Subsection (2), (3), or (4), an individual who commits a
22registrable offense is required to register on the registry for:
23(a) 10 years after the day on which the offender's sentence for the offense has been
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24terminated if the registrable offense is for:
25(i) a felony or class A misdemeanor violation of enticing a minor under Section
2676-5-417, if the offender enticed the minor to engage in sexual activity that is one
27of the offenses described in Subsections (1)(a)(ii) through (xxiv);
28(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
29(iii) child torture under Section 76-5-109.4;
30(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
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31natural parent of the child victim;
32(v) human trafficking for labor under Section 76-5-308, if the offender was not the
33natural parent of the child victim;
34(vi) human smuggling under Section 76-5-308.3, if the offender was not the natural
35parent of the child victim;
36(vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
37offender was not the natural parent of the child victim;
38(viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
39was not the natural parent of the child victim;
40(ix) aggravated human smuggling under Section 76-5-310.1;
41(x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
42(xi) a felony violation of unlawful sexual activity with a minor under Section
4376-5-401;
44(xii) sexual abuse of a minor under Section 76-5-401.1;
45(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
46(xiv) forcible sexual abuse under Section 76-5-404;
47(xv) custodial sexual relations under Section 76-5-412;
48(xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
49(xvii) sexual extortion under Subsection 76-5b-204(2)(a);
50(xviii) incest under Section 76-7-102;
51(xix) four to seven convictions of lewdness under Section 76-5-419;
52(xx) four to seven convictions of sexual battery under Section 76-5-418;
53(xxi) any combination of convictions of lewdness under Section 76-5-419, and of
54sexual battery under Section 76-5-418, that total four to seven convictions;
55(xxii) lewdness involving a child under Section 76-5-420;
56(xxiii) a felony or class A misdemeanor violation of:
57(A) voyeurism under Section 76-12-306;
58(B) recorded or photographed voyeurism under Section 76-12-307; or
59(C) distribution of images obtained through voyeurism under Section 76-12-308;
60(xxiv) aggravated exploitation of prostitution under Section 76-5d-208, committed on
61or before May 9, 2011;
62(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections
63(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable
64offense; or
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65(xxvi) attempting, soliciting, or conspiring to commit:
66(A) aggravated kidnapping under Section 76-5-302, if the offender was not the
67natural parent of the child victim;
68(B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
69offender was not the natural parent of the child victim;
70(C) human trafficking of a child for sexual exploitation under Subsection
7176-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
72(D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
73if the offender was not the natural parent of the child victim;
74(E) human trafficking of a vulnerable adult for sexual exploitation under Section
7576-5-311, if the offender was not the natural parent of the child victim;
76(F) forcible sodomy under Section 76-5-403;
77(G) sexual abuse of a child under Section 76-5-404.1;
78(H) sexual exploitation of a minor under Section 76-5b-201;
79(I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
80(J) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
81(K) aggravated exploitation of prostitution under Section 76-5d-208, on or after
82May 10, 2011; or
83      (b) the offender's lifetime if the registrable offense is:
84(i) a conviction for an offense described in Subsection (1)(a), if the offender has, at
85the time of conviction for the offense:
86(A) previously been convicted of an offense described in Subsection (1)(a), or a
87substantially equivalent offense in an external jurisdiction; or
88(B) previously been required to register as an offender for an offense described in
89Subsection (1)(a) committed as a juvenile;
90(ii) a following offense, including attempting, soliciting, or conspiring to commit a
91felony violation of:
92(A) child kidnapping under Section 76-5-301.1, if the offender was not the natural
93parent of the child victim;
94(B) rape under Section 76-5-402;
95(C) rape of a child under Section 76-5-402.1;
96(D) object rape under Section 76-5-402.2;
97(E) object rape of a child under Section 76-5-402.3;
98(F) sodomy on a child under Section 76-5-403.1;
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99(G) aggravated sexual abuse of a child under Section 76-5-404.3; or
100(H) aggravated sexual assault under Section 76-5-405;
101(iii) aggravated kidnapping under Section 76-5-302, if the offender was not the
102natural parent of the child victim;
103(iv) human trafficking for sexual exploitation under Section 76-5-308.1, if the
104offender was not the natural parent of the child victim;
105(v) human trafficking of a child for sexual exploitation under Subsection
10676-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
107(vi) aggravated human trafficking for sexual exploitation under Section 76-5-310, if
108the offender was not the natural parent of the child victim;
109(vii) human trafficking of a vulnerable adult for sexual exploitation under Section
11076-5-311, if the offender was not the natural parent of the child victim;
111(viii) forcible sodomy under Section 76-5-403;
112(ix) sexual abuse of a child under Section 76-5-404.1;
113(x) sexual exploitation of a minor under Section 76-5b-201;
114(xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
115(xii) aggravated sexual extortion under Subsection 76-5b-204(2)(b);
116(xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after
117May 10, 2011; or
118(xiv) a felony violation of enticing a minor under Section 76-5-417, if the offender
119enticed the minor to engage in sexual activity that is one of the offenses described
120in Subsections (1)(b)(ii) through (xiii).
121  (2) An individual who qualifies as an offender based on a conviction in an external
122      jurisdiction for a registrable offense, or a substantially equivalent offense, and is on an
123      external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, is
124      required to register on the registry for the time period required by the external
125      jurisdiction.
126  (3)(a) If the sentencing court at any time after an offender is convicted of an offense
127      requiring lifetime registration described in Subsection (1)(b), and after considering
128      the factors described in Subsection (3)(b), determines that the offender was under 21
129      years old at the time the offense was committed and the offense did not involve force
130      or coercion, the requirement that the offender register for the offender's lifetime does
131      not apply and the offender shall register for 10 years after the day on which the
132      offender's sentence for the offense has been terminated.
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133(b) In determining whether an offense committed by an offender involves force or
134coercion under Subsection (3)(a), the sentencing court shall consider:
135(i) the age of the victim;
136(ii) the vulnerability of the victim;
137(iii) the physical, mental, psychological, or emotional harm the victim suffered from
138the offense;
139(iv) whether the offender used fraud or deception to commit the offense;
140(v) if any child sexual abuse material, as that term is defined in Section 76-5b-103,
141was:
142(A) distributed to the victim by the offender; or
143(B) distributed, produced, or possessed by the offender at the time of the offense,
144that involved force or coercion against a victim depicted in the child sexual
145abuse material; and
146(vi) any other factor the sentencing court determines is relevant.
147   (4) [Except for an individual who is adjudicated for a registrable offense and is an offender
148who meets the requirements under Subsection 53-29-202(1)(f), an] An individual [who is
149under 18 years old and commits a registrable offense] convicted after May 3, 2023, of an
150offense committed when the individual was under 18 years old, is not subject to
151registration requirements under this chapter unless the [offender] individual:
152(a) is charged by criminal information in juvenile court under Section 80-6-503;
153(b) is bound over to district court in accordance with Section 80-6-504; and
154(c) is convicted of a registrable offense.
155   (5) An offender subject to the 10-year or lifetime registration requirements under
156Subsection (1) may petition the court for an order of removal from the registry in
157accordance with Section 53-29-204, 53-29-205, or 53-29-206.
158Section 2. Effective Date.
159   This bill takes effect on May 6, 2026.
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