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HB 289

Utah House•Passed

Summary

HB 289, “Child Sexual Abuse Material Amendments”, was introduced in the House on Jan 19, 2026 by Rep. Ariel Defay (R) with 1 co-sponsor. It last saw action on Mar 24, 2026: Governor Signed in Lieutenant Governor's office for filing.

Record

Text

HB 289 has 1 co-sponsor and 5 roll calls.

hb289/enrolled.txt
     Enrolled Copy  H.B. 289
Child Sexual Abuse Material Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                                     Chief Sponsor: Ariel Defay
                               Senate Sponsor: Calvin R. Musselman
  LONG TITLE
  General Description:
      This bill addresses offenses related to child sexual abuse material.
  Highlighted Provisions:
      This bill:
      ▸ defines the term of "apparent child sexual abuse material" to address material created or
  generated by artificial intelligence that depicts realistic minors;
      ▸ defines the term of "obscene child sexual abuse material";
      ▸ amends the definition of "child sexual abuse material" to remove artificially generated
  material;
      ▸ creates standalone offenses for:
●   possession of apparent child sexual abuse material;
●   distribution of apparent child sexual abuse material in certain circumstances; and
●   producing, distributing, receiving, or possessing with intent to distribute, obscene
  child sexual abuse material; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      9-7-215, as last amended by Laws of Utah 2025, Chapter 173
      17-72-301, as renumbered and amended by Laws of Utah 2025, First Special Session,
      Chapter 13
     H.B. 289  Enrolled Copy
26B-1-234, as last amended by Laws of Utah 2023, Chapter 231 and renumbered and
amended by Laws of Utah 2023, Chapter 305
26B-2-120, as last amended by Laws of Utah 2025, Chapter 63
53-29-202, as enacted by Laws of Utah 2025, Chapter 291
53-29-203, as enacted by Laws of Utah 2025, Chapter 291
53-29-205, as enacted by Laws of Utah 2025, Chapter 291
63G-2-103, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63M-7-404.5, as enacted by Laws of Utah 2024, Chapter 208
67-5-21, as last amended by Laws of Utah 2023, Chapter 231
76-3-203.5, as last amended by Laws of Utah 2025, Chapters 173, 174, 208, and 284
76-3-407, as last amended by Laws of Utah 2025, Chapters 173, 223
76-5b-103, as last amended by Laws of Utah 2025, Chapters 223, 320
76-5b-206, as renumbered and amended by Laws of Utah 2025, Chapter 173
76-5b-301, as renumbered and amended by Laws of Utah 2011, Chapter 320
76-5d-202, as renumbered and amended by Laws of Utah 2025, Chapters 173, 174
76-17-401, as renumbered and amended by Laws of Utah 2025, Chapter 173
77-4-201, as enacted by Laws of Utah 2023, Chapter 231
77-11a-101, as last amended by Laws of Utah 2024, Chapter 80
80-1-102, as last amended by Laws of Utah 2025, Chapter 426
81-9-402, as last amended by Laws of Utah 2025, Chapter 426
81-13-203, as renumbered and amended by Laws of Utah 2025, Chapter 426
   ENACTS:
76-5b-207, Utah Code Annotated 1953
76-5b-208, Utah Code Annotated 1953
76-5b-209, Utah Code Annotated 1953
   Be it enacted by the Legislature of the state of Utah:
Section 1. Section 9-7-215 is amended to read:
9-7-215 . Internet and online access policy required.
   (1) As used in this section:
(a) "Apparent child sexual abuse material" means the same as that term is defined in
Section 76-5b-103.
[(a)] (b) "Child sexual abuse material" means the same as that term is defined in Section
76-5b-103.
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     Enrolled Copy  H.B. 289
      [(b)] (c) "Harmful to minors" means the same as that term is defined in Section 76-5c-101.
      [(c)] (d) "Obscene" means the same as that term is defined in 20 U.S.C. Sec. 9101.
      (e) "Obscene child sexual abuse material" means the same as that term is defined in
Section 76-5b-103.
      [(d)] (f) "Technology protection measure" means a technology that blocks or filters [
Internet] internet access to visual depictions.
  (2) State funds may not be provided to any public library that provides public access to the [
      Internet] internet unless the library:
      (a)(i) has in place a policy of [Internet] internet safety for minors, including the
operation of a technology protection measure:
(A) with respect to any computer or other device while connected to the [Internet] i
nternet through a network provided by the library, including a wireless
network; and
(B) that protects against access to visual depictions that are child sexual abuse
materials, apparent child sexual abuse materials, obscene child sexual abuse
materials, harmful to minors, or obscene; and
(ii) is enforcing the operation of the technology protection measure described in
Subsection (2)(a)(i) during any use by a minor of a computer or other device that
is connected to the [Internet] internet through a network provided by the library,
including a wireless network; and
      (b)(i) has in place a policy of [Internet] internet safety, including the operation of a
technology protection measure:
(A) with respect to any computer or other device while connected to the [Internet]
internet through a network provided by the library, including a wireless
network; and
(B) that protects against access to visual depictions that are child sexual abuse
materials, apparent child sexual abuse materials, obscene child sexual abuse
materials, harmful to minors, or obscene; and
(ii) is enforcing the operation of the technology protection measure described in
Subsection (2)(b)(i) during any use of a computer or other device that is connected
to the [Internet] internet through a network provided by the library, including a
wireless network.
  (3) This section does not prohibit a public library from limiting [Internet] internet access or
      otherwise protecting against materials other than the materials specified in this section.
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H.B. 289  Enrolled Copy
   (4) An administrator, supervisor, or other representative of a public library may disable a
technology protection measure described in Subsection (2):
(a) at the request of a library patron who is not a minor; and
(b) to enable access for research or other lawful purposes.
Section 2. Section 17-72-301 is amended to read:
17-72-301 . General duties.
   (1) The sheriff shall:
(a) preserve the peace;
(b) make all lawful arrests;
(c)(i) attend in person or by deputy:
(A) the Supreme Court and the Court of Appeals when required; or
(B) when the court is held within the sheriff's county, all courts of record, and
court commissioner and referee sessions held within the sheriff's county;
(ii) obey a court's lawful orders and directions; and
(iii) comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
Administration;
(d) upon request of the juvenile court, aid the court in maintaining order during hearings
and transport a minor to and from youth corrections facilities, other institutions, or
other designated places;
(e) attend county justice courts if the judge finds that the matter before the court requires
the sheriff's attendance for security, transportation, and escort of prisoners in the
sheriff's custody, or for the custody of jurors;
(f) command the aid of as many inhabitants of the sheriff's county as the sheriff
considers necessary in the execution of duties described in this section;
(g) take charge of and keep the county jail and prisoners in the county jail as described
in Part 4, County Jails, and Part 5, Responsibility for Prisoners;
(h)(i) receive and safely keep all prisoners committed to the sheriff's custody;
(ii) file and preserve the commitments of prisoners; and
(iii) record the name, age, place of birth, and description of each prisoner;
(i) release on the record all attachments of real property when the attachment the sheriff
receives has been released or discharged;
(j) endorse on all process and notices the year, month, day, hour, and minute of
reception, and, upon payment of fees, issue a certificate to the individual delivering
process or notice showing the names of the parties, title of paper, and the time of
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Enrolled Copy  H.B. 289
receipt;
      (k) serve all process and notices as prescribed by Part 7, Process Service and Duty to the
Court, or any other provision of law;
      (l)(i) if the sheriff makes service of process or notice, certify on the process or notices
the manner, time, and place of service; or
(ii) if the sheriff fails to make service, certify the reason upon the process or notice,
and return them without delay;
      (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
land within the sheriff's county;
      (n) perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into
under the authority of Section 17-65-405;
      (o) manage and direct search and rescue services in the sheriff's county, including
emergency medical responders and other related incident response activities;
      (p) obtain saliva DNA specimens as required under Section 53-10-404;
      (q) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by
considerations of race, color, ethnicity, age, or gender;
      (r) as applicable, select a representative of law enforcement to serve as a member of a
child protection team, as defined in Section 80-1-102;
      (s) appoint a county security chief in accordance with Section 53-22-103 and ensure the
county security chief fulfills the county security chief's duties;
      (t) ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal
charges has:
(i) a private and confidential space to review discovery and other evidence or
documents related to the prisoner's criminal case with the prisoner's counsel; and
(ii) the means to access and review discovery and other evidence or documents
related to the prisoner's criminal case, with or without the prisoner's counsel,
including the means to access and review digital, audio, video, or other
technological evidence or documents; and
      (u) perform any other duties that are required by law.
  (2)(a) Violation of Subsection (1)(j) is a class C misdemeanor.
      (b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
  (3)(a) A prisoner may access or review discovery, evidence, or other documents under
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H.B. 289  Enrolled Copy
Subsection (1)(t) with:
(i) technology provided by the jail; or
(ii) technology, including a computer, that is approved by the jail and is provided by
the prisoner's counsel.
(b) If a prisoner's counsel leaves discovery, evidence, or other documents with the
prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or
other documents does not include:
(i) any visual depiction of an individual who is younger than 18 years old;
(ii) any personal identifying information of an individual other than the prisoner;
(iii) any financial information of a person other than the prisoner;
(iv) any child sexual abuse material as defined in Section 76-5b-103;
(v) any apparent child sexual abuse material as defined in Section 76-5b-103;
(vi) any obscene child sexual abuse material as defined in Section 76-5b-103;
[(v)] (vii) any intimate image as defined in Section 76-5b-203; or
[(vi)] (viii) any visual depiction or information for which possession is prohibited, by
policy, at the jail.
Section 3. Section 26B-1-234 is amended to read:
26B-1-234 . Handling of child sexual abuse material.
   (1) As used in this section:
(a) "Apparent child sexual abuse material" means the same as that term is defined in
Section 76-5b-103.
[(a)] (b) "Child sexual abuse material" means the same as that term is defined in Section
76-5b-103.
(c) "Obscene child sexual abuse material" means the same as that term is defined in
Section 76-5b-103.
[(b)] (d) "Secure" means to prevent and prohibit access, electronic upload, transmission,
or transfer of an image.
   (2) The department or a division within the department may not retain child sexual abuse
material, apparent child sexual abuse material, or obscene child sexual abuse material
longer than is necessary to comply with the requirements of this section.
   (3) When the department or a division within the department obtains child sexual abuse
material, apparent child sexual abuse material, or obscene child sexual abuse material as
a result of an employee unlawfully viewing child sexual abuse material, apparent child
sexual abuse material, or obscene child sexual abuse material, the department or division
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Enrolled Copy  H.B. 289
      shall consult with and follow the guidance of the Division of Human Resource
      Management regarding personnel action and local law enforcement regarding retention
      of the child sexual abuse material, apparent child sexual abuse material, or obscene child
      sexual abuse material.
  (4) When the department or a division within the department obtains child sexual abuse
      material, apparent child sexual abuse material, or obscene child sexual abuse material as
      a result of a report or an investigation, the department or division shall immediately
      secure the child sexual abuse material, apparent child sexual abuse material, or obscene
      child sexual abuse material, or the electronic device if the child sexual abuse material[ ] ,
      apparent child sexual abuse material, or obscene child sexual abuse material is digital,
      and contact the law enforcement office that has jurisdiction over the area where the
      division's case is located.
Section 4. Section 26B-2-120 is amended to read:
26B-2-120 . Background check -- Direct access to children or vulnerable adults.
  (1) As used in this section:
      (a)(i) "Applicant" means an individual who is associated with a certification,
contract, or licensee with the department under this part and has direct access,
including:
(A) an adoptive parent or prospective adoptive parent, including an applicant for
an adoption in accordance with Section 78B-6-128;
(B) a foster parent or prospective foster parent;
(C) an individual who provides respite care to a foster parent or an adoptive parent
on more than one occasion;
(D) an individual who transports a child for a youth transportation company;
(E) an individual who provides certified peer support, as defined in Section
26B-5-610;
(F) an individual who provides peer supports, has a disability or a family member
with a disability, or is in recovery from a mental illness or a substance use
disorder;
(G) an individual who has lived experience with the services provided by the
department, and uses that lived experience to provide support, guidance, or
services to promote resiliency and recovery;
(H) an individual who is identified as a mental health professional, licensed under
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
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H.B. 289  Enrolled Copy
the practice of mental health therapy, as defined in Section 58-60-102;
(I) an individual, other than the child or vulnerable adult receiving the service,
who is 12 years old or older and resides in a home, that is licensed or certified
by the division;
(J) an individual who is 12 years old or older and is associated with a certification,
contract, or licensee with the department under this part and has or will likely
have direct access;
(K) a foster home licensee that submits an application for an annual background
screening as required by Subsection 26B-2-105(4)(d)(iii); or
(L) a short-term relief care provider.
(ii) "Applicant" does not include:
(A) an individual who is in the custody of the Division of Child and Family
Services or the Division of Juvenile Justice and Youth Services;
(B) an individual who applies for employment with, or is employed by, the
Department of Health and Human Services;
(C) a parent of a person receiving services from the Division of Services for
People with Disabilities, if the parent provides direct care to and resides with
the person, including if the parent provides direct care to and resides with the
person [pursuant to] in accordance with a court order; or
(D) an individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule adopted by the
Department of Health and Human Services in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
director or a member, as defined by Section 26B-2-105, of the program.
      (b) "Application" means a background check application to the office.
      (c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 53-10-201.
      (d) "Criminal finding" means a record of:
(i) an arrest for a criminal offense;
(ii) a warrant for a criminal arrest;
(iii) charges for a criminal offense; or
(iv) a criminal conviction.
      (e) "Direct access" means that an individual has, or likely will have:
(i) contact with or access to a child or vulnerable adult by which the individual will
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Enrolled Copy  H.B. 289
have the opportunity for personal communication or touch with the child or
vulnerable adult; or
(ii) an opportunity to view medical, financial, or other confidential personal
identifying information of the child, the child's parent or legal guardian, or the
vulnerable adult.
      (f)(i) "Direct access qualified" means that the applicant has an eligible determination
by the office within the license and renewal time period; and
(ii) no more than 180 days have passed since the date on which the applicant's
association with a certification, contract, or licensee with the department expires.
      (g) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
      (h) "Licensee" means an individual or a human services program licensed by the
division.
      (i) "Non-criminal finding" means a record maintained in:
(i) the Division of Child and Family Services' Management Information System
described in Section 80-2-1001;
(ii) the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002;
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section 26B-6-210;
(iv) juvenile court arrest, adjudication, and disposition records;
(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53,
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry; or
(vi) a state child abuse or neglect registry.
      (j) "Office" means the Office of Background Processing within the department.
      (k) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, in a form
                                                -9-
H.B. 289  Enrolled Copy
specified by the office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
   (2) Except as provided in Subsection (12), an applicant or a representative shall submit the
following to the office:
(a) personal identifying information;
(b) a fee established by the office under Section 63J-1-504;
(c) a disclosure form, specified by the office, for consent for:
(i) an initial background check upon association with a certification, contract, or
licensee with the department;
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
certification, contract, or licensee with the department for 180 days;
(iii) a background check when the office determines that reasonable cause exists; and
(iv) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(c) and (4);
(d) if an applicant resided outside of the United States and its territories during the five
years immediately [preceding] before the day on which the information described in
Subsections (2)(a) through (c) is submitted to the office, documentation establishing
whether the applicant was convicted of a crime during the time that the applicant
resided outside of the United States or its territories; and
(e) an application showing an applicant's association with a certification, contract, or a
licensee with the department, for the purpose of the office tracking the direct access
qualified status of the applicant, which expires 180 days after the date on which the
applicant is no longer associated with a certification, contract, or a licensee with the
department.
   (3) The office:
(a) shall perform the following duties as part of a background check of an applicant
before the office grants or denies direct access qualified status to an applicant:
(i) check state and regional criminal background databases for the applicant's
criminal history by:
(A) submitting personal identifying information to the bureau for a search; or
(B) using the applicant's personal identifying information to search state and
regional criminal background databases as authorized under Section 53-10-108;
(ii) submit the applicant's personal identifying information and fingerprints to the
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Enrolled Copy  H.B. 289
bureau for a criminal history search of applicable national criminal background
databases;
(iii) search the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002;
(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national
sex offender registry for an applicant 18 years old or older;
(v) search the Division of Child and Family Services' Management Information
System in Section 80-2-1001, if the applicant is:
(A) a prospective foster or adoptive parent;
(B) an employee of a congregate care program; or
(C) an adult who lives in a foster home.
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section 26B-6-210;
(vii) search the juvenile court records for substantiated findings of severe child abuse
or neglect described in Section 80-3-404 or 80-3-504; and
(viii) search the juvenile court arrest, adjudication, and disposition records, as
provided under Section 78A-6-209;
      (b) may conduct all or portions of a background check in connection with determining
whether an applicant is direct access qualified, as provided by rule, made by the
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
      (c) may submit an applicant's personal identifying information, including fingerprints, to
the bureau for checking, retaining, and monitoring of state and national criminal
background databases and for notifying the office of new criminal activity associated
with the applicant;
      (d) shall track the status of an applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant
is associated with more than one certification, contract, or licensee with the
department;
      (e) shall notify the bureau when a direct access qualified individual has not been
associated with a certification, contract, or licensee with the department for a period
of 180 days;
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H.B. 289  Enrolled Copy
(f) shall adopt measures to strictly limit access to personal identifying information solely
to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information
the office reviews under this Subsection (3);
(g) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any applicant working in a congregate care program,
shall:
(i) search the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately [preceding] before
the day on which the application is submitted to the office; and
(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to
background checks.
   (4)(a) With the personal identifying information the office submits to the bureau under
Subsection (3), the bureau shall check against state and regional criminal background
databases for the applicant's criminal history.
(b) With the personal identifying information and fingerprints the office submits to the
bureau under Subsection (3), the bureau shall check against national criminal
background databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal
Bureau of Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification
System and latent prints; and
(ii) monitoring national criminal background databases and identifying criminal
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activity associated with the applicant.
      (e) The bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
      (f) Upon notice that an individual who has direct access qualified status will no longer
be associated with a certification, contract, or licensee with the department, the
bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the
Federal Bureau of Investigation will discard and destroy the retained fingerprints
from the Federal Bureau of Investigation Next Generation Identification System.
  (5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
      qualified status to an applicant who, within three years from the date on which the
      office conducts the background check, was convicted of:
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
cruelty to animals, or bestiality;
(B) a violation of any pornography law, [including sexual] or an offense involving
exploitation of a minor[ or ] as described in Section 76-5b-201, aggravated
sexual exploitation of a minor as described in Section 76-5b-201.2, possession
of apparent child sexual abuse material as described in Section 76-5b-207,
distribution of apparent child sexual abuse material as described in Section
76-5b-208, or unlawful activity regarding obscene material depicting the
sexual abuse of a minor as described in Section 76-5b-209;
(C) sexual solicitation or prostitution;
(D) a violent offense committed in the presence of a child, as described in Section
76-3-203.10;
(E) an offense included in Title 76, Chapter 5, Part 1, 2, 3, 4, or 7;
(F) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act, other
than Section 76-5b-206;
(G) an offense included in Title 76, Chapter 7, Offenses Against the Family;
(H) an offense included in Title 76, Chapter 12, Part 3, Privacy Offenses;
(I) an offense included in Title 76, Chapter 15, Part 3, Weapons of Mass
Destruction;
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H.B. 289  Enrolled Copy
(J) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
Injunctions;
(K) aggravated arson, as described in Section 76-6-103;
(L) aggravated burglary, as described in Section 76-6-203;
(M) aggravated exploitation of prostitution, as described in Section 76-5d-208;
(N) aggravated robbery, as described in Section 76-6-302;
(O) endangering persons in a human services program, as described in Section
26B-2-113;
(P) failure to report, as described in Section 80-2-609;
(Q) identity fraud crime, as described in Section 76-6-1102;
(R) riot, as described in Section 76-9-101; or
(S) threatening with or using a dangerous weapon in a fight or quarrel, as
described in Section 76-11-207; or
(ii) a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsection
(5)(a)(i).
      (b)(i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
peer support provider or a mental health professional, if the applicant provides
services in a program that serves only adults with a primary mental health
diagnosis, with or without a co-occurring substance use disorder.
(ii) The office shall conduct a comprehensive review of an applicant described in
Subsection (5)(b)(i) in accordance with Subsection (7).
      (c) Subject to Subsection (5)(d), the office shall deny direct access qualified status to an
applicant who:
(i) a court order prohibits from having direct access to a child or vulnerable adult; or
(ii) is an applicant for a congregate care program and:
(A) is subject to an open investigation for a non-criminal finding; or
(B) has a supported non-criminal finding, excluding a supported finding for
dependency, as defined in Section 80-1-102, within three years from the date
on which the office conducts the background check.
      (d)(i) Subsection (5)(c) does not apply retrospectively for congregate care program
employees who have an approved background screening on or before July 1,
2025; or
(ii) notwithstanding Subsection (5)(c)(ii)(A), the division may grant temporary direct
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access qualified status to an applicant subject to a condition that the applicant is
directly supervised at all times.
  (6) The office shall conduct a comprehensive review of an applicant's background check if
      the applicant:
      (a) has a felony or class A misdemeanor conviction that is more than three years from
the date on which the office conducts the background check, for an offense described
in Subsection (5)(a);
      (b) has a felony charge or conviction that is no more than 10 years from the date on
which the office conducts the background check for an offense not described in
Subsection (5)(a);
      (c) has a felony charge or conviction that is more than 10 years from the date on which
the office conducts the background check, for an offense not described in Subsection
(5)(a), with criminal or non-criminal findings after the date of the felony charge or
conviction;
      (d) has a class B misdemeanor or class C misdemeanor conviction that is more than
three years and no more than 10 years from the date on which the office conducts the
background check for an offense described in Subsection (5)(a);
      (e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
years from the date on which the office conducts the background check, for an
offense described in Subsection (5)(a), with criminal or non-criminal findings after
the date of conviction;
      (f) has a misdemeanor charge or conviction that is no more than three years from the
date on which the office conducts the background check for an offense not described
in Subsection (5)(a);
      (g) has a misdemeanor charge or conviction that is more than three years from the date
on which the office conducts the background check, for an offense not described in
Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
conviction;
      (h) is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection (5)(a);
      (i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry;
      (j) has a record of an adjudication in juvenile court for an act that, if committed by an
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H.B. 289  Enrolled Copy
adult, would be a felony or misdemeanor, if the applicant is:
(i) under 28 years old; or
(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a
misdemeanor offense described in Subsection (5)(a);
      (k) has a pending charge for an offense described in Subsection (5)(a);
      (l) has a supported finding that occurred no more than 15 years from the date on which
the office conducts the background check in the Division of Child and Family
Services' Licensing Information System described in Section 80-2-1002;
      (m) has a supported finding that occurred more than 15 years from the date on which the
office conducts the background check in the Division of Child and Family Services'
Licensing Information System described in Section 80-2-1002, with criminal or
non-criminal findings after the date of the listing;
      (n) has a listing that occurred no more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210;
      (o) has a listing that occurred more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210, with criminal or non-criminal findings after the date of the listing;
      (p) has a substantiated finding that occurred no more than 15 years from the date on
which the office conducts the background check of severe child abuse or neglect
under Section 80-3-404 or 80-3-504; or
      (q) has a substantiated finding that occurred more than 15 years from the date on which
the office conducts the background check of severe child abuse or neglect under
Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
the listing.
   (7)(a) The comprehensive review shall include an examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
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Enrolled Copy  H.B. 289
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix) if the background check of an applicant is being conducted for the purpose of
giving direct access qualified status to an applicant seeking a position in a
congregate care program or to become a prospective foster or adoptive parent, any
listing in the Division of Child and Family Services' Management Information
System described in Section 80-2-1001.
      (b) At the conclusion of the comprehensive review, the office shall deny direct access
qualified status to an applicant if the office finds the approval would likely create a
risk of harm to a child or vulnerable adult.
  (8) The office shall grant direct access qualified status to an applicant who is not denied
      under this section.
  (9)(a) The office may conditionally grant direct access qualified status to an applicant,
      for a maximum of 60 days after the day on which the office sends written notice,
      without requiring that the applicant be directly supervised, if the office:
(i) is awaiting the results of the criminal history search of national criminal
background databases; and
(ii) would otherwise grant direct access qualified status to the applicant under this
section.
      (b) The office may conditionally grant direct access qualified status to an applicant, for a
maximum of one year after the day on which the office sends written notice, without
requiring that the applicant be directly supervised if the office:
(i) is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise grant direct access qualified status to the applicant under this
section.
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H.B. 289  Enrolled Copy
(c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall grant or deny direct access qualified status to
the applicant in accordance with this section.
   (10)(a) Each time an applicant is associated with a licensee, the department shall review
the current status of the applicant's background check to ensure the applicant is still
eligible for direct access qualified status in accordance with this section.
(b) A licensee may not permit an individual to have direct access to a child or a
vulnerable adult without being directly supervised unless:
(i) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(ii) the individual is approved by the parent or guardian of the child, or the guardian
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(iv) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to
provide the incidental care for the foster child.
(c) Notwithstanding any other provision of this section, an applicant who is denied direct
access qualified status shall not have direct access to a child or vulnerable adult
unless the office grants direct access qualified status to the applicant through a
subsequent application in accordance with this section.
   (11) If the office denies direct access qualified status to an applicant, the applicant may
request a hearing in the department's Office of Administrative Hearings to challenge the
office's decision.
   (12)(a) This Subsection (12) applies to an applicant associated with a certification,
contract, or licensee serving adults only.
(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
shall comply with this section.
(c) The office shall conduct a comprehensive review for an applicant if:
(i) the applicant is seeking a position:
(A) as a peer support provider;
(B) as a mental health professional; or
(C) in a program that serves only adults with a primary mental health diagnosis,
with or without a co-occurring substance use disorder; and
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Enrolled Copy  H.B. 289
(ii) within three years from the date on which the office conducts the background
check, the applicant has a felony or misdemeanor charge or conviction or a
non-criminal finding.
  (13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
      care program, an applicant seeking to provide a prospective foster home, an applicant
      seeking to provide a prospective adoptive home, and each adult living in the home of
      the prospective foster or prospective adoptive home.
      (b) As federally required, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant
resided in the five years immediately [preceding] before the day on which the
applicant applied to be a foster or adoptive parent, to determine whether the
prospective foster or adoptive parent is listed in the registry as having a
substantiated or supported finding of child abuse or neglect; and
(ii) except for applicants seeking a position in a congregate care program, check the
child abuse and neglect registry in each state where each adult living in the home
of the prospective foster or adoptive home resided in the five years immediately [
preceding] before the day on which the applicant applied to be a foster or adoptive
parent, to determine whether the adult is listed in the registry as having a
substantiated or supported finding of child abuse or neglect.
      (c) The requirements described in Subsection (13)(b) do not apply to the extent that:
(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
or 80-3-303, pending completion of the background check described in
Subsections (5), (6), and (7).
      (d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
qualified status if the applicant has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in Section 76-5-109;
(B) aggravated child abuse, as described in Section 76-5-109.2;
(C) child abandonment, as described in Section 76-5-109.3;
(D) child torture, as described in Section 76-5-109.4;
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H.B. 289  Enrolled Copy
(E) commission of domestic violence in the presence of a child, as described in
Section 76-5-114;
(F) abuse or neglect of a child with a disability, as described in Section 76-5-110;
(G) intentional aggravated abuse of a vulnerable adult, as described in Section
76-5-111;
(H) endangerment of a child or vulnerable adult, as described in Section
76-5-112.5;
(I) aggravated murder, as described in Section 76-5-202;
(J) murder, as described in Section 76-5-203;
(K) manslaughter, as described in Section 76-5-205;
(L) child abuse homicide, as described in Section 76-5-208;
(M) homicide by assault, as described in Section 76-5-209;
(N) kidnapping, as described in Section 76-5-301;
(O) child kidnapping, as described in Section 76-5-301.1;
(P) aggravated kidnapping, as described in Section 76-5-302;
(Q) human trafficking of a child, as described in Section 76-5-308.5;
(R) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than
Section 76-5-417, 76-5-418, or 76-5-419;
(S) sexual exploitation of a minor, as described in [Title 76, Chapter 5b, Sexual
Exploitation Act] Section 76-5b-201;
(T) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
(U) possession of apparent child sexual abuse material, as described in Section
76-5b-207;
(V) distribution of apparent child sexual abuse material, as described in Section
76-5b-208;
(W) unlawful activity regarding obscene material depicting the sexual abuse of a
minor, as described in Section 76-5b-209;
[(U)] (X) aggravated arson, as described in Section 76-6-103;
[(V)] (Y) aggravated burglary, as described in Section 76-6-203;
[(W)] (Z) aggravated robbery, as described in Section 76-6-302;
[(X)] (AA) incest, as described in Section 76-7-102; or
[(Y)] (BB) domestic violence, as described in Section 77-36-1; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (13)(d)(i).
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Enrolled Copy  H.B. 289
      (e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
qualified status to an applicant if, within the five years from the date on which the
office conducts the background check, the applicant was convicted of a felony
involving conduct that constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 76-5-103;
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
(iii) mayhem, as described in Section 76-5-105;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
      (f) In addition to the circumstances described in Subsection (6), the office shall conduct
a comprehensive review of an applicant's background check under this section if the
applicant:
(i) has an offense described in Subsection (5)(a);
(ii) has an infraction conviction entered on a date that is no more than three years
before the date on which the office conducts the background check;
(iii) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 80-2-1002;
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
neglect, or exploitation database described in Section 26B-2-210;
(v) has a substantiated finding of severe child abuse or neglect under Section
80-3-404 or 80-3-504; or
(vi) has a listing on the registry check described in Subsection (13)(b) as having a
substantiated or supported finding of a severe type of child abuse or neglect, as
defined in Section 80-1-102.
  (14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
      office may make rules, consistent with this part, to:
      (a) establish procedures for, and information to be examined in, the comprehensive
review described in Subsections (6), (7), and (13); and
      (b) determine whether to consider an offense or incident that occurred while an
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H.B. 289  Enrolled Copy
individual was in the custody of the Division of Child and Family Services or the
Division of Juvenile Justice and Youth Services for purposes of granting or denying
direct access qualified status to an applicant.
Section 5. Section 53-29-202 is amended to read:
53-29-202 . Registrable offenses -- Status as a sex offender, kidnap offender, and
   child abuse offender established.
   (1) An individual is an offender described in Subsection (2) and subject to the requirements,
restrictions, and penalties described in this chapter if the individual:
(a) has been convicted in this state of:
(i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
(ii) child torture under Section 76-5-109.4;
(iii) a felony or class A misdemeanor violation of enticing a minor under Section
76-5-417;
(iv) sexual exploitation of a vulnerable adult under Section 76-5b-202;
(v) human trafficking for sexual exploitation under Section 76-5-308.1;
(vi) human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b);
(vii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311;
(ix) unlawful sexual activity with a minor under Section 76-5-401, except as provided
in Subsection 76-5-401(3)(b) or (c);
(x) sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense
unless the individual was younger than 21 years old at the time of the offense then
on the individual's second offense;
(xi) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
(xii) rape under Section 76-5-402;
(xiii) rape of a child under Section 76-5-402.1;
(xiv) object rape under Section 76-5-402.2;
(xv) object rape of a child under Section 76-5-402.3;
(xvi) a felony violation of forcible sodomy under Section 76-5-403;
(xvii) sodomy on a child under Section 76-5-403.1;
(xviii) forcible sexual abuse under Section 76-5-404;
(xix) sexual abuse of a child under Section 76-5-404.1;
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Enrolled Copy  H.B. 289
(xx) aggravated sexual abuse of a child under Section 76-5-404.3;
(xxi) aggravated sexual assault under Section 76-5-405;
(xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is
younger than 18 years old and the offense is committed on or after May 10, 2011;
(xxiii) sexual exploitation of a minor under Section 76-5b-201;
(xxiv) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
(xxv) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
(xxvi) possession of apparent child sexual abuse material under Section 76-5b-207;
(xxvii) distribution of apparent child sexual abuse material under Section 76-5b-208;
(xxviii) unlawful activity regarding obscene material depicting the sexual abuse of a
minor under Section 76-5b-209;
[(xxvi)] (xxix) incest under Section 76-7-102;
[(xxvii)] (xxx) lewdness under Section 76-5-419, if the individual has been convicted
of the offense four or more times;
[(xxviii)] (xxxi) sexual battery under Section 76-5-418, if the individual has been
convicted of the offense four or more times;
[(xxix)] (xxxii) any combination of convictions of lewdness under Section 76-5-419,
and of sexual battery under Section 76-5-418, that total four or more convictions;
[(xxx)] (xxxiii) lewdness involving a child under Section 76-5-420;
[(xxxi)] (xxxiv) a felony or class A misdemeanor violation of:
(A) voyeurism under Section 76-12-306;
(B) recorded or photographed voyeurism under Section 76-12-307; or
(C) distribution of images obtained through voyeurism under Section 76-12-308;
[(xxxii)] (xxxv) aggravated exploitation of prostitution under Section 76-5d-208;
[(xxxiii)] (xxxvi) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender
was not the natural parent of the child victim;
[(xxxiv)] (xxxvii) child kidnapping under Section 76-5-301.1, if the offender was not
the natural parent of the child victim;
[(xxxv)] (xxxviii) aggravated kidnapping under Section 76-5-302, if the offender was
not the natural parent of the child victim;
[(xxxvi)] (xxxix) human trafficking for labor under Section 76-5-308, if the offender
was not the natural parent of the child victim;
[(xxxvii)] (xl) human smuggling under Section 76-5-308.3, if the offender was not the
natural parent of the child victim;
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H.B. 289  Enrolled Copy
[(xxxviii)] (xli) human trafficking of a child for labor under Subsection
76-5-308.5(4)(a), if the offender was not the natural parent of the child victim;
[(xxxix)] (xlii) aggravated human trafficking for labor under Section 76-5-310, if the
offender was not the natural parent of the child victim;
[(xl)] (xliii) aggravated human smuggling under Section 76-5-310.1, if the offender
was not the natural parent of the child victim;
[(xli)] (xliv) human trafficking of a vulnerable adult for labor under Section 76-5-311,
if the offender was not the natural parent of the child victim; or
[(xlii)] (xlv) attempting, soliciting, or conspiring to commit a felony violation of an
offense listed in Subsections (1)(a)(i) through [(xl)] (xliii);
      (b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or
conspiracy to commit a criminal offense in an external jurisdiction that is
substantially equivalent to the offense listed in Subsection (1)(a); and
(ii)(A) is a Utah resident; or
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month
period, regardless of whether the individual intends to permanently reside in
this state;
      (c)(i)(A) is required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection (1)(a) or a
substantially equivalent offense;
(B) is ordered by a court to register on a registry for individuals who have
committed an offense listed in Subsection (1)(a) or a substantially equivalent
offense; or
(C) would be required to register on a registry in an external jurisdiction for
individuals who have committed an offense listed in Subsection (1)(a), or a
substantially equivalent offense, if residing in the external jurisdiction of the
conviction regardless of the date of the conviction or a previous registration
requirement; and
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether
the individual intends to permanently reside in this state;
      (d)(i)(A) is a nonresident regularly employed or working in this state; or
(B) [who ]is a student in this state; and
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially
equivalent offense in an external jurisdiction; or
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Enrolled Copy  H.B. 289
(B) is required to register on a sex, kidnap, and child abuse registry, or an
equivalent registry, in the individual's state of residence based on a conviction
for an offense that is not substantially equivalent to an offense listed in
Subsection (1)(a);
      (e) is found not guilty by reason of insanity in this state or in an external jurisdiction of
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
      (f)(i) is adjudicated under Section 80-6-701 for one or more offenses listed in
Subsection (1)(a); and
(ii) has been committed to the division for secure care, as defined in Section 80-1-102,
for that offense if:
(A) the individual remains in the division's custody until 30 days before the
individual's 21st birthday;
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
under Section 80-6-605 and the individual remains in the division's custody
until 30 days before the individual's 25th birthday; or
(C) the individual is moved from the division's custody to the custody of the
department before expiration of the division's jurisdiction over the individual.
  (2) Subject to Subsection (3), an individual is:
      (a) a child abuse offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described
in Subsection (1)(a)(i) through (ii); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
described in Subsection (1)(a)(i) through (ii) or a substantially equivalent offense;
      (b) a sex offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described
in Subsections (1)(a)(iii) through [(xxxii)] (xxxv); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
described in Subsections (1)(a)(iii) through [(xxxii)] (xxxv) or a substantially
equivalent offense; or
      (c) a kidnap offender if the individual:
(i) has committed, attempted, solicited, or conspired to commit an offense described
in Subsections [(1)(a)(xxxiii) through (xli)] (1)(a)(xxxvi) through (xliv); or
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
described in Subsections [(1)(a)(xxxiii) through (xli) ] (1)(a)(xxxvi) through (xliv)
                                                - 25 -
H.B. 289  Enrolled Copy
or a substantially equivalent offense.
   (3) An individual who has committed a registrable offense described in Subsection
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child
abuse registry, or an equivalent registry, in the individual's state of residence is a child
abuse offender, sex offender, or kidnap offender based on the individual's status on the
registry in the individual's state of residence.
   (4) Notwithstanding Subsection 53-29-101(4)(a), a plea of guilty or nolo contendere to a
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a,
Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently
reduced or dismissed in accordance with the plea in abeyance agreement.
Section 6. Section 53-29-203 is amended to read:
53-29-203 . Registration lengths -- 10 years -- Lifetime.
   (1) Except as provided in Subsection (2), (3), or (4), an individual who commits a
registrable offense is required to register on the registry for:
(a) 10 years after the day on which the offender's sentence for the offense has been
terminated if the registrable offense is for:
(i) a felony or class A misdemeanor violation of enticing a minor under Section
76-5-417, if the offender enticed the minor to engage in sexual activity that is one
of the offenses described in Subsections (1)(a)(ii) through (xxiv);
(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
(iii) child torture under Section 76-5-109.4;
(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
natural parent of the child victim;
(v) human trafficking for labor under Section 76-5-308, if the offender was not the
natural parent of the child victim;
(vi) human smuggling under Section 76-5-308.3, if the offender was not the natural
parent of the child victim;
(vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
offender was not the natural parent of the child victim;
(viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
was not the natural parent of the child victim;
(ix) aggravated human smuggling under Section 76-5-310.1;
(x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
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Enrolled Copy  H.B. 289
(xi) a felony violation of unlawful sexual activity with a minor under Section
76-5-401;
(xii) sexual abuse of a minor under Section 76-5-401.1;
(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
(xiv) forcible sexual abuse under Section 76-5-404;
(xv) custodial sexual relations under Section 76-5-412;
(xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
(xvii) sexual extortion under Subsection 76-5b-204(2)(a);
(xviii) incest under Section 76-7-102;
(xix) four to seven convictions of lewdness under Section 76-5-419;
(xx) four to seven convictions of sexual battery under Section 76-5-418;
(xxi) any combination of convictions of lewdness under Section 76-5-419, and of
sexual battery under Section 76-5-418, that total four to seven convictions;
(xxii) lewdness involving a child under Section 76-5-420;
(xxiii) a felony or class A misdemeanor violation of:
(A) voyeurism under Section 76-12-306;
(B) recorded or photographed voyeurism under Section 76-12-307; or
(C) distribution of images obtained through voyeurism under Section 76-12-308;
(xxiv) aggravated exploitation of prostitution under Section 76-5d-208, committed on
or before May 9, 2011;
(xxv) attempting, soliciting, or conspiring to commit an offense listed in
Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a
registrable offense; or
(xxvi) attempting, soliciting, or conspiring to commit:
(A) aggravated kidnapping under Section 76-5-302, if the offender was not the
natural parent of the child victim;
(B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
offender was not the natural parent of the child victim;
(C) human trafficking of a child for sexual exploitation under Subsection
76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
(D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
if the offender was not the natural parent of the child victim;
(E) human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311, if the offender was not the natural parent of the child victim;
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H.B. 289  Enrolled Copy
(F) forcible sodomy under Section 76-5-403;
(G) sexual abuse of a child under Section 76-5-404.1;
(H) sexual exploitation of a minor under Section 76-5b-201;
(I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
(J) aggravated sexual extortion under Subsection 76-5b-204(2)(b);[ or]
(K) possession of apparent child sexual abuse material under Section 76-5b-207;
(L) distribution of apparent child sexual abuse material under Section 76-5b-208;
(M) unlawful activity regarding obscene material depicting the sexual abuse of a
minor under Section 76-5b-209; or
[(K)] (N) aggravated exploitation of prostitution under Section 76-5d-208, on or
after May 10, 2011; or
      (b) the offender's lifetime if the registrable offense is:
(i) a conviction for an offense described in Subsection (1)(a), if the offender has, at
the time of conviction for the offense:
(A) previously been convicted of an offense described in Subsection (1)(a), or a
substantially equivalent offense in an external jurisdiction; or
(B) previously been required to register as an offender for an offense described in
Subsection (1)(a) committed as a juvenile;
(ii) a following offense, including attempting, soliciting, or conspiring to commit a
felony violation of:
(A) child kidnapping under Section 76-5-301.1, if the offender was not the natural
parent of the child victim;
(B) rape under Section 76-5-402;
(C) rape of a child under Section 76-5-402.1;
(D) object rape under Section 76-5-402.2;
(E) object rape of a child under Section 76-5-402.3;
(F) sodomy on a child under Section 76-5-403.1;
(G) aggravated sexual abuse of a child under Section 76-5-404.3; or
(H) aggravated sexual assault under Section 76-5-405;
(iii) aggravated kidnapping under Section 76-5-302, if the offender was not the
natural parent of the child victim;
(iv) human trafficking for sexual exploitation under Section 76-5-308.1, if the
offender was not the natural parent of the child victim;
(v) human trafficking of a child for sexual exploitation under Subsection
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76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
(vi) aggravated human trafficking for sexual exploitation under Section 76-5-310, if
the offender was not the natural parent of the child victim;
(vii) human trafficking of a vulnerable adult for sexual exploitation under Section
76-5-311, if the offender was not the natural parent of the child victim;
(viii) forcible sodomy under Section 76-5-403;
(ix) sexual abuse of a child under Section 76-5-404.1;
(x) sexual exploitation of a minor under Section 76-5b-201;
(xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
(xii) aggravated sexual extortion under Subsection 76-5b-204(2)(b);
(xiii) aggravated exploitation of prostitution under Section 76-5d-208, on or after
May 10, 2011; or
(xiv) a felony violation of enticing a minor under Section 76-5-417, if the offender
enticed the minor to engage in sexual activity that is one of the offenses described
in Subsections (1)(b)(ii) through (xiii).
  (2) An individual who qualifies as an offender based on a conviction in an external
      jurisdiction for a registrable offense, or a substantially equivalent offense, and is on an
      external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, is
      required to register on the registry for the time period required by the external
      jurisdiction.
  (3)(a) If the sentencing court at any time after an offender is convicted of an offense
      requiring lifetime registration described in Subsection (1)(b), and after considering
      the factors described in Subsection (3)(b), determines that the offender was under 21
      years old at the time the offense was committed and the offense did not involve force
      or coercion, the requirement that the offender register for the offender's lifetime does
      not apply and the offender shall register for 10 years after the day on which the
      offender's sentence for the offense has been terminated.
      (b) In determining whether an offense committed by an offender involves force or
coercion under Subsection (3)(a), the sentencing court shall consider:
(i) the age of the victim;
(ii) the vulnerability of the victim;
(iii) the physical, mental, psychological, or emotional harm the victim suffered from
the offense;
(iv) whether the offender used fraud or deception to commit the offense;
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 H.B. 289  Enrolled Copy
(v) if any child sexual abuse material, apparent child sexual abuse material, or
obscene child sexual abuse material, as [that term is] those terms are defined in
Section 76-5b-103, was:
(A) distributed to the victim by the offender; or
(B) distributed, produced, or possessed by the offender at the time of the offense,
that involved force or coercion against a victim depicted in the child sexual
abuse material; and
(vi) any other factor the sentencing court determines is relevant.
   (4) Except for an individual who is adjudicated for a registrable offense and is an offender
who meets the requirements under Subsection 53-29-202(1)(f), an individual who is
under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
registration requirements under this chapter unless the offender:
(a) is charged by criminal information in juvenile court under Section 80-6-503;
(b) is bound over to district court in accordance with Section 80-6-504; and
(c) is convicted of a registrable offense.
   (5) An offender subject to the 10-year or lifetime registration requirements under
Subsection (1) may petition the court for an order of removal from the registry in
accordance with Section 53-29-204, 53-29-205, or 53-29-206.
Section 7. Section 53-29-205 is amended to read:
53-29-205 . Ten-year petition for removal from registry -- Eligibility.
1000     (1) An offender who is required to register on the registry for a registrable offense
1001  described in Subsection (3) subject to a 10-year registration period as described in
1002  Section 53-29-203 is eligible to petition the court under Section 53-29-207 for an order
1003  of removal from the registry at a 10-year after entrance into the community period
1004  described in Subsection (2) if:
1005  (a) the offender has not been convicted of another offense that is a class A misdemeanor,
1006  felony, or capital felony within the most recent 10-year period after the date
1007  described in Subsection (2), as evidenced by a certificate of eligibility issued by the
1008  bureau;
1009  (b) the offender successfully completed all treatment ordered by the court or the Board
1010  of Pardons and Parole relating to the offense; and
1011  (c) the offender has paid all restitution ordered by the court or the Board of Pardons and
1012  Parole relating to the offense.
1013     (2) An offender who qualifies under Subsection (1) may petition the court under Section
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 Enrolled Copy  H.B. 289
1014        53-29-207 for an order of removal from the registry if 10 years have passed after the
1015        later of the following events in which the offender entered into the community:
1016        (a) the day on which the offender was placed on probation;
1017        (b) the day on which the offender was released from incarceration to parole;
1018        (c) the day on which the offender's sentence was terminated without parole;
1019        (d) the day on which the offender entered a community-based residential program; or
1020        (e) for a minor, as defined in Section 80-1-102, the day on which the division's custody
1021  of the offender was terminated.
1022    (3) The offenses that qualify for a 10-year petition for an order of removal from the registry
1023        referenced in Subsection (1) are:
1024        (a) a felony violation of enticing a minor under Section 76-5-417, if the offender enticed
1025  the minor to engage in sexual activity that is one of the offenses described in
1026  Subsections (3)(b) through (v);
1027        (b) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
1028        (c) child torture under Section 76-5-109.4;
1029        (d) human trafficking for labor under Section 76-5-308;
1030        (e) human smuggling under Section 76-5-308.3;
1031        (f) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);
1032        (g) aggravated human trafficking for labor under Section 76-5-310;
1033        (h) aggravated human smuggling under Section 76-5-310.1;
1034        (i) human trafficking of a vulnerable adult for labor under Section 76-5-311;
1035        (j) a felony violation of unlawful sexual activity with a minor under Section 76-5-401, if,
1036  at the time of the offense, the offender is more than 10 years older than the victim;
1037        (k) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
1038  offender is more than 10 years older than the victim;
1039        (l) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, if, at the
1040  time of the offense, the offender is more than 15 years older than the victim;
1041        (m) forcible sexual abuse under Section 76-5-404;
1042        (n) custodial sexual relations under Section 76-5-412, if the victim in custody is younger
1043  than 18 years old and the offense is committed on or after May 10, 2011;
1044        (o) sexual exploitation of a vulnerable adult under Section 76-5b-202;
1045        (p) sexual extortion under Subsection 76-5b-204(2)(a);
1046        (q) incest under Section 76-7-102;
1047        (r) four or more convictions of lewdness under Section 76-5-419;
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 H.B. 289  Enrolled Copy
1048        (s) four or more convictions of sexual battery under Section 76-5-418;
1049        (t) any combination of convictions of lewdness under Section 76-5-419, and of sexual
1050  battery under Section 76-5-418, that total four or more convictions;
1051        (u) lewdness involving a child under Section 76-5-420;
1052        (v) a felony violation of:
1053  (i) recorded or photographed voyeurism under Section 76-12-307; or
1054  (ii) distribution of images obtained through voyeurism under Section 76-12-308;
1055        (w) aggravated exploitation of prostitution under Section 76-5d-208, committed on or
1056  before May 9, 2011;
1057        (x) attempting, soliciting, or conspiring to commit an offense listed in Subsections (3)(a)
1058  through (v) if the attempt, solicitation, or conspiracy is a registrable offense;
1059        (y) attempting, soliciting, or conspiring to commit:
1060  (i) human trafficking for sexual exploitation under Section 76-5-308.1;
1061  (ii) human trafficking of a child for sexual exploitation under Subsection
1062  76-5-308.5(4)(b);
1063  (iii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
1064  (iv) human trafficking of a vulnerable adult for sexual exploitation under Section
1065  76-5-311;
1066  (v) aggravated kidnapping under Section 76-5-302, except if the offender is a natural
1067  parent of the victim;
1068  (vi) forcible sodomy under Section 76-5-403;
1069  (vii) sexual abuse of a child under Section 76-5-404.1;
1070  (viii) sexual exploitation of a minor under Section 76-5b-201;
1071  (ix) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
1072  (x) aggravated sexual extortion under Subsection 76-5b-204(2)(b);[ or]
1073  (xi) possession of apparent child sexual abuse material under Section 76-5b-207;
1074  (xii) distribution of apparent child sexual abuse material under Section 76-5b-208;
1075  (xiii) unlawful activity regarding obscene material depicting the sexual abuse of a
1076  minor under Section 76-5b-209; or
1077  [(xi)] (xiv) aggravated exploitation of prostitution under Section 76-5d-208, on or
1078  after May 10, 2011; or
1079        (z) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject
1080  to a 20-year petition for removal as described in Section 53-29-206, if:
1081  (i) the sentencing court determines that the offender was under 21 years old at the
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 Enrolled Copy  H.B. 289
1082  time the offense was committed; and
1083  (ii) the offense did not involve force or coercion as described in Subsection
1084  53-29-203(3).
1085    (4) An individual who is as an offender under Section 53-29-202 based on a conviction in
1086        an external jurisdiction for a registrable offense, or a substantially equivalent offense,
1087        and is required to register on the external jurisdiction's sex, kidnap, or child abuse
1088        offender registry, or an equivalent registry, may petition for removal from the registry in
1089        accordance with the requirements of this section if the individual:
1090        (a) does not have a lifetime registration requirement on the external jurisdiction's sex,
1091  kidnap, or child abuse offender registry, or an equivalent registry;
1092        (b) meets the requirements described in Subsections (1)(a) through (c);
1093        (c) has resided in this state for at least 183 days in a year for two consecutive years;
1094        (d) intends to primarily reside in this state; and
1095        (e) has received an order from a court in the external jurisdiction where the offender was
1096  initially required to register on a sex, kidnap, and child abuse registry, or an
1097  equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap,
1098  and Child Abuse Offender Registry.
1099  Section 8. Section 63G-2-103 is amended to read:
1100  63G-2-103 . Definitions.
1101       As used in this chapter:
1102    (1) "Audit" means:
1103        (a) a systematic examination of financial, management, program, and related records for
1104  the purpose of determining the fair presentation of financial statements, adequacy of
1105  internal controls, or compliance with laws and regulations; or
1106        (b) a systematic examination of program procedures and operations for the purpose of
1107  determining their effectiveness, economy, efficiency, and compliance with statutes
1108  and regulations.
1109    (2) "Chief administrative officer" means the chief administrative officer of a governmental
1110        entity who is responsible to fulfill the duties described in Section 63A-12-103.
1111    (3) "Chronological logs" mean the regular and customary summary records of law
1112        enforcement agencies and other public safety agencies that show:
1113        (a) the time and general nature of police, fire, and paramedic calls made to the agency;
1114  and
1115        (b) any arrests or jail bookings made by the agency.
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 H.B. 289  Enrolled Copy
1116     (4) "Classification," "classify," and their derivative forms mean determining whether a
1117  record series, record, or information within a record is public, private, controlled,
1118  protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
1119     (5)(a) "Computer program" means:
1120  (i) a series of instructions or statements that permit the functioning of a computer
1121  system in a manner designed to provide storage, retrieval, and manipulation of
1122  data from the computer system; and
1123  (ii) any associated documentation and source material that explain how to operate the
1124  computer program.
1125  (b) "Computer program" does not mean:
1126  (i) the original data, including numbers, text, voice, graphics, and images;
1127  (ii) analysis, compilation, and other manipulated forms of the original data produced
1128  by use of the program; or
1129  (iii) the mathematical or statistical formulas, excluding the underlying mathematical
1130  algorithms contained in the program, that would be used if the manipulated forms
1131  of the original data were to be produced manually.
1132     (6)(a) "Contractor" means:
1133  (i) any person who contracts with a governmental entity to provide goods or services
1134  directly to a governmental entity; or
1135  (ii) any private, nonprofit organization that receives funds from a governmental entity.
1136  (b) "Contractor" does not mean a private provider.
1137     (7) "Controlled record" means a record containing data on individuals that is controlled as
1138  provided by Section 63G-2-304.
1139     (8) "Designation," "designate," and their derivative forms mean indicating, based on a
1140  governmental entity's familiarity with a record series or based on a governmental entity's
1141  review of a reasonable sample of a record series, the primary classification that a
1142  majority of records in a record series would be given if classified and the classification
1143  that other records typically present in the record series would be given if classified.
1144     (9) "Elected official" means each person elected to a state office, county office, municipal
1145  office, school board or school district office, special district office, or special service
1146  district office, but does not include judges.
1147     (10) "Explosive" means a chemical compound, device, or mixture:
1148  (a) commonly used or intended for the purpose of producing an explosion; and
1149  (b) that contains oxidizing or combustive units or other ingredients in proportions,
                                                  - 34 -
 Enrolled Copy  H.B. 289
1150  quantities, or packing so that:
1151  (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
1152  compound or mixture may cause a sudden generation of highly heated gases; and
1153  (ii) the resultant gaseous pressures are capable of:
1154  (A) producing destructive effects on contiguous objects; or
1155  (B) causing death or serious bodily injury.
1156    (11) "Government audit agency" means any governmental entity that conducts an audit.
1157    (12)(a) "Governmental entity" means:
1158  (i) executive department agencies of the state, the offices of the governor, lieutenant
1159  governor, state auditor, attorney general, and state treasurer, the Board of Pardons
1160  and Parole, the Board of Examiners, the National Guard, the Career Service
1161  Review Office, the State Board of Education, the Utah Board of Higher
1162  Education, and the State Archives;
1163  (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
1164  Analyst, Office of Legislative Research and General Counsel, the Legislature, and
1165  legislative committees, except any political party, group, caucus, or rules or sifting
1166  committee of the Legislature;
1167  (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
1168  administrative units in the judicial branch;
1169  (iv) any state-funded institution of higher education or public education; or
1170  (v) any political subdivision of the state, but, if a political subdivision has adopted an
1171  ordinance or a policy relating to information practices pursuant to Section
1172  63G-2-701, this chapter shall apply to the political subdivision to the extent
1173  specified in Section 63G-2-701 or as specified in any other section of this chapter
1174  that specifically refers to political subdivisions.
1175        (b) "Governmental entity" also means:
1176  (i) every office, agency, board, bureau, committee, department, advisory board, or
1177  commission of an entity listed in Subsection (12)(a) that is funded or established
1178  by the government to carry out the public's business;
1179  (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
1180  undertaking, except for the Water District Water Development Council created [
1181  pursuant to] in accordance with Section 11-13-228;
1182  (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
1183  (iv) an association as defined in Section 53G-7-1101;
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 H.B. 289  Enrolled Copy
1184  (v) the Utah Independent Redistricting Commission; and
1185  (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
1186  more law enforcement officers, as defined in Section 53-13-103.
1187  (c) "Governmental entity" does not include the Utah Educational Savings Plan created in
1188  Section 53H-10-202.
1189     (13) "Government Records Office" means the same as that term is defined in Section
1190  63A-12-201.
1191     (14) "Gross compensation" means every form of remuneration payable for a given period to
1192  an individual for services provided including salaries, commissions, vacation pay,
1193  severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and
1194  any similar benefit received from the individual's employer.
1195     (15) "Individual" means a human being.
1196     (16)(a) "Initial contact report" means an initial written or recorded report, however
1197  titled, prepared by peace officers engaged in public patrol or response duties
1198  describing official actions initially taken in response to either a public complaint
1199  about or the discovery of an apparent violation of law, which report may describe:
1200  (i) the date, time, location, and nature of the complaint, the incident, or offense;
1201  (ii) names of victims;
1202  (iii) the nature or general scope of the agency's initial actions taken in response to the
1203  incident;
1204  (iv) the general nature of any injuries or estimate of damages sustained in the incident;
1205  (v) the name, address, and other identifying information about any person arrested or
1206  charged in connection with the incident; or
1207  (vi) the identity of the public safety personnel, except undercover personnel, or
1208  prosecuting attorney involved in responding to the initial incident.
1209  (b) Initial contact reports do not include follow-up or investigative reports prepared after
1210  the initial contact report. However, if the information specified in Subsection (16)(a)
1211  appears in follow-up or investigative reports, it may only be treated confidentially if
1212  it is private, controlled, protected, or exempt from disclosure under Subsection
1213  63G-2-201(3)(b).
1214  (c) Initial contact reports do not include accident reports, as that term is described in
1215  Title 41, Chapter 6a, Part 4, Accident Responsibilities.
1216     (17) "Legislative body" means the Legislature.
1217     (18) "Notice of compliance" means a statement confirming that a governmental entity has
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 Enrolled Copy  H.B. 289
1218        complied with an order of the director of the Government Records Office.
1219    (19) "Person" means:
1220        (a) an individual;
1221        (b) a nonprofit or profit corporation;
1222        (c) a partnership;
1223        (d) a sole proprietorship;
1224        (e) other type of business organization; or
1225        (f) any combination acting in concert with one another.
1226    (20) "Private provider" means any person who contracts with a governmental entity to
1227        provide services directly to the public.
1228    (21) "Private record" means a record containing data on individuals that is private as
1229        provided by Section 63G-2-302.
1230    (22) "Protected record" means a record that is classified protected as provided by Section
1231        63G-2-305.
1232    (23) "Public record" means a record that is not private, controlled, or protected and that is
1233        not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
1234    (24) "Reasonable search" means a search that is:
1235        (a) reasonable in scope and intensity; and
1236        (b) not unreasonably burdensome for the government entity.
1237    (25)(a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
1238        card, tape, recording, electronic data, or other documentary material regardless of
1239        physical form or characteristics:
1240  (i) that is prepared, owned, received, or retained by a governmental entity or political
1241  subdivision; and
1242  (ii) where all of the information in the original is reproducible by photocopy or other
1243  mechanical or electronic means.
1244        (b) "Record" does not include:
1245  (i) a personal note or personal communication prepared or received by an employee
1246  or officer of a governmental entity:
1247  (A) in a capacity other than the employee's or officer's governmental capacity; or
1248  (B) that is unrelated to the conduct of the public's business;
1249  (ii) a temporary draft or similar material prepared for the originator's personal use or
1250  prepared by the originator for the personal use of an individual for whom the
1251  originator is working;
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 H.B. 289  Enrolled Copy
1252  (iii) material that is legally owned by an individual in the individual's private capacity;
1253  (iv) material to which access is limited by the laws of copyright or patent unless the
1254  copyright or patent is owned by a governmental entity or political subdivision;
1255  (v) proprietary software;
1256  (vi) junk mail or a commercial publication received by a governmental entity or an
1257  official or employee of a governmental entity;
1258  (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
1259  of a library open to the public;
1260  (viii) material that is cataloged, indexed, or inventoried and contained in the
1261  collections of a library open to the public, regardless of physical form or
1262  characteristics of the material;
1263  (ix) a daily calendar ;
1264  (x) a note prepared by the originator for the originator's own use or for the sole use of
1265  an individual for whom the originator is working;
1266  (xi) a computer program that is developed or purchased by or for any governmental
1267  entity for its own use;
1268  (xii) a note or internal memorandum prepared as part of the deliberative process by:
1269  (A) a member of the judiciary;
1270  (B) an administrative law judge;
1271  (C) a member of the Board of Pardons and Parole; or
1272  (D) a member of any other body, other than an association or appeals panel as
1273  defined in Section 53G-7-1101, charged by law with performing a
1274  quasi-judicial function;
1275  (xiii) a telephone number or similar code used to access a mobile communication
1276  device that is used by an employee or officer of a governmental entity, [provided
1277  that] if the employee or officer of the governmental entity has designated at least
1278  one business telephone number that is a public record as provided in Section
1279  63G-2-301;
1280  (xiv) information provided by the Public Employees' Benefit and Insurance Program,
1281  created in Section 49-20-103, to a county to enable the county to calculate the
1282  amount to be paid to a health care provider under Subsection 17-63-706(2)(e)(ii);
1283  (xv) information that an owner of unimproved property provides to a local entity as
1284  provided in Section 11-42-205;
1285  (xvi) a video or audio recording of an interview, or a transcript of the video or audio
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 Enrolled Copy  H.B. 289
1286  recording, that is conducted at a Children's Justice Center established under
1287  Section 67-5b-102;
1288  (xvii) apparent child sexual abuse material, as defined by Section 76-5b-103;
1289  [(xvii)] (xviii) child sexual abuse material, as defined by Section 76-5b-103;
1290  (xix) obscene child sexual abuse material, as defined in Section 76-5b-103;
1291  [(xviii)] (xx) before final disposition of an ethics complaint occurs, a video or audio
1292  recording of the closed portion of a meeting or hearing of:
1293  (A) a Senate or House Ethics Committee;
1294  (B) the Independent Legislative Ethics Commission;
1295  (C) the Independent Executive Branch Ethics Commission, created in Section
1296  63A-14-202; or
1297  (D) the Political Subdivisions Ethics Review Commission established in Section
1298  63A-15-201;
1299  [(xix)] (xxi) confidential communication described in Section 58-60-102, 58-61-102,
1300  or 58-61-702;
1301  [(xx)] (xxii) any item described in Subsection (25)(a) that is:
1302  (A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
1303  (B) shared between any of the following entities:
1304  (I) the Division of Risk Management;
1305  (II) the Office of the Attorney General;
1306  (III) the governor's office; or
1307  (IV) the Legislature;
1308  [(xxi)] (xxiii) the email address that a candidate for elective office provides to a filing
1309  officer under Subsection 20A-9-201(5)(c)(ii) or 20A-9-203(4)(c)(iv); or
1310  [(xxii)] (xxiv) except as provided in Sections 31A-16-105, 31A-16-107.5, and
1311  27a-3-303, an investment policy, or information related to an investment policy,
1312  provided to the insurance commissioner as described in Title 31A, Chapter 18,
1313  Investments.
1314    (26) "Record series" means a group of records that may be treated as a unit for purposes of
1315        designation, description, management, or disposition.
1316    (27) "Records officer" means the individual appointed by the chief administrative officer of
1317        each governmental entity, or the political subdivision to work with state archives in the
1318        care, maintenance, scheduling, designation, classification, disposal, and preservation of
1319        records.
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 H.B. 289  Enrolled Copy
1320     (28) "Schedule," "scheduling," and their derivative forms mean the process of specifying
1321  the length of time each record series should be retained by a governmental entity for
1322  administrative, legal, fiscal, or historical purposes and when each record series should be
1323  transferred to the state archives or destroyed.
1324     (29) "Sponsored research" means research, training, and other sponsored activities as
1325  defined by the federal Executive Office of the President, Office of Management and
1326  Budget:
1327  (a) conducted:
1328  (i) by an institution within the state system of higher education described in Section
1329  53H-1-102; and
1330  (ii) through an office responsible for sponsored projects or programs; and
1331  (b) funded or otherwise supported by an external:
1332  (i) person that is not created or controlled by the institution within the state system of
1333  higher education; or
1334  (ii) federal, state, or local governmental entity.
1335     (30) "State archives" means the Division of Archives and Records Service created in
1336  Section 63A-12-101.
1337     (31) "State archivist" means the director of the state archives.
1338     (32) "Summary data" means statistical records and compilations that contain data derived
1339  from private, controlled, or protected information but that do not disclose private,
1340  controlled, or protected information.
1341  Section 9. Section 63M-7-404.5 is amended to read:
1342  63M-7-404.5 . Juvenile disposition guidelines.
1343     (1) The sentencing commission shall establish and maintain juvenile disposition guidelines
1344  that:
1345  (a) respond to public comment;
1346  (b) relate dispositional practices and rehabilitative resources;
1347  (c) increase equity in disposition orders;
1348  (d) better define responsibility for disposition orders; and
1349  (e) enhance the discretion of the juvenile court while preserving the role of the Youth
1350  Parole Authority.
1351     (2) The juvenile disposition guidelines shall address how to appropriately respond to
1352  negative and positive behavior of juveniles who are:
1353  (a) nonjudicially adjusted;
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1354        (b) placed on diversion;
1355        (c) placed on probation;
1356        (d) placed on community supervision;
1357        (e) placed in an out-of-home placement; or
1358        (f) placed in a secure care facility.
1359    (3) The juvenile disposition guidelines shall include:
1360        (a) other sanctions and incentives including:
1361  (i) recommended responses that are swift and certain;
1362  (ii) a continuum of community-based options for juveniles living at home;
1363  (iii) recommended responses that target the juvenile's criminogenic risk and needs;
1364  and
1365  (iv) recommended incentives for compliance, including earned discharge credits;
1366        (b) a recommendation that, when a juvenile court interacts with a juvenile described in
1367  Subsection (2), the juvenile court shall consider:
1368  (i) the seriousness of the negative and positive behavior of the juvenile;
1369  (ii) the juvenile's conduct postadjudication; and
1370  (iii) the juvenile's delinquency history; and
1371        (c) appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
1372  described in Section 76-5b-201, [or ]aggravated sexual exploitation of a minor as
1373  described in Section 76-5b-201.1, possession of apparent child sexual abuse material
1374  as described in Section 76-5b-207, distribution of apparent child sexual abuse
1375  material as described in Section 76-5b-208, or unlawful activity regarding obscene
1376  material depicting the sexual abuse of a minor under Section 76-5b-209, including
1377  the application of aggravating and mitigating factors specific to the offense.
1378  Section 10. Section 67-5-21 is amended to read:
1379  67-5-21 . Internet Crimes Against Children (ICAC) unit creation -- Duties --
1380    Employment of staff.
1381    (1) There is created within the Office of the Attorney General the Internet Crimes Against
1382        Children (ICAC) unit to investigate and prosecute cases involving child sexual abuse
1383        material, apparent child sexual abuse material, or obscene child sexual abuse material as
1384        those terms are defined in Section 76-5b-103, and cases involving enticing minors over
1385        the [Internet] internet into illegal sexual acts.
1386    (2) The attorney general may employ investigators, prosecutors, and necessary support staff
1387        for the unit created under Subsection (1).
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1388  Section 11. Section 76-3-203.5 is amended to read:
1389  76-3-203.5 . Habitual violent offender -- Definition -- Procedure -- Penalty.
1390     (1) As used in this section:
1391  (a) "Felony" means any violation of a criminal statute of the state, any other state, the
1392  United States, or any district, possession, or territory of the United States for which
1393  the maximum punishment the offender may be subjected to exceeds one year in
1394  prison.
1395  (b) "Habitual violent offender" means a person convicted within the state of any violent
1396  felony and who on at least two previous occasions has been convicted of a violent
1397  felony and committed to either prison in Utah or an equivalent correctional institution
1398  of another state or of the United States either at initial sentencing or after revocation
1399  of probation.
1400  (c) "Violent felony" means:
1401  (i) any of the following offenses, or any attempt, solicitation, or conspiracy to
1402  commit any of the following offenses punishable as a felony:
1403  (A) arson as described in Section 76-6-102;
1404  (B) causing a catastrophe as described in Subsection 76-6-105(3)(a) or (3)(b);
1405  (C) criminal mischief as described in Section 76-6-106;
1406  (D) aggravated arson as described in Section 76-6-103;
1407  (E) assault by prisoner as described in Section 76-5-102.5;
1408  (F) disarming a police officer as described in Section 76-5-102.8;
1409  (G) aggravated assault as described in Section 76-5-103;
1410  (H) aggravated assault by prisoner as described in Section 76-5-103.5;
1411  (I) mayhem as described in Section 76-5-105;
1412  (J) stalking as described in Subsection 76-5-106.5(2);
1413  (K) threat of terrorism as described in Section 76-5-107.3;
1414  (L) aggravated child abuse as described in Subsection 76-5-109.2(3)(a) or (b);
1415  (M) child torture as described in Section 76-5-109.4;
1416  (N) commission of domestic violence in the presence of a child as described in
1417  Section 76-5-114;
1418  (O) abuse or neglect of a child with a disability as described in Section 76-5-110;
1419  (P) abuse or exploitation of a vulnerable adult as described in Section 76-5-111,
1420  76-5-111.2, 76-5-111.3, or 76-5-111.4;
1421  (Q) endangerment of a child or vulnerable adult as described in Section 76-5-112.5;
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1422  (R) an offense described in Chapter 5, Part 2, Criminal Homicide;
1423  (S) kidnapping as described in Section 76-5-301;
1424  (T) child kidnapping as described in Section 76-5-301.1;
1425  (U) aggravated kidnapping as described in Section 76-5-302;
1426  (V) rape as described in Section 76-5-402;
1427  (W) rape of a child as described in Section 76-5-402.1;
1428  (X) object rape as described in Section 76-5-402.2;
1429  (Y) object rape of a child as described in Section 76-5-402.3;
1430  (Z) forcible sodomy as described in Section 76-5-403;
1431  (AA) sodomy on a child as described in Section 76-5-403.1;
1432  (BB) forcible sexual abuse as described in Section 76-5-404;
1433  (CC) sexual abuse of a child as described in Section 76-5-404.1;
1434  (DD) aggravated sexual abuse of a child as described in Section 76-5-404.3;
1435  (EE) aggravated sexual assault as described in Section 76-5-405;
1436  (FF) sexual exploitation of a minor as described in Section 76-5b-201;
1437  (GG) aggravated sexual exploitation of a minor as described in Section
1438  76-5b-201.1;
1439  (HH) sexual exploitation of a vulnerable adult as described in Section 76-5b-202;
1440  (II) possession of apparent child sexual abuse material as described in Section
1441  76-5b-207;
1442  (JJ) distribution of apparent child sexual abuse material as described in Section
1443  76-5b-208;
1444  (KK) unlawful activity regarding obscene material depicting the sexual abuse of a
1445  minor as described in Section 76-5b-209;
1446  [(II)] (LL) aggravated exploitation of prostitution as described in Subsection
1447  76-5d-208(2)(a);
1448  [(JJ)] (MM) burglary as described in Subsection 76-6-202(3)(b);
1449  [(KK)] (NN) aggravated burglary as described in Section 76-6-203;
1450  [(LL)] (OO) robbery as described in Section 76-6-301;
1451  [(MM)] (PP) aggravated robbery as described in Section 76-6-302;
1452  [(NN)] (QQ) theft by extortion as described in Subsection 76-6-406(1)(a)(i) or
1453  (1)(a)(ii);
1454  [(OO)] (RR) tampering with a witness as described in Section 76-8-508;
1455  [(PP)] (SS) retaliation against a witness, victim, or informant as described in
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 H.B. 289  Enrolled Copy
1456  Section 76-8-508.3;
1457  [(QQ)] (TT) tampering or retaliating against a juror as described in Subsection
1458  76-8-508.5(2)(a)(iii);
1459  [(RR)] (UU) extortion to dismiss a criminal proceeding as described in Subsection
1460  76-6-406(1)(a)(i), (ii), or (ix);
1461  [(SS)] (VV) bus hijacking as described in Section 76-9-1502;
1462  [(TT)] (WW) assault with intent to commit bus hijacking as described in Section
1463  76-9-1503;
1464  [(UU)] (XX) purchase or possession of a dangerous weapon by a restricted person
1465  as described in Section 76-11-305 or 76-11-306;
1466  [(VV)] (YY) unlawful delivery of explosive, chemical, or incendiary devices as
1467  described in Section 76-15-209;
1468  [(WW)] (ZZ) unlawful conduct involving an explosive, chemical, or incendiary
1469  device as described in Section 76-15-210;
1470  [(XX)] (AAA) unlawful conduct involving an explosive, chemical, or incendiary
1471  part as described in Section 76-15-211;
1472  [(YY)] (BBB) unlawful discharge of a firearm or hurling of a missile into a bus or
1473  terminal as described in Section 76-9-1504; and
1474  [(ZZ)] (CCC) felony discharge of a firearm as described in Section 76-11-210.
1475  (ii) any felony violation of a criminal statute of any other state, the United States, or
1476  any district, possession, or territory of the United States which would constitute a
1477  violent felony as defined in this Subsection (1) if committed in this state.
1478     (2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier
1479  of fact determines beyond a reasonable doubt that the person is a habitual violent
1480  offender under this section, the penalty for a:
1481  (a) third degree felony is as if the conviction were for a first degree felony;
1482  (b) second degree felony is as if the conviction were for a first degree felony; or
1483  (c) first degree felony remains the penalty for a first degree penalty except:
1484  (i) the convicted person is not eligible for probation; and
1485  (ii) the Board of Pardons and Parole shall consider that the convicted person is a
1486  habitual violent offender as an aggravating factor in determining the length of
1487  incarceration.
1488     (3)(a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
1489  notice in the information or indictment that the defendant is subject to punishment as
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1490        a habitual violent offender under this section. Notice shall include the case number,
1491        court, and date of conviction or commitment of any case relied upon by the
1492        prosecution.
1493        (b)(i) The defendant shall serve notice in writing upon the prosecutor if the defendant
1494  intends to deny that:
1495  (A) the defendant is the person who was convicted or committed;
1496  (B) the defendant was represented by counsel or had waived counsel; or
1497  (C) the defendant's plea was understandingly or voluntarily entered.
1498  (ii) The notice of denial shall be served not later than five days [prior to] before trial
1499  and shall state in detail the defendant's contention regarding the previous
1500  conviction and commitment.
1501    (4)(a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a
1502        jury, the jury may not be told, until after it returns its verdict on the underlying felony
1503        charge, of the:
1504  (i) defendant's previous convictions for violent felonies, except as otherwise provided
1505  in the Utah Rules of Evidence; or
1506  (ii) allegation against the defendant of being a habitual violent offender.
1507        (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
1508  being an habitual violent offender by the same jury, if practicable, unless the
1509  defendant waives the jury, in which case the allegation shall be tried immediately to
1510  the court.
1511        (c)(i) Before or at the time of sentencing the trier of fact shall determine if this
1512  section applies.
1513  (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
1514  and the defendant shall be afforded an opportunity to present any necessary
1515  additional evidence.
1516  (iii) Before sentencing under this section, the trier of fact shall determine whether this
1517  section is applicable beyond a reasonable doubt.
1518        (d) If any previous conviction and commitment is based upon a plea of guilty or no
1519  contest, there is a rebuttable presumption that the conviction and commitment were
1520  regular and lawful in all respects if the conviction and commitment occurred after
1521  January 1, 1970. If the conviction and commitment occurred [prior to] before January
1522  1, 1970, the burden is on the prosecution to establish by a preponderance of the
1523  evidence that the defendant was then represented by counsel or had lawfully waived
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 H.B. 289  Enrolled Copy
1524  the right to have counsel present, and that the defendant's plea was understandingly
1525  and voluntarily entered.
1526  (e) If the trier of fact finds this section applicable, the court shall enter that specific
1527  finding on the record and shall indicate in the order of judgment and commitment
1528  that the defendant has been found by the trier of fact to be a habitual violent offender
1529  and is sentenced under this section.
1530     (5)(a) The sentencing enhancement provisions of Section 76-3-407 supersede the
1531  provisions of this section.
1532  (b)(i) Notwithstanding Subsection (5)(a) and except as provided in Subsection
1533  (5)(b)(ii), the "violent felony" offense defined in Subsection (1)(c) shall include
1534  any felony sexual offense violation of Chapter 5, Part 4, Sexual Offenses, to
1535  determine if the convicted person is a habitual violent offender.
1536  (ii) The "violent felony" offense defined in Subsection (1)(c) does not include any
1537  felony sexual offense violation of:
1538  (A) enticing a minor, Section 76-5-417;
1539  (B) lewdness, Section 76-5-419; or
1540  (C) lewdness involving a child, Section 76-5-420.
1541     (6) The sentencing enhancement described in this section does not apply if:
1542  (a) the offense for which the person is being sentenced is:
1543  (i) a grievous sexual offense;
1544  (ii) child kidnapping, Section 76-5-301.1;
1545  (iii) aggravated kidnapping, Section 76-5-302; or
1546  (iv) forcible sexual abuse, Section 76-5-404; and
1547  (b) applying the sentencing enhancement provided for in this section would result in a
1548  lower maximum penalty than the penalty provided for under the section that
1549  describes the offense for which the person is being sentenced.
1550  Section 12. Section 76-3-407 is amended to read:
1551  76-3-407 . Repeat and habitual sex offenders -- Additional prison term for prior
1552     felony convictions. -- Mandatory imprisonment for entire term of imprisonment.
1553     (1) As used in this section:
1554  (a)(i) "Prior sexual offense" means:
1555  (A) a felony offense described in Chapter 5, Part 4, Sexual Offenses;
1556  (B) sexual exploitation of a minor, Section 76-5b-201;
1557  (C) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
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1558  (D) possession of apparent child sexual abuse material, Section 76-5b-207;
1559  (E) distribution of apparent child sexual abuse material, Section 76-5b-208;
1560  (F) unlawful activity regarding obscene material depicting the sexual abuse of a
1561  minor, Section 76-5b-209;
1562  [(D)] (G) a felony attempt to commit an offense described in Subsections
1563  (1)(a)(i)(A) through [(C)] (F); or
1564  [(E)] (H) an offense in another state, territory, or district of the United States that,
1565  if committed in Utah, would constitute an offense described in Subsections
1566  (1)(a)(i)(A) through [(D)] (G).
1567  (ii) "Prior sexual offense" does not include:
1568  (A) lewdness, as described in Section 76-5-419; or
1569  (B) lewdness involving a child, as described in Section 76-5-420.
1570        (b)(i) "Sexual offense" means:
1571  (A) an offense that is a second or third degree felony, or an attempted offense,
1572  which attempt is a second or third degree felony, described in Chapter 5, Part
1573  4, Sexual Offenses;
1574  (B) sexual exploitation of a minor, Section 76-5b-201;
1575  (C) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
1576  (D) possession of apparent child sexual abuse material, Section 76-5b-207;
1577  (E) distribution of apparent child sexual abuse material, Section 76-5b-208;
1578  (F) unlawful activity regarding obscene material depicting the sexual abuse of a
1579  minor, Section 76-5b-209;
1580  [(D)] (G) a felony attempt to commit an offense described in Subsections
1581  (1)(b)(i)(B) [and (C)] through (F); or
1582  [(E)] (H) an offense in another state, territory, or district of the United States that,
1583  if committed in Utah, would constitute an offense described in Subsections
1584  (1)(b)(i)(A) through [(D)] (G).
1585  (ii) "Sexual offense" does not include:
1586  (A) lewdness, as described in Section 76-5-419; or
1587  (B) lewdness involving a child, as described in Section 76-5-420.
1588    (2) Notwithstanding any other provision of law, the minimum and maximum penalty for a
1589        sexual offense is increased by five years for each conviction of the defendant for a prior
1590        sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
1591        (a) the defendant was convicted of a prior sexual offense; and
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 H.B. 289  Enrolled Copy
1592  (b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a)
1593  before the defendant committed the sexual offense for which the defendant is being
1594  sentenced.
1595     (3) The increased term described in Subsection (2) shall be in addition to, and consecutive
1596  to, any other prison term served by the defendant.
1597     (4) If a defendant's conviction is increased under this section, the defendant's entire
1598  sentence for the conviction is subject to mandatory imprisonment under Section 76-3-406.
1599  Section 13. Section 76-5b-103 is amended to read:
1600  76-5b-103 . Definitions.
1601        As used in this chapter:
1602     (1) "Apparent child sexual abuse material" means a visual depiction, generated or created
1603  through the use of artificial intelligence or generative artificial intelligence, or any other
1604  means, of a minor engaging in, observing, or being used for sexually explicit conduct
1605  where the minor in the visual depiction:
1606  (a)(i) has prepubescent features; or
1607  (ii) appears to be a minor under 12 years old; and
1608  (b) is sufficiently similar to a real minor such that it would lead a reasonable person
1609  viewing the depiction to conclude that the depiction is of a real minor.
1610     (2) "Artificial intelligence" means the same as that term is defined in Section 20A-11-1104.
1611     [(1)] (3) "Child sexual abuse material" means any visual depiction, including any live
1612  performance, photograph, film, video, or picture, [or computer or computer-generated
1613  image, picture, or video, ]whether made or produced by electronic, mechanical, or other
1614  means, of sexually explicit conduct, where:
1615  (a) the production of the visual depiction involves the use of a minor engaging in,
1616  observing, or being used for sexually explicit conduct;
1617  (b) the visual depiction is[:]
1618  [(i)] of a minor engaging in, observing, or being used for sexually explicit conduct; or
1619  [(ii) artificially generated and depicts an individual with substantial characteristics of
1620  a minor engaging in, observing, or being used for sexually explicit conduct; or]
1621  (c) the visual depiction has been created, adapted, or modified to appear that an
1622  identifiable minor is engaging in, observing, or being used for sexually explicit
1623  conduct.
1624     [(2)] (4) "Children's Justice Center" means a facility or satellite office established under the
1625  Children's Justice Center Program described in Section 67-5b-102.
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1626    [(3)] (5) "Distribute" means, with or without consideration, to sell, exhibit, display, provide,
1627        give, grant admission to, provide access to, or otherwise transfer.
1628    [(4)] (6) "Female breast" means the undeveloped, partially developed, or developed breast
1629        of a female individual.
1630    (7) "Generative artificial intelligence" means the same as that term is defined in Section
1631        20A-11-1104.
1632    [(5)] (8) "Identifiable minor" means an individual:
1633        (a)(i) who was a minor at the time the visual depiction was created, adapted, or
1634  modified; or
1635  (ii) whose image as a minor was used in creating, adapting, or modifying the visual
1636  depiction; and
1637        (b) who is recognizable as an actual individual by the individual's face, likeness, or other
1638  distinguishing characteristic, such as a birthmark, or other recognizable feature.
1639    [(6)] (9) "Identifiable vulnerable adult" means an individual:
1640        (a)(i) who was a vulnerable adult at the time the visual depiction was created,
1641  adapted, or modified; or
1642  (ii) whose image as a vulnerable adult was used in creating, adapting, or modifying
1643  the visual depiction; and
1644        (b) who is recognizable as an actual individual by the individual's face, likeness, or other
1645  distinguishing characteristic, such as a birthmark, or other recognizable feature.
1646    [(7)] (10) "Lacks capacity to consent" means the same as that term is defined in Section
1647        76-5-111.4.
1648    [(8)] (11) "Live performance" means any act, play, dance, pantomime, song, or other
1649        activity performed by live actors in person.
1650    [(9)] (12) "Minor" means an individual who is younger than 18 years old.
1651    [(10)] (13) "Nudity or partial nudity" means any state of dress or undress in which the
1652        human genitals, pubic region, buttocks, or the female breast, at a point below the top of
1653        the areola, is less than completely and opaquely covered.
1654    (14) "Obscene child sexual abuse material" means a visual depiction of any kind that:
1655        (a) depicts a minor engaging in, observing, or being used for sexually explicit conduct;
1656  and
1657        (b) the average individual, applying contemporary community standards, finds that,
1658  taken as a whole, the visual depiction:
1659  (i) appeals to prurient interest in sex;
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 H.B. 289  Enrolled Copy
1660  (ii) is patently offensive; and
1661  (iii) does not have serious literary, artistic, political, or scientific value.
1662     [(11)] (15) "Produce" means:
1663  (a) the photographing, filming, taping, directing, producing, creating, designing, or
1664  composing of apparent child sexual abuse material, child sexual abuse material,
1665  obscene child sexual abuse material, or vulnerable adult sexual abuse material; or
1666  (b) the securing or hiring of individuals to engage in the photographing, filming, taping,
1667  directing, producing, creating, designing, or composing of apparent child sexual
1668  abuse material, child sexual abuse material, obscene child sexual abuse material, or
1669  vulnerable adult sexual abuse material.
1670     [(12)] (16) "Sexually explicit conduct" means actual or simulated:
1671  (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,
1672  whether between individuals of the same or opposite sex;
1673  (b) masturbation;
1674  (c) bestiality;
1675  (d) sadistic or masochistic activities;
1676  (e) lascivious exhibition of the genitals, pubic region, buttocks, or female breast of any
1677  individual;
1678  (f) the visual depiction of nudity or partial nudity for the purpose of causing sexual
1679  arousal of any individual;
1680  (g) the fondling or touching of the genitals, pubic region, buttocks, or female breast; or
1681  (h) the visual depiction of defecation or urination for the purpose of causing sexual
1682  arousal of any individual.
1683     [(13)] (17) "Simulated sexually explicit conduct" means a feigned or pretended act of
1684  sexually explicit conduct which duplicates, within the perception of an average person,
1685  the appearance of an actual act of sexually explicit conduct.
1686     [(14)] (18) "Vulnerable adult" means the same as that term is defined in Subsection
1687  76-5-111(1).
1688     [(15)] (19) "Vulnerable adult sexual abuse material" means any visual depiction, including
1689  any live performance, photograph, film, video, picture, or computer or
1690  computer-generated image or picture, whether made or produced by electronic,
1691  mechanical, or other means, of sexually explicit conduct, where:
1692  (a) the production of the visual depiction involves the use of a vulnerable adult engaging
1693  in sexually explicit conduct;
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1694        (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct; or
1695        (c) the visual depiction has been created, adapted, or modified to appear that an
1696  identifiable vulnerable adult is engaging in sexually explicit conduct.
1697  Section 14. Section 76-5b-206 is amended to read:
1698  76-5b-206 . Failure to report child sexual abuse material by a computer
1699    technician.
1700    (1)(a) As used in this section, "computer technician" means an individual who in the
1701        course and scope of the individual's employment for compensation installs,
1702        maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal
1703        computer networks, or peripheral equipment.
1704        (b) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
1705    (2) An actor commits failure to report child sexual abuse material by a computer technician
1706        if:
1707        (a) the actor is a computer technician;
1708        (b) in the actor's course of employment for compensation the actor views an image on a
1709  computer or other electronic device that:
1710  (i) is child sexual abuse material, apparent child sexual abuse material, or obscene
1711  child sexual abuse material;
1712  (ii) appears to be child sexual abuse material, apparent child sexual abuse material, or
1713  obscene child sexual abuse material; or
1714  (iii) the actor reasonably believes is child sexual abuse material, apparent child sexual
1715  abuse material, or obscene child sexual abuse material; and
1716        (c) the actor willfully fails to immediately report the finding of the image to:
1717  (i) a state or local law enforcement agency;
1718  (ii) the Cyber Tip Line at the National Center for Missing and Exploited Children; or
1719  (iii) an employee designated by the employer of the computer technician in
1720  accordance with Subsection (7).
1721    (3) A violation of Subsection (2) is a class B misdemeanor.
1722    (4) The identity of the computer technician who reports an image that is or appears to be
1723        child sexual abuse material, apparent child sexual abuse material, or obscene child
1724        sexual abuse material shall be confidential, except as necessary for the criminal
1725        investigation and the judicial process.
1726    (5)(a) If a computer technician makes or does not make a report under this section and is
1727        acting in good faith, the technician is immune from any criminal or civil liability
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1728  related to reporting or not reporting the image.
1729  (b) Good faith described in Subsection (5)(a) may be presumed from a computer
1730  technician's previous course of conduct when the computer technician has made
1731  appropriate reports.
1732     (6) It is a defense to prosecution under this section that the computer technician did not
1733  report the image because the computer technician reasonably believed the image did not
1734  depict an individual younger than 18 years old.
1735     (7)(a) An employer of a computer technician may implement a procedure that requires:
1736  (i) the computer technician report an image as is required under Subsection (2) to an
1737  employee designated by the employer to receive the report of the image; and
1738  (ii) the designated employee to immediately forward the report provided by the
1739  computer technician to an agency described in Subsection (2)(c)(i).
1740  (b) Compliance by the computer technician and the designated employee with the
1741  reporting process under Subsection (7)(a) is compliance with the reporting
1742  requirement of Subsection (2)(c) and establishes immunity under Subsection (5)(a).
1743     (8) This section does not apply to an [Internet] internet service provider or interactive
1744  computer service, as defined in 47 U.S.C. Sec. 230(f)(2), a provider of an electronic
1745  communications service as defined in 18 U.S.C. Sec. 2510, a telecommunications
1746  service, information service, or mobile service as defined in 47 U.S.C. Sec. 153,
1747  including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or a cable
1748  operator as defined in 47 U.S.C. Sec. 522, if the provider reports the image in
1749  compliance with 18 U.S.C. 2258A or a successor federal statute that requires reporting
1750  by a provider of an image of child sexual abuse material, apparent child sexual abuse
1751  material, or obscene child sexual abuse material.
1752  Section 15. Section 76-5b-207 is enacted to read:
1753  76-5b-207 . Possession of apparent child sexual abuse material.
1754     (1) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
1755     (2) An actor commits possession of apparent child sexual abuse material if the actor
1756  intentionally or knowingly possesses, views, accesses with intent to view, or maintains
1757  access with intent to view apparent child sexual abuse material.
1758     (3) A violation of Subsection (2) is a second degree felony.
1759     (4) It is a separate offense under this section:
1760  (a) for each minor depicted in the apparent child sexual abuse material; and
1761  (b) for each time the same minor is depicted in different apparent child sexual abuse
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1762  material.
1763    (5) For a charge of violating this section, it is an affirmative defense that:
1764        (a) the defendant:
1765  (i) is not more than two years older than the minor depicted in the apparent child
1766  sexual abuse material; and
1767  (ii) upon request of a law enforcement officer removes from an electronic device or
1768  destroys the apparent child sexual abuse material and all copies of the apparent
1769  child sexual abuse material in the defendant's possession; and
1770        (b) the apparent child sexual abuse material does not depict an offense under Chapter 5,
1771  Part 4, Sexual Offenses.
1772    (6) In proving a violation of this section, proof that the minor depicted in the apparent child
1773        sexual abuse material is a real minor that exists is not required.
1774    (7) The following are not criminally or civilly liable under this section when acting in good
1775        faith compliance with Section 77-4-201:
1776        (a) an entity or an employee, director, officer, or agent of an entity when acting within
1777  the scope of employment, for the good faith performance of:
1778  (i) reporting or data preservation duties required under federal or state law; or
1779  (ii) implementing a policy of attempting to prevent the presence of apparent child
1780  sexual abuse material on tangible or intangible property, or of detecting and
1781  reporting the presence of apparent child sexual abuse material on the property;
1782        (b) a law enforcement officer, a civilian employee of a law enforcement agency, or an
1783  independent contractor who is contracted with a law enforcement agency, acting
1784  within the scope of a criminal investigation;
1785        (c) an employee of a court who may be required to view apparent child sexual abuse
1786  material during the course of and within the scope of the employee's employment;
1787        (d) a juror who may be required to view apparent child sexual abuse material during the
1788  course of the individual's service as a juror;
1789        (e) an attorney or employee of an attorney who is required to view apparent child sexual
1790  abuse material during the course of a judicial process and while acting within the
1791  scope of employment;
1792        (f) an employee of the Department of Health and Human Services who is required to
1793  view apparent child sexual abuse material within the scope of the employee's
1794  employment;
1795        (g) an employee, independent contractor, or designated interviewer of a Children's
                                                 - 53 -
 H.B. 289  Enrolled Copy
1796  Justice Center, who is required to view apparent child sexual abuse material within
1797  the scope of the employee's, independent contractor's, or designated interviewer's
1798  scope of employment or assignment; or
1799  (h) an attorney who is required to view apparent child sexual abuse material within the
1800  scope of the attorney's responsibility to represent the Department of Health and
1801  Human Services, including the divisions and offices within the Department of Health
1802  and Human Services.
1803  Section 16. Section 76-5b-208 is enacted to read:
1804  76-5b-208 . Distribution or production of apparent child sexual abuse material.
1805     (1) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
1806     (2) An actor commits distribution of apparent child sexual abuse material if the actor
1807  intentionally:
1808  (a) distributes apparent child sexual abuse material; or
1809  (b) produces apparent child sexual abuse material.
1810     (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a first
1811  degree felony.
1812  (b) If an actor is under 18 years old at the time the actor commits the offense, a violation
1813  of Subsection (2) is a second degree felony.
1814     (4) It is a separate offense under this section:
1815  (a) for each minor depicted in the apparent child sexual abuse material; and
1816  (b) for each time the same minor is depicted in different apparent child sexual abuse
1817  material.
1818     (5) In proving a violation of this section, proof that the minor depicted in the apparent child
1819  sexual abuse material is a real minor that exists is not required.
1820     (6) The following are not criminally or civilly liable under this section when acting in good
1821  faith compliance with Section 77-4-201:
1822  (a) an entity or an employee, director, officer, or agent of an entity when acting within
1823  the scope of employment, for the good faith performance of:
1824  (i) reporting or data preservation duties required under federal or state law; or
1825  (ii) implementing a policy of attempting to prevent the presence of apparent child
1826  sexual abuse material on tangible or intangible property, or of detecting and
1827  reporting the presence of apparent child sexual abuse material on the property;
1828  (b) a law enforcement officer, a civilian employee of a law enforcement agency, or an
1829  independent contractor who is contracted with a law enforcement agency, acting
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1830  within the scope of a criminal investigation;
1831        (c) an employee of a court who may be required to view apparent child sexual abuse
1832  material during the course of and within the scope of the employee's employment;
1833        (d) a juror who may be required to view apparent child sexual abuse material during the
1834  course of the individual's service as a juror;
1835        (e) an attorney or employee of an attorney who is required to view apparent child sexual
1836  abuse material during the course of a judicial process and while acting within the
1837  scope of employment;
1838        (f) an employee of the Department of Health and Human Services who is required to
1839  view apparent child sexual abuse material within the scope of the employee's
1840  employment;
1841        (g) an employee, independent contractor, or designated interviewer of a Children's
1842  Justice Center, who is required to view apparent child sexual abuse material within
1843  the scope of the employee's, independent contractor's, or designated interviewer's
1844  scope of employment or assignment; or
1845        (h) an attorney who is required to view apparent child sexual abuse material within the
1846  scope of the attorney's responsibility to represent the Department of Health and
1847  Human Services, including the divisions and offices within the Department of Health
1848  and Human Services.
1849  Section 17. Section 76-5b-209 is enacted to read:
1850  76-5b-209 . Unlawful activity regarding obscene material depicting the sexual
1851    abuse of a minor.
1852    (1) Terms defined in Sections 76-1-101.5 and 76-5b-103 apply to this section.
1853    (2) Under circumstances not amounting to an offense under Section 76-5b-201 or
1854        76-5b-201.1, an actor commits unlawful activity regarding obscene material depicting
1855        the sexual abuse of a minor if the actor intentionally or knowingly:
1856        (a) produces obscene child sexual abuse material;
1857        (b) distributes obscene child sexual abuse material;
1858        (c) receives obscene child sexual abuse material; or
1859        (d) possesses obscene child sexual abuse material with the intent to distribute the
1860  obscene child sexual abuse material.
1861    (3) A violation of Subsection (2) is a second degree felony.
1862    (4) For a charge of violating this section, it is an affirmative defense that:
1863        (a) the defendant:
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 H.B. 289  Enrolled Copy
1864  (i) did not solicit the obscene child sexual abuse material from any minor depicted in
1865  the child sexual abuse material;
1866  (ii) is not more than two years older than any minor depicted in the obscene child
1867  sexual abuse material; and
1868  (iii) upon request of a law enforcement officer or any minor depicted in the obscene
1869  child sexual abuse material, removes from an electronic device or destroys the
1870  obscene child sexual abuse material and all copies of the obscene child sexual
1871  abuse material in the defendant's possession; and
1872  (b) the obscene child sexual abuse material does not depict an offense under Chapter 5,
1873  Part 4, Sexual Offenses.
1874     (5) The following are not criminally or civilly liable under this section when acting in good
1875  faith compliance with Section 77-4-201:
1876  (a) an entity or an employee, director, officer, or agent of an entity when acting within
1877  the scope of employment, for the good faith performance of:
1878  (i) reporting or data preservation duties required under federal or state law; or
1879  (ii) implementing a policy of attempting to prevent the presence of obscene child
1880  sexual abuse material on tangible or intangible property, or of detecting and
1881  reporting the presence of obscene child sexual abuse material on the property;
1882  (b) a law enforcement officer, a civilian employee of a law enforcement agency, or an
1883  independent contractor who is contracted with a law enforcement agency, acting
1884  within the scope of a criminal investigation;
1885  (c) an employee of a court who may be required to view obscene child sexual abuse
1886  material during the course of and within the scope of the employee's employment;
1887  (d) a juror who may be required to view obscene child sexual abuse material during the
1888  course of the individual's service as a juror;
1889  (e) an attorney or employee of an attorney who is required to view obscene child sexual
1890  abuse material during the course of a judicial process and while acting within the
1891  scope of employment;
1892  (f) an employee of the Department of Health and Human Services who is required to
1893  view obscene child sexual abuse material within the scope of the employee's
1894  employment;
1895  (g) an employee, independent contractor, or designated interviewer of a Children's
1896  Justice Center, who is required to view obscene child sexual abuse material within
1897  the scope of the employee's, independent contractor's, or designated interviewer's
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1898  scope of employment or assignment; or
1899        (h) an attorney who is required to view obscene child sexual abuse material within the
1900  scope of the attorney's responsibility to represent the Department of Health and
1901  Human Services, including the divisions and offices within the Department of Health
1902  and Human Services.
1903  Section 18. Section 76-5b-301 is amended to read:
1904  76-5b-301 . Determination whether material violates chapter.
1905    (1) In determining whether material is in violation of this chapter, the material need not be
1906        considered as a whole, but may be examined by the trier of fact in part only.
1907    (2) [It] Unless specifically provided in an offense, it is not an element [of the offense of
1908        sexual exploitation of a minor] for an offense described in this chapter that the applicable
1909        material appeal to the prurient interest in sex of the average person nor that prohibited
1910        conduct need be portrayed in a patently offensive manner.
1911    [(3) It is not an element of the offense of sexual exploitation of a vulnerable adult that the
1912        material appeal to the prurient interest in sex of the average person nor that prohibited
1913        conduct need be portrayed in a patently offensive manner.]
1914  Section 19. Section 76-5d-202 is amended to read:
1915  76-5d-202 . Engaging in prostitution.
1916    (1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.
1917    (2) An actor commits the offense of engaging in prostitution if the actor:
1918        (a) is 18 years old or older; and
1919        (b) engages in sexual activity with another individual in exchange for receiving a fee, or
1920  the functional equivalent of a fee.
1921    (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B
1922        misdemeanor.
1923        (b) A violation of Subsection (2) is a class A misdemeanor if the actor has previously
1924  been convicted of:
1925  (i) a violation of Subsection (2);
1926  (ii) a local ordinance adopted in accordance with Section 76-5d-102 addressing the
1927  same or similar type of violation to the violation described in Subsection (2); or
1928  (iii) a criminal violation in another jurisdiction, including a state, federal, or military
1929  court, that is substantially equivalent to the violation described in Subsection (2).
1930    (4) A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor
1931        engages in a violation of Subsection (2) at or near the time the actor witnesses or is a
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 H.B. 289  Enrolled Copy
1932        victim of any of the following offenses, or an attempt to commit any of the following
1933        offenses, and the actor reports the offense or attempt to law enforcement in good faith:
1934        (a) assault as described in Section 76-5-102;
1935        (b) aggravated assault as described in Section 76-5-103;
1936        (c) mayhem as described in Section 76-5-105;
1937        (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
1938  homicide, or homicide by assault as described in Chapter 5, Part 2, Criminal
1939  Homicide;
1940        (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
1941  aggravated human trafficking, human smuggling or aggravated human smuggling, or
1942  human trafficking of a child as described in Chapter 5, Part 3, Kidnapping,
1943  Trafficking, and Smuggling;
1944        (f) rape as described in Section 76-5-402;
1945        (g) rape of a child as described in Section 76-5-402.1;
1946        (h) object rape as described in Section 76-5-402.2;
1947        (i) object rape of a child as described in Section 76-5-402.3;
1948        (j) forcible sodomy as described in Section 76-5-403;
1949        (k) sodomy on a child as described in Section 76-5-403.1;
1950        (l) forcible sexual abuse as described in Section 76-5-404;
1951        (m) sexual abuse of a child as described in Section 76-5-404.1, or aggravated sexual
1952  abuse of a child, Section 76-5-404.3;
1953        (n) aggravated sexual assault as described in Section 76-5-405;
1954        (o) sexual exploitation of a minor as described in Section 76-5b-201;
1955        (p) aggravated sexual exploitation of a minor as described in Section 76-5b-201.1;
1956        (q) sexual exploitation of a vulnerable adult as described in Section 76-5b-202;
1957        (r) possession of apparent child sexual abuse material as described in Section 76-5b-207;
1958        (s) distribution of apparent child sexual abuse material as described in Section 76-5b-208;
1959        (t) unlawful activity regarding obscene material depicting the sexual abuse of a minor as
1960  described in Section 76-5b-209;
1961        [(r)] (u) burglary of a dwelling as described in Subsection 76-6-202(3)(b);
1962        [(s)] (v) aggravated burglary as described in Section 76-6-203;
1963        [(t)] (w) robbery as described in Section 76-6-301;
1964        [(u)] (x) aggravated robbery as described in Section 76-6-302; or
1965        [(v)] (y) theft by extortion as described in Section 76-6-406 under the circumstances
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 Enrolled Copy  H.B. 289
1966  described in Subsection 76-6-406(1)(a)(i) or (ii).
1967    (5) A violation under this section that is a class A misdemeanor may be prosecuted by an
1968        attorney of a city or a town as well as by prosecutors authorized in the code to prosecute
1969        a violation under this section.
1970  Section 20. Section 76-17-401 is amended to read:
1971  76-17-401 . Definitions.
1972       As used in this part:
1973    (1)(a) "Enterprise" means an individual, sole proprietorship, partnership, corporation,
1974        business trust, association, or other legal entity, and a union or group of individuals
1975        associated in fact although not a legal entity.
1976        (b) "Enterprise" includes illicit as well as licit entities.
1977    (2) "Pattern of unlawful activity" means engaging in conduct that constitutes the
1978        commission of at least three episodes of unlawful activity, which episodes are not
1979        isolated, but have the same or similar purposes, results, participants, victims, or methods
1980        of commission, or otherwise are interrelated by distinguishing characteristics. Taken
1981        together, the episodes shall demonstrate continuing unlawful conduct and be related
1982        either to each other or to the enterprise. At least one of the episodes comprising a
1983        pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act
1984        constituting part of a pattern of unlawful activity as defined by this part shall have
1985        occurred within five years of the commission of the next preceding act alleged as part of
1986        the pattern.
1987    (3) "Person" includes an individual or entity capable of holding a legal or beneficial interest
1988        in property, including state, county, and local governmental entities.
1989    (4) "Unlawful activity" means to directly engage in conduct or to solicit, request, command,
1990        encourage, or intentionally aid another person to engage in conduct that would constitute
1991        an offense described by the following crimes or categories of crimes, or to attempt or
1992        conspire to engage in an act that would constitute any of those offenses, regardless of
1993        whether the act is in fact charged or indicted by an authority or is classified as a
1994        misdemeanor or a felony:
1995        (a) an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized
1996  Recording Practices Act;
1997        (b) an act prohibited by the criminal provisions under Title 19, Environmental Quality
1998  Code, Sections 19-1-101 through 19-7-109;
1999        (c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose
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 H.B. 289  Enrolled Copy
2000  of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or
2001  Section 23A-5-311;
2002        (d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B,
2003  Chapter 3, Part 11, Utah False Claims Act, Sections 26B-3-1101 through 26B-3-1112;
2004        (e) an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal
2005  Offenses and Procedure Act;
2006        (f) unlawful marking of pistol or revolver under Section 53-5a-105;
2007        (g) alteration of number or mark on pistol or revolver under Section 53-5a-106;
2008        (h) an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah
2009  Uniform Land Sales Practices Act;
2010        (i) an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah
2011  Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances
2012  Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58,
2013  Chapter 37d, Clandestine Drug Lab Act;
2014        (j) an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform
2015  Securities Act;
2016        (k) an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah
2017  Procurement Code;
2018        (l) assault under Section 76-5-102;
2019        (m) aggravated assault under Section 76-5-103;
2020        (n) a threat of terrorism under Section 76-5-107.3;
2021        (o) a criminal homicide offense under Section 76-5-201;
2022        (p) kidnapping under Section 76-5-301;
2023        (q) aggravated kidnapping under Section 76-5-302;
2024        (r) human trafficking for labor under Section 76-5-308;
2025        (s) human trafficking for sexual exploitation under Section 76-5-308.1;
2026        (t) human smuggling under Section 76-5-308.3;
2027        (u) human trafficking of a child under Section76-5-308.5;
2028        (v) benefiting from trafficking and human smuggling under Section 76-5-309;
2029        (w) aggravated human trafficking under Section 76-5-310;
2030        (x) sexual exploitation of a minor under Section 76-5b-201;
2031        (y) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
2032        (z) sexual extortion under Section 76-5b-204;
2033        (aa) possession of apparent child sexual abuse material under Section 76-5b-207;
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 Enrolled Copy  H.B. 289
2034        (bb) distribution of apparent child sexual abuse material under Section 76-5b-208;
2035        (cc) unlawful activity regarding obscene material depicting the sexual abuse of a minor
2036  under Section 76-5b-209;
2037        [(aa)] (dd) arson under Section 76-6-102;
2038        [(bb)] (ee) aggravated arson under Section76-6-103;
2039        [(cc)] (ff) causing a catastrophe under Section 76-6-105;
2040        [(dd)] (gg) burglary under Section 76-6-202;
2041        [(ee)] (hh) aggravated burglary under Section 76-6-203;
2042        [(ff)] (ii) burglary of a vehicle under Section 76-6-204;
2043        [(gg)] (jj) manufacture or possession of an instrument for burglary or theft under Section
2044  76-6-205;
2045        [(hh)] (kk) robbery under Section 76-6-301;
2046        [(ii)] (ll) aggravated robbery under Section 76-6-302;
2047        [(jj)] (mm) theft under Section 76-6-404;
2048        [(kk)] (nn) theft by deception under Section 76-6-405;
2049        [(ll)] (oo) theft by extortion under Section 76-6-406;
2050        [(mm)] (pp) receiving stolen property under Section 76-6-408;
2051        [(nn)] (qq) theft of services under Section 76-6-409;
2052        [(oo)] (rr) forgery under Section 76-6-501;
2053        [(pp)] (ss) unlawful use of financial transaction card under Section 76-6-506.2;
2054        [(qq)] (tt) unlawful acquisition, possession, or transfer of financial transaction card under
2055  Section 76-6-506.3;
2056        [(rr)] (uu) financial transaction card offenses under Section 76-6-506.6;
2057        [(ss)] (vv) deceptive business practices under Section 76-6-507;
2058        [(tt)] (ww) bribery or receiving bribe by person in the business of selection, appraisal, or
2059  criticism of goods under Section 76-6-508;
2060        [(uu)] (xx) bribery of a labor official under Section 76-6-509;
2061        [(vv)] (yy) defrauding creditors under Section 76-6-511;
2062        [(ww)] (zz) acceptance of deposit by insolvent financial institution under Section
2063  76-6-512;
2064        [(xx)] (aaa) unlawful dealing with property by fiduciary under Section 76-6-513;
2065        [(yy)] (bbb) unlawful influence of a contest under Section 76-6-514;
2066        [(zz)] (ccc) making a false credit report under Section 76-6-517;
2067        [(aaa)] (ddd) criminal simulation under Section 76-6-518;
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 H.B. 289  Enrolled Copy
2068        [(bbb)] (eee) criminal usury under Section 76-6-520;
2069        [(ccc)] (fff) insurance fraud under Section 76-6-521;
2070        [(ddd)] (ggg) retail theft under Section 76-6-602;
2071        [(eee)] (hhh) computer crimes under Section 76-6-703;
2072        [(fff)] (iii) identity fraud under Section 76-6-1102;
2073        [(ggg)] (jjj) mortgage fraud under Section 76-6-1203;
2074        [(hhh)] (kkk) sale of a child under Section 76-7-203;
2075        [(iii)] (lll) bribery or offering a bribe under Section 76-8-103;
2076        [(jjj)] (mmm) threat to influence official or political action under Section 76-8-104;
2077        [(kkk)] (nnn) receiving bribe or bribery by public servant under Section 76-8-105;
2078        [(lll)] (ooo) receiving bribe for endorsement of person as a public servant under Section
2079  76-8-106;
2080        [(mmm)] (ppp) bribery for endorsement of person as public servant under Section
2081  76-8-106.1;
2082        [(nnn)] (qqq) official misconduct based on unauthorized act or failure of duty under
2083  Section 76-8-201;
2084        [(ooo)] (rrr) official misconduct concerning inside information under Section 76-8-202;
2085        [(ppp)] (sss) obstruction of justice in a criminal investigation or proceeding under
2086  Section 76-8-306;
2087        [(qqq)] (ttt) acceptance of bribe or bribery to prevent criminal prosecution under Section
2088  76-8-308;
2089        [(rrr)] (uuu) harboring or concealing offender who has escaped from official custody
2090  under Section 76-8-309.2;
2091        [(sss)] (vvv) making a false or inconsistent material statement under Section 76-8-502;
2092        [(ttt)] (www) making a false or inconsistent statement under Section 76-8-503;
2093        [(uuu)] (xxx) making a written false statement under Section 76-8-504;
2094        [(vvv)] (yyy) tampering with a witness under Section 76-8-508;
2095        [(www)] (zzz) retaliation against a witness, victim, or informant under Section 76-8-508.3;
2096        [(xxx)] (aaaa) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
2097        [(yyy)] (bbbb) extortion or bribery to dismiss a criminal proceeding under Section
2098  76-8-509;
2099        [(zzz)] (cccc) tampering with evidence under Section 76-8-510.5;
2100        [(aaaa)] (dddd) falsification or alteration of a government record under Section 76-8-511,
2101  if the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11,
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 Enrolled Copy  H.B. 289
2102  Lobbyist Disclosure and Regulation Act;
2103        [(bbbb)] (eeee) public assistance fraud by an applicant for public assistance under
2104  Section 76-8-1203.1;
2105        [(cccc)] (ffff) public assistance fraud by a recipient of public assistance under Section
2106  76-8-1203.3;
2107        [(dddd)] (gggg) public assistance fraud by a provider under Section 76-8-1203.5;
2108        [(eeee)] (hhhh) fraudulently misappropriating public assistance funds under Section
2109  76-8-1203.7;
2110        [(ffff)] (iiii) false statement to obtain or increase unemployment compensation under
2111  Section 76-8-1301;
2112        [(gggg)] (jjjj) false statement to prevent or reduce unemployment compensation or
2113  liability under Section 76-8-1302;
2114        [(hhhh)] (kkkk) unlawful failure to comply with Employment Security Act requirements
2115  under Section 76-8-1303;
2116        [(iiii)] (llll) unlawful use or disclosure of employment information under Section
2117  76-8-1304;
2118        [(jjjj)] (mmmm) intentionally or knowingly causing one animal to fight with another
2119  under Subsection 76-13-202(2)(d) or (3), or Section 76-13-205 or 76-13-206
2120  concerning dog fighting;
2121        [(kkkk)] (nnnn) soliciting, recruiting, enticing, or intimidating a minor to join a criminal
2122  street gang under Section 76-9-803;
2123        [(llll)] (oooo) aggravated soliciting, recruiting, enticing, or intimidating a minor to join a
2124  criminal street gang under Section 76-9-803.1;
2125        [(mmmm)] (pppp) intimidating a minor to remain in a criminal street gang under Section
2126  76-9-803.2;
2127        [(nnnn)] (qqqq) aggravated intimidating a minor to remain in a criminal street gang under
2128  Section 76-9-803.3;
2129        [(oooo)] (rrrr) unlawful conduct involving an explosive, chemical, or incendiary device
2130  under Section 76-15-210;
2131        [(pppp)] (ssss) unlawful conduct involving an explosive, chemical, or incendiary part
2132  under Section 76-15-211;
2133        [(qqqq)] (tttt) unlawful delivery or mailing of an explosive, chemical, or incendiary
2134  device under Section 76-15-209;
2135        [(rrrr)] (uuuu) forging or counterfeiting trademarks, trade name, or trade device under
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2136  Section 76-16-302;
2137        [(ssss)] (vvvv) selling goods under counterfeited trademark, trade name, or trade devices
2138  under Section 76-16-303;
2139        [(tttt)] (wwww) sales in containers bearing registered trademark of substituted articles
2140  under Section 76-16-304;
2141        [(uuuu)] (xxxx) selling or dealing with article bearing registered trademark or service
2142  mark with intent to defraud under Section 76-16-306;
2143        [(vvvv)] (yyyy) participating in gambling under Section 76-9-1402;
2144        [(wwww)] (zzzz) permitting gambling under Section 76-9-1403;
2145        [(xxxx)] (aaaaa) online gambling prohibition under Section 76-9-1404;
2146        [(yyyy)] (bbbbb) gambling promotion under Section 76-9-1405;
2147        [(zzzz)] (ccccc) gambling fraud under Section 76-9-1406;
2148        [(aaaaa)] (ddddd) possessing a gambling device or record under Section 76-9-1407;
2149        [(bbbbb)] (eeeee) obtaining a benefit from a confidence game under Section 76-9-1410;
2150        [(ccccc)] (fffff) distributing pornographic material under Section 76-5c-202;
2151        [(ddddd)] (ggggg) aiding or abetting a minor in distributing pornographic material under
2152  Section 76-5c-203;
2153        [(eeeee)] (hhhhh) inducing acceptance of pornographic material under Section 76-5c-204;
2154        [(fffff)] (iiiii) distributing material harmful to minors under Section 76-5c-205;
2155        [(ggggg)] (jjjjj) aiding or abetting a minor in distributing material harmful to minors
2156  under Section 76-5c-206;
2157        [(hhhhh)] (kkkkk) distribution of a pornographic file for exhibition under Section
2158  76-5c-305;
2159        [(iiiii)] (lllll) indecent public display in the presence of a minor under Section 76-5c-207;
2160        [(jjjjj)] (mmmmm) engaging in prostitution under Section 76-5d-202;
2161        [(kkkkk)] (nnnnn) aiding prostitution under Section 76-5d-206;
2162        [(lllll)] (ooooo) exploiting prostitution under Section 76-5d-207;
2163        [(mmmmm)] (ppppp) aggravated exploitation of prostitution under Section 76-5d-208;
2164        [(nnnnn)] (qqqqq) communications fraud under Section 76-6-525;
2165        [(ooooo)] (rrrrr) possession of a dangerous weapon with criminal intent under Section
2166  76-11-208;
2167        [(ppppp)] (sssss) an act prohibited by the criminal provisions of Chapter 9, Part 16,
2168  Money Laundering and Currency Transaction Reporting;
2169        [(qqqqq)] (ttttt) vehicle compartment for contraband under Section 76-9-1902 or
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2170  76-9-1903;
2171        [(rrrrr)] (uuuuu) an act prohibited by the criminal provisions of the laws governing
2172  taxation in this state; or
2173        [(sssss)] (vvvvv) an act illegal under the laws of the United States and enumerated in 18
2174  U.S.C. Secs. 1961(1)(B), (C), and (D).
2175  Section 21. Section 77-4-201 is amended to read:
2176  77-4-201 . Reproduction of child sexual abuse material -- Prohibition.
2177    (1) As used in this section:
2178        (a) "Apparent child sexual abuse material" means the same as that term is defined in
2179  Section 76-5b-103.
2180        [(a)] (b) "Child sexual abuse material" means the same as that term is defined in Section
2181  76-5b-103.
2182        [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
2183  53-1-102.
2184        (d) "Obscene child sexual abuse material" means the same as that term is defined in
2185  Section 76-5b-103.
2186        [(c)] (e) "Victim" means the same as that term is defined in Section 77-37-2.
2187    (2) In a proceeding involving child sexual abuse material, apparent child sexual abuse
2188        material, or obscene child sexual abuse material, the child sexual abuse material[ ] ,
2189        apparent child sexual abuse material, or obscene child sexual abuse material shall
2190        remain in the care, custody, and control of:
2191        (a) a law enforcement agency; or
2192        (b) a court.
2193    (3)(a) In a proceeding involving child sexual abuse material, apparent child sexual abuse
2194        material, or obscene child sexual abuse material, a court shall deny a request by a
2195        defendant to copy, photograph, duplicate, or otherwise reproduce the child sexual
2196        abuse material[ ] , apparent child sexual abuse material, or obscene child sexual abuse
2197        material if the court or a law enforcement agency provides the defendant's attorney or
2198        an individual the defendant may seek to qualify as an expert an adequate opportunity
2199        to view and examine the child sexual abuse material, apparent child sexual abuse
2200        material, or obscene child sexual abuse material.
2201        (b) An individual described in Subsection (3)(a) may view or examine the child sexual
2202  abuse material, apparent child sexual abuse material, or obscene child sexual abuse
2203  material only at the law enforcement agency or court that has custody and control of
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2204  the child sexual abuse material, apparent child sexual abuse material, or obscene
2205  child sexual abuse material.
2206  (c) A defendant who is self represented:
2207  (i) may not inspect the child sexual abuse material, apparent child sexual abuse
2208  material, or obscene child sexual abuse material; and
2209  (ii) may request that the court appoint counsel for the purpose of inspecting the child
2210  sexual abuse material, apparent child sexual abuse material, or obscene child
2211  sexual abuse material on behalf of the defendant.
2212     (4)(a) In a proceeding involving child sexual abuse material, a victim, the victim's
2213  attorney, or an individual the victim may, upon a showing of good cause, seek to
2214  qualify as an expert, may view and examine the child sexual abuse material that
2215  depicts the victim upon a showing of good cause.
2216  (b) An individual described in Subsection (4)(a) may not copy, photograph, duplicate, or
2217  otherwise reproduce the child sexual abuse material.
2218  (c) An individual described in Subsection (4)(a) may view or examine the child sexual
2219  abuse material only at the law enforcement agency or court that has custody and
2220  control of the child sexual abuse material.
2221  (d) The court or law enforcement agency may redact the child sexual abuse material
2222  described in this Subsection (4) to protect the privacy of a third party.
2223  Section 22. Section 77-11a-101 is amended to read:
2224  77-11a-101 . Definitions.
2225        As used in this chapter:
2226     (1)(a) "Agency" means an agency of this state or a political subdivision of this state.
2227  (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
2228     (2) "Apparent child sexual abuse material" means the same as that term is defined in
2229  Section 76-5b-103.
2230     (3) "Child sexual abuse material" means the same as that term is defined in Section
2231  76-5b-103.
2232     [(2)] (4) "Claimant" means:
2233  (a) an owner of property;
2234  (b) an interest holder; or
2235  (c) an individual or entity who asserts a claim to any property for which an agency seeks
2236  to forfeit.
2237     [(3)] (5)(a) "Computer" means, except as provided in Subsection [(3)(c)] (5)(c), an
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2238        electronic, magnetic, optical, electrochemical, or other high-speed data processing
2239        device that performs logical, arithmetic, and storage functions.
2240        (b) "Computer" includes any device that is used for the storage of digital or electronic
2241  files, flash memory, software, or other electronic information.
2242        (c) "Computer" does not mean a computer server of an [Internet] internet or electronic
2243  service provider, or the service provider's employee, if used to comply with the
2244  requirements under 18 U.S.C. Sec. 2258A.
2245    [(4)] (6)(a) "Contraband" means any property, item, or substance that is unlawful to
2246        produce or to possess under state or federal law.
2247        (b) "Contraband" includes:
2248  (i) a controlled substance that is possessed, transferred, distributed, or offered for
2249  distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act;
2250  or
2251  (ii) a computer that:
2252  (A) contains or houses child sexual abuse material, apparent child sexual abuse
2253  material, or obscene child sexual abuse material, or is used to create,
2254  download, transfer, upload to a storage account, or store any electronic or
2255  digital files containing child sexual abuse material, apparent child sexual abuse
2256  material, or obscene child sexual abuse material; or
2257  (B) contains the personal identifying information of another individual, as defined
2258  in Section 76-6-1101, whether that individual is alive or deceased, and the
2259  personal identifying information has been used to create false or fraudulent
2260  identification documents or financial transaction cards in violation of Title 76,
2261  Chapter 6, Part 5, Fraud.
2262    [(5)] (7) "Controlled substance" means the same as that term is defined in Section 58-37-2.
2263    [(6)] (8) "Court" means a municipal, county, or state court.
2264    [(7)] (9) "Division of Law Enforcement" means the division within the Department of
2265        Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law
2266        Enforcement.
2267    [(8)] (10) "Evidence" means the same as that term is defined in Section 77-11c-101.
2268    [(9)] (11) "Forfeit" means to divest a claimant of an ownership interest in property seized by
2269        a peace officer or agency.
2270    [(10)] (12) "Innocent owner" means a claimant who:
2271        (a) held an ownership interest in property at the time of the commission of an offense
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2272  subjecting the property to seizure, and:
2273  (i) did not have actual knowledge of the offense subjecting the property to seizure; or
2274  (ii) upon learning of the commission of the offense, took reasonable steps to prohibit
2275  the use of the property in the commission of the offense; or
2276  (b) acquired an ownership interest in the property and had no knowledge that the
2277  commission of the offense subjecting the property to seizure had occurred or that the
2278  property had been seized, and:
2279  (i) acquired the property in a bona fide transaction for value;
2280  (ii) was an individual, including a minor child, who acquired an interest in the
2281  property through probate or inheritance; or
2282  (iii) was a spouse who acquired an interest in property through dissolution of
2283  marriage or by operation of law.
2284     [(11)] (13)(a) "Interest holder" means a secured party as defined in Section 70A-9a-102,
2285  a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
2286  security interest or encumbrance pertaining to an interest in property, whose interest
2287  would be perfected against a good faith purchaser for value.
2288  (b) "Interest holder" does not mean a person:
2289  (i) who holds property for the benefit of or as an agent or nominee for another
2290  person; or
2291  (ii) who is not in substantial compliance with any statute requiring an interest in
2292  property to be:
2293  (A) recorded or reflected in public records in order to perfect the interest against a
2294  good faith purchaser for value; or
2295  (B) held in control by a secured party, as defined in Section 70A-9a-102, in
2296  accordance with Section 70A-9a-314 in order to perfect the interest against a
2297  good faith purchaser for value.
2298     [(12)] (14) "Law enforcement agency" means:
2299  (a) a municipal, county, state institution of higher education, or state police force or
2300  department;
2301  (b) a sheriff's office; or
2302  (c) a municipal, county, or state prosecuting authority.
2303     [(13)] (15) "Legislative body" means:
2304  (a)(i) the Legislature, county commission, county council, city commission, city
2305  council, or town council that has fiscal oversight and budgetary approval authority
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2306  over an agency; or
2307  (ii) the agency's governing political subdivision; or
2308        (b) the lead governmental entity of a multijurisdictional task force, as designated in a
2309  memorandum of understanding executed by the agencies participating in the task
2310  force.
2311    [(14)] (16) "Multijurisdictional task force" means a law enforcement task force or other
2312        agency comprised of individuals who are employed by or acting under the authority of
2313        different governmental entities, including federal, state, county, or municipal
2314        governments, or any combination of federal, state, county, or municipal agencies.
2315    (17) "Obscene child sexual abuse material" means the same as that term is defined in
2316        Section 76-5b-103.
2317    [(15)] (18) "Owner" means an individual or entity, other than an interest holder, that
2318        possesses a bona fide legal or equitable interest in property.
2319    [(16)] (19) "Pawn or secondhand business" means the same as that term is defined in
2320        Section 13-32a-102.
2321    [(17)] (20) "Peace officer" means an employee:
2322        (a) of an agency;
2323        (b) whose duties consist primarily of the prevention and detection of violations of laws
2324  of this state or a political subdivision of this state; and
2325        (c) who is authorized by the agency to seize property.
2326    [(18)] (21)(a) "Proceeds" means:
2327  (i) property of any kind that is obtained directly or indirectly as a result of the
2328  commission of an offense; or
2329  (ii) any property acquired directly or indirectly from, produced through, realized
2330  through, or caused by an act or omission regarding property under Subsection [
2331  (18)(a)(i).] (21)(a)(i).
2332        (b) "Proceeds" includes any property of any kind without reduction for expenses
2333  incurred in the acquisition, maintenance, or production of that property, or any other
2334  purpose regarding property under Subsection [(18)(a)(i)] (21)(a)(i).
2335        (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
2336  subjects the property to seizure.
2337    [(19)] (22)(a) "Property" means all property, whether real or personal, tangible or
2338        intangible.
2339        (b) "Property" does not include contraband.
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 H.B. 289  Enrolled Copy
2340     [(20)] (23) "Prosecuting attorney" means:
2341  (a) the attorney general and an assistant attorney general;
2342  (b) a district attorney or deputy district attorney;
2343  (c) a county attorney or assistant county attorney; and
2344  (d) an attorney authorized to commence an action on behalf of the state.
2345     [(21)] (24) "Public interest use" means a:
2346  (a) use by a government agency as determined by the legislative body of the agency's
2347  jurisdiction; or
2348  (b) donation of the property to a nonprofit charity registered with the state.
2349     [(22)] (25) "Real property" means land, including any building, fixture, improvement,
2350  appurtenance, structure, or other development that is affixed permanently to land.
2351     [(23)] (26)(a) "Seized property" means property seized by a peace officer or agency in
2352  accordance with Section 77-11a-201.
2353  (b) "Seized property" includes property that the agency seeks to forfeit under Chapter
2354  11b, Forfeiture of Seized Property.
2355  Section 23. Section 80-1-102 is amended to read:
2356  80-1-102 . Juvenile Code definitions.
2357        Except as provided in Section 80-6-1103, as used in this title:
2358     (1)(a) "Abuse" means:
2359  (i)(A) nonaccidental harm of a child;
2360  (B) threatened harm of a child;
2361  (C) sexual exploitation;
2362  (D) sexual abuse; or
2363  (E) human trafficking of a child in violation of Section 76-5-308.5; or
2364  (ii) that a child's parent:
2365  (A) intentionally, knowingly, or recklessly causes the death of another parent of
2366  the child;
2367  (B) is identified by a law enforcement agency as the primary suspect in an
2368  investigation for intentionally, knowingly, or recklessly causing the death of
2369  another parent of the child; or
2370  (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2371  recklessly causing the death of another parent of the child.
2372  (b) "Abuse" does not include:
2373  (i) reasonable discipline or management of a child, including withholding privileges;
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2374  (ii) conduct described in Section 76-2-401; or
2375  (iii) the use of reasonable and necessary physical restraint or force on a child:
2376  (A) in self-defense;
2377  (B) in defense of others;
2378  (C) to protect the child; or
2379  (D) to remove a weapon in the possession of a child for any of the reasons
2380  described in Subsections (1)(b)(iii)(A) through (C).
2381    (2) "Abused child" means a child who has been subjected to abuse.
2382    (3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
2383  (i) for a delinquency petition or criminal information under Chapter 6, Juvenile
2384  Justice:
2385  (A) a finding by the juvenile court that the facts alleged in a delinquency petition
2386  or criminal information alleging that a minor committed an offense have been
2387  proved;
2388  (B) an admission by a minor in the juvenile court as described in Section 80-6-306;
2389  or
2390  (C) a plea of no contest by minor in the juvenile court; or
2391  (ii) for all other proceedings under this title, a finding by the juvenile court that the
2392  facts alleged in the petition have been proved.
2393        (b) "Adjudication" does not include:
2394  (i) an admission by a minor described in Section 80-6-306 until the juvenile court
2395  enters the minor's admission; or
2396  (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
2397    (4)(a) "Adult" means an individual who is 18 years old or older.
2398        (b) "Adult" does not include an individual:
2399  (i) who is 18 years old or older; and
2400  (ii) who is a minor.
2401    (5) "Attorney guardian ad litem" means the same as that term is defined in Section
2402        78A-2-801.
2403    (6) "Board" means the Board of Juvenile Court Judges.
2404    (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
2405        years old.
2406    (8) "Child and family plan" means a written agreement between a child's parents or
2407        guardian and the Division of Child and Family Services as described in Section 80-3-307.
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2408     (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
2409     (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
2410     (11) "Child protection team" means a team consisting of:
2411  (a) the child welfare caseworker assigned to the case;
2412  (b) if applicable, the child welfare caseworker who made the decision to remove the
2413  child;
2414  (c) a representative of the school or school district where the child attends school;
2415  (d) if applicable, the law enforcement officer who removed the child from the home;
2416  (e) a representative of the appropriate Children's Justice Center, if one is established
2417  within the county where the child resides;
2418  (f) if appropriate, and known to the division, a therapist or counselor who is familiar
2419  with the child's circumstances;
2420  (g) if appropriate, a representative of law enforcement selected by the chief of police or
2421  sheriff in the city or county where the child resides; and
2422  (h) any other individuals determined appropriate and necessary by the team coordinator
2423  and chair.
2424     (12)(a) "Chronic abuse" means repeated or patterned abuse.
2425  (b) "Chronic abuse" does not mean an isolated incident of abuse.
2426     (13)(a) "Chronic neglect" means repeated or patterned neglect.
2427  (b) "Chronic neglect" does not mean an isolated incident of neglect.
2428     (14) "Clandestine laboratory operation" means the same as that term is defined in Section
2429  58-37d-3.
2430     (15) "Commit" or "committed" means, unless specified otherwise:
2431  (a) with respect to a child, to transfer legal custody; and
2432  (b) with respect to a minor who is at least 18 years old, to transfer custody.
2433     (16) "Community-based program" means a nonsecure residential or nonresidential program,
2434  designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
2435  restrictive setting, consistent with public safety, and operated by or under contract with
2436  the Division of Juvenile Justice and Youth Services.
2437     (17) "Community placement" means placement of a minor in a community-based program
2438  described in Section 80-5-402.
2439     (18) "Correctional facility" means:
2440  (a) a county jail; or
2441  (b) a secure correctional facility as defined in Section 64-13-1.
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2442    (19) "Criminogenic risk factors" means evidence-based factors that are associated with a
2443        minor's likelihood of reoffending.
2444    (20) "Department" means the Department of Health and Human Services created in Section
2445        26B-1-201.
2446    (21) "Dependent child" or "dependency" means a child who is without proper care through
2447        no fault of the child's parent, guardian, or custodian.
2448    (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
2449        parent or a previous custodian to another person, agency, or institution.
2450    (23) "Detention" means home detention or secure detention.
2451    (24) "Detention facility" means a facility, established by the Division of Juvenile Justice
2452        and Youth Services in accordance with Section 80-5-501, for minors held in detention.
2453    (25) "Detention risk assessment tool" means an evidence-based tool established under
2454        Section 80-5-203 that:
2455        (a) assesses a minor's risk of failing to appear in court or reoffending before
2456  adjudication; and
2457        (b) is designed to assist in making a determination of whether a minor shall be held in
2458  detention.
2459    (26) "Developmental immaturity" means incomplete development in one or more domains
2460        that manifests as a functional limitation in the minor's present ability to:
2461        (a) consult with counsel with a reasonable degree of rational understanding; and
2462        (b) have a rational as well as factual understanding of the proceedings.
2463    (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
2464        under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
2465    (28) "Educational neglect" means that, after receiving a notice of compulsory education
2466        violation under Section 53G-6-202, the parent or guardian fails to make a good faith
2467        effort to ensure that the child receives an appropriate education.
2468    (29) "Educational series" means an evidence-based instructional series:
2469        (a) obtained at a substance abuse program that is approved by the Division of Integrated
2470  Healthcare in accordance with Section 26B-5-104; and
2471        (b) designed to prevent substance use or the onset of a mental health disorder.
2472    (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
2473    (31) "Evidence-based" means a program or practice that has had multiple randomized
2474        control studies or a meta-analysis demonstrating that the program or practice is effective
2475        for a specific population or has been rated as effective by a standardized program
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2476  evaluation tool.
2477     (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
2478     (33) "Formal probation" means a minor is:
2479  (a) supervised in the community by, and reports to, a juvenile probation officer or an
2480  agency designated by the juvenile court; and
2481  (b) subject to return to the juvenile court in accordance with Section 80-6-607.
2482     (34) "Gender identity" means the same as that term is defined in Section 34A-5-102.
2483     (35) "Group rehabilitation therapy" means psychological and social counseling of one or
2484  more individuals in the group, depending upon the recommendation of the therapist.
2485     (36) "Guardian" means a person appointed by a court to make decisions regarding a minor,
2486  including the authority to consent to:
2487  (a) marriage;
2488  (b) enlistment in the armed forces;
2489  (c) major medical, surgical, or psychiatric treatment; or
2490  (d) legal custody, if legal custody is not vested in another individual, agency, or
2491  institution.
2492     (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
2493     (38) "Harm" means:
2494  (a) physical or developmental injury or damage;
2495  (b) emotional damage that results in a serious impairment in the child's growth,
2496  development, behavior, or psychological functioning;
2497  (c) sexual abuse; or
2498  (d) sexual exploitation.
2499     (39) "Home detention" means placement of a minor:
2500  (a) if [prior to] before a disposition, in the minor's home, or in a surrogate home with the
2501  consent of the minor's parent, guardian, or custodian, under terms and conditions
2502  established by the Division of Juvenile Justice and Youth Services or the juvenile
2503  court; or
2504  (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
2505  minor's home, or in a surrogate home with the consent of the minor's parent,
2506  guardian, or custodian, under terms and conditions established by the Division of
2507  Juvenile Justice and Youth Services or the juvenile court.
2508     (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the
2509  perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
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2510        aunt, nephew, niece, or first cousin.
2511        (b) "Incest" includes:
2512  (i) blood relationships of the whole or half blood, regardless of whether the
2513  relationship is legally recognized;
2514  (ii) relationships of parent and child by adoption; and
2515  (iii) relationships of stepparent and stepchild while the marriage creating the
2516  relationship of a stepparent and stepchild exists.
2517    (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2518    (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2519    (43) "Indigent defense service provider" means the same as that term is defined in Section
2520        78B-22-102.
2521    (44) "Indigent defense services" means the same as that term is defined in Section
2522        78B-22-102.
2523    (45) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
2524    (46)(a) "Intake probation" means a minor is:
2525  (i) monitored by a juvenile probation officer; and
2526  (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2527        (b) "Intake probation" does not include formal probation.
2528    (47) "Intellectual disability" means a significant subaverage general intellectual functioning
2529        existing concurrently with deficits in adaptive behavior that constitutes a substantial
2530        limitation to the individual's ability to function in society.
2531    (48) "Juvenile offender" means:
2532        (a) a serious youth offender; or
2533        (b) a youth offender.
2534    (49) "Juvenile probation officer" means a probation officer appointed under Section
2535        78A-6-205.
2536    (50) "Juvenile receiving center" means a nonsecure, nonresidential program established by
2537        the Division of Juvenile Justice and Youth Services, or under contract with the Division
2538        of Juvenile Justice and Youth Services, that is responsible for minors taken into
2539        temporary custody under Section 80-6-201.
2540    (51) "Legal custody" means a relationship embodying:
2541        (a) the right to physical custody [ ]of the minor;
2542        (b) the right and duty to protect, train, and discipline the minor;
2543        (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
                                                 - 75 -
 H.B. 289  Enrolled Copy
2544  medical care;
2545  (d) the right to determine where and with whom the minor shall live; and
2546  (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2547     (52) "Licensing Information System" means the Licensing Information System maintained
2548  by the Division of Child and Family Services under Section 80-2-1002.
2549     (53) "Management Information System" means the Management Information System
2550  developed by the Division of Child and Family Services under Section 80-2-1001.
2551     (54) "Mental illness" means:
2552  (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2553  behavioral, or related functioning; or
2554  (b) the same as that term is defined in:
2555  (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2556  published by the American Psychiatric Association; or
2557  (ii) the current edition of the International Statistical Classification of Diseases and
2558  Related Health Problems.
2559     (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
2560  (a) a child; or
2561  (b) an individual:
2562  (i)(A) who is at least 18 years old and younger than 21 years old; and
2563  (B) for whom the Division of Child and Family Services has been specifically
2564  ordered by the juvenile court to provide services because the individual was an
2565  abused, neglected, or dependent child or because the individual was
2566  adjudicated for an offense;
2567  (ii)(A) who is at least 18 years old and younger than 25 years old; and
2568  (B) whose case is under the jurisdiction of the juvenile court in accordance with
2569  Subsection 78A-6-103(1)(b); or
2570  (iii)(A) who is at least 18 years old and younger than 21 years old; and
2571  (B) whose case is under the jurisdiction of the juvenile court in accordance with
2572  Subsection 78A-6-103(1)(c).
2573     (56) "Mobile crisis outreach team" means the same as that term is defined in Section
2574  26B-5-101.
2575     (57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual
2576  desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
2577  or the breast of a female child, or takes indecent liberties with a child as defined in
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2578        Section 76-5-401.1.
2579    (58)(a) "Neglect" means action or inaction causing:
2580  (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
2581  Relinquishment of a Newborn Child;
2582  (ii) lack of proper parental care of a child by reason of the fault or habits of the
2583  parent, guardian, or custodian;
2584  (iii) failure or refusal of a parent, guardian, or custodian to provide proper or
2585  necessary subsistence or medical care, or any other care necessary for the child's
2586  health, safety, morals, or well-being;
2587  (iv) a child to be at risk of being neglected or abused because another child in the
2588  same home is neglected or abused;
2589  (v) abandonment of a child through an unregulated child custody transfer under
2590  Section 81-14-203; or
2591  (vi) educational neglect.
2592        (b) "Neglect" does not include:
2593  (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2594  reason, does not provide specified medical treatment for a child;
2595  (ii) a health care decision made for a child by the child's parent or guardian, unless
2596  the state or other party to a proceeding shows, by clear and convincing evidence,
2597  that the health care decision is not reasonable and informed;
2598  (iii) a parent or guardian exercising the right described in Section 80-3-304; or
2599  (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2600  maturity to avoid harm or unreasonable risk of harm, to engage in independent
2601  activities, including:
2602  (A) traveling to and from school, including by walking, running, or bicycling;
2603  (B) traveling to and from nearby commercial or recreational facilities;
2604  (C) engaging in outdoor play;
2605  (D) remaining in a vehicle unattended, except under the conditions described in
2606  Subsection 76-5-115(2);
2607  (E) remaining at home unattended; or
2608  (F) engaging in a similar independent activity.
2609    (59) "Neglected child" means a child who has been subjected to neglect.
2610    (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
2611        officer, without an adjudication of the minor's case under Section 80-6-701, upon the
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2612  consent in writing of:
2613  (a) the assigned juvenile probation officer; and
2614  (b)(i) the minor; or
2615  (ii) the minor and the minor's parent, guardian, or custodian.
2616     (61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual
2617  disability or related condition, or developmental immaturity, lacks the ability to:
2618  (a) understand the nature of the proceedings against the minor or of the potential
2619  disposition for the offense charged; or
2620  (b) consult with counsel and participate in the proceedings against the minor with a
2621  reasonable degree of rational understanding.
2622     (62)(a) "Parent" means, except as provided in Section 80-3-302, an individual with a
2623  parent-child relationship to a minor under Section 81-5-201.
2624  (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.
2625     (63) "Parole" means a conditional release of a juvenile offender from residency in secure
2626  care to live outside of secure care under the supervision of the Division of Juvenile
2627  Justice and Youth Services, or another person designated by the Division of Juvenile
2628  Justice and Youth Services.
2629     (64) "Physical abuse" means abuse that results in physical injury or damage to a child.
2630     (65)(a) "Probation" means a legal status created by court order, following an
2631  adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
2632  minor's home under prescribed conditions.
2633  (b) "Probation" includes intake probation or formal probation.
2634     (66) "Prosecuting attorney" means:
2635  (a) the attorney general and any assistant attorney general;
2636  (b) any district attorney or deputy district attorney;
2637  (c) any county attorney or assistant county attorney; and
2638  (d) any other attorney authorized to commence an action on behalf of the state.
2639     (67) "Protective custody" means the shelter of a child by the Division of Child and Family
2640  Services from the time the child is removed from the home until the earlier of:
2641  (a) the day on which the shelter hearing is held under Section 80-3-301; or
2642  (b) the day on which the child is returned home.
2643     (68) "Protective services" means expedited services that are provided:
2644  (a) in response to evidence of neglect, abuse, or dependency of a child;
2645  (b) to a cohabitant who is neglecting or abusing a child, in order to:
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2646  (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2647  causes of neglect or abuse; and
2648  (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2649        (c) in cases where the child's welfare is endangered:
2650  (i) to bring the situation to the attention of the appropriate juvenile court and law
2651  enforcement agency;
2652  (ii) to cause a protective order to be issued for the protection of the child, when
2653  appropriate; and
2654  (iii) to protect the child from the circumstances that endanger the child's welfare
2655  including, when appropriate:
2656  (A) removal from the child's home;
2657  (B) placement in substitute care; and
2658  (C) petitioning the court for termination of parental rights.
2659    (69) "Protective supervision" means a legal status created by court order, following an
2660        adjudication on the ground of abuse, neglect, or dependency, whereby:
2661        (a) the minor is permitted to remain in the minor's home; and
2662        (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2663  by an agency designated by the juvenile court.
2664    (70)(a) "Related condition" means a condition that:
2665  (i) is found to be closely related to intellectual disability;
2666  (ii) results in impairment of general intellectual functioning or adaptive behavior
2667  similar to that of an intellectually disabled individual;
2668  (iii) is likely to continue indefinitely; and
2669  (iv) constitutes a substantial limitation to the individual's ability to function in society.
2670        (b) "Related condition" does not include mental illness, psychiatric impairment, or
2671  serious emotional or behavioral disturbance.
2672    (71)(a) "Residual parental rights and duties" means the rights and duties remaining with
2673        a parent after legal custody or guardianship, or both, have been vested in another
2674        person or agency, including:
2675  (i) the responsibility for support;
2676  (ii) the right to consent to adoption;
2677  (iii) the right to determine the child's religious affiliation; and
2678  (iv) the right to reasonable parent-time unless restricted by the court.
2679        (b) If no guardian has been appointed, "residual parental rights and duties" includes the
                                                   - 79 -
 H.B. 289  Enrolled Copy
2680  right to consent to:
2681  (i) marriage;
2682  (ii) enlistment; and
2683  (iii) major medical, surgical, or psychiatric treatment.
2684     (72) "Runaway" means a child, other than an emancipated child, who willfully leaves the
2685  home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2686  without permission.
2687     (73) "Secure care" means placement of a minor, who is committed to the Division of
2688  Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
2689  contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
2690  supervision and confinement of the minor.
2691     (74) "Secure care facility" means a facility, established in accordance with Section 80-5-503,
2692  for juvenile offenders in secure care.
2693     (75) "Secure detention" means temporary care of a minor who requires secure custody in a
2694  physically restricting facility operated by, or under contract with, the Division of
2695  Juvenile Justice and Youth Services:
2696  (a) before disposition of an offense that is alleged to have been committed by the minor;
2697  or
2698  (b) under Section 80-6-704.
2699     (76) "Serious youth offender" means an individual who:
2700  (a) is at least 14 years old, but under 25 years old;
2701  (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2702  of the juvenile court was extended over the individual's case until the individual was
2703  25 years old in accordance with Section 80-6-605; and
2704  (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
2705  Services for secure care under Sections 80-6-703 and 80-6-705.
2706     (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
2707     (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
2708  child.
2709     (79)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection
2710  (79)(b):
2711  (i) if committed by an individual who is 18 years old or older:
2712  (A) chronic abuse;
2713  (B) severe abuse;
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 Enrolled Copy  H.B. 289
2714  (C) sexual abuse;
2715  (D) sexual exploitation;
2716  (E) abandonment;
2717  (F) chronic neglect; or
2718  (G) severe neglect; or
2719  (ii) if committed by an individual who is under 18 years old:
2720  (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child
2721  that indicates a significant risk to other children; or
2722  (B) sexual behavior with or upon another child that indicates a significant risk to
2723  other children.
2724        (b) "Severe type of child abuse or neglect" does not include:
2725  (i) the use of reasonable and necessary physical restraint by an educator in
2726  accordance with Section 53G-8-301 or Section 76-2-401;
2727  (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2728  use of reasonable and necessary physical restraint or force in self-defense or
2729  otherwise appropriate to the circumstances to obtain possession of a weapon or
2730  other dangerous object in the possession or under the control of a child or to
2731  protect the child or another individual from physical injury; or
2732  (iii) a health care decision made for a child by a child's parent or guardian, unless,
2733  subject to Subsection (79)(c), the state or other party to the proceeding shows, by
2734  clear and convincing evidence, that the health care decision is not reasonable and
2735  informed.
2736        (c) Subsection (79)(b)(iii) does not prohibit a parent or guardian from exercising the
2737  right to obtain a second health care opinion.
2738    (80)(a) "Sexual abuse" means:
2739  (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2740  adult directed towards a child;
2741  (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2742  committed by a child towards another child if:
2743  (A) there is an indication of force or coercion;
2744  (B) the children are related, as described in Subsection (40), including siblings by
2745  marriage while the marriage exists or by adoption; or
2746  (C) the act or attempted act constitutes unlawful sexual activity as described in
2747  Section 76-5-401.3.
                                                - 81 -
 H.B. 289  Enrolled Copy
2748  (iii) engaging in any conduct with a child that would constitute an offense under any
2749  of the following, regardless of whether the individual who engages in the conduct
2750  is actually charged with, or convicted of, the offense:
2751  (A) Title 76, Chapter 5, Part 4, Sexual Offenses;
2752  (B) child bigamy, Section 76-7-101.5;
2753  (C) incest, Section 76-7-102;
2754  (D) voyeurism, Section 76-12-306;
2755  (E) recorded or photographed voyeurism, Section 76-12-307; or
2756  (F) distribution of images obtained through voyeurism, Section 76-12-308; or
2757  (iv) subjecting a child to participate in or threatening to subject a child to participate
2758  in a sexual relationship, regardless of whether that sexual relationship is part of a
2759  legal or cultural marriage.
2760        (b) "Sexual abuse" does not include engaging in any conduct with a child that would
2761  constitute an offense described in:
2762  (i) Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator
2763  of the offense is a minor; or
2764  (ii) Section 76-5-417, enticing a minor.
2765     (81) "Sexual exploitation" means knowingly:
2766        (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2767  (i) pose in the nude for the purpose of sexual arousal of any individual; or
2768  (ii) engage in any sexual or simulated sexual conduct for the purpose of
2769  photographing, filming, recording, or displaying in any way the sexual or
2770  simulated sexual conduct;
2771        (b) displaying, distributing, possessing for the purpose of distribution, or selling material
2772  depicting a child:
2773  (i) in the nude, for the purpose of sexual arousal of any individual; or
2774  (ii) engaging in sexual or simulated sexual conduct; or
2775        (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2776  sexual exploitation of a minor, [or ]Section 76-5b-201.1, aggravated sexual
2777  exploitation of a minor, Section 76-5b-207, possession of apparent child sexual abuse
2778  material, Section 76-5b-208, distribution of apparent child sexual abuse material, or
2779  Section 76-5b-209, unlawful activity regarding obscene material depicting the sexual
2780  abuse of a minor, regardless of whether the individual who engages in the conduct is
2781  actually charged with, or convicted of, the offense.
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 Enrolled Copy  H.B. 289
2782    (82) "Shelter" means the temporary care of a child in a physically unrestricted facility
2783        pending a disposition or transfer to another jurisdiction.
2784    (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
2785    (84) "Significant risk" means a risk of harm that is determined to be significant in
2786        accordance with risk assessment tools and rules established by the Division of Child and
2787        Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
2788        Rulemaking Act, that focus on:
2789        (a) age;
2790        (b) social factors;
2791        (c) emotional factors;
2792        (d) sexual factors;
2793        (e) intellectual factors;
2794        (f) family risk factors; and
2795        (g) other related considerations.
2796    (85) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
2797    (86) "Status offense" means an offense that would not be an offense but for the age of the
2798        offender.
2799    (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
2800        excessive use of alcohol or other drugs or substances.
2801    (88) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
2802        of the evidence, and separate consideration of each allegation made or identified in the
2803        case, that abuse, neglect, or dependency occurred.
2804    (89) "Substitute care" means:
2805        (a) the placement of a minor in a family home, group care facility, or other placement
2806  outside the minor's own home, either at the request of a parent or other responsible
2807  relative, or upon court order, when it is determined that continuation of care in the
2808  minor's own home would be contrary to the minor's welfare;
2809        (b) services provided for a minor in the protective custody of the Division of Child and
2810  Family Services, or a minor in the temporary custody or custody of the Division of
2811  Child and Family Services, as those terms are defined in Section 80-2-102; or
2812        (c) the licensing and supervision of a substitute care facility.
2813    (90) "Supported" means a finding by the Division of Child and Family Services based on
2814        the evidence available at the completion of an investigation, and separate consideration
2815        of each allegation made or identified during the investigation, that there is a reasonable
                                                - 83 -
 H.B. 289  Enrolled Copy
2816  basis to conclude that abuse, neglect, or dependency occurred.
2817     (91) "Termination of parental rights" means the permanent elimination of all parental rights
2818  and duties, including residual parental rights and duties, by court order.
2819     (92) "Therapist" means:
2820  (a) an individual employed by a state division or agency for the purpose of conducting
2821  psychological treatment and counseling of a minor in the division's or agency's
2822  custody; or
2823  (b) any other individual licensed or approved by the state for the purpose of conducting
2824  psychological treatment and counseling.
2825     (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that
2826  the child is at an unreasonable risk of harm or neglect.
2827     (94) "Torture" means:
2828  (a) the infliction of a serious injury upon a child in an exceptionally cruel or
2829  exceptionally depraved manner that causes the child to experience extreme physical
2830  or psychological pain or anguish; or
2831  (b) the infliction of a serious injury, or more than one serious injury, upon a child as part
2832  of a course of conduct or over a prolonged period of time.
2833     (95) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
2834  (a) results in behavior that is beyond the control or ability of the child, or the parent or
2835  guardian, to manage effectively;
2836  (b) poses a threat to the safety or well-being of the child, the child's family, or others; or
2837  (c) results in the situations described in Subsections (95)(a) and (b).
2838     (96) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2839  conclude that abuse, neglect, or dependency occurred.
2840     (97) "Unsupported" means a finding by the Division of Child and Family Services at the
2841  completion of an investigation, after the day on which the Division of Child and Family
2842  Services concludes the alleged abuse, neglect, or dependency is not without merit, that
2843  there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2844     (98) "Validated risk and needs assessment" means an evidence-based tool that assesses a
2845  minor's risk of reoffending and a minor's criminogenic needs.
2846     (99) "Without merit" means a finding at the completion of an investigation by the Division
2847  of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
2848  dependency did not occur, or that the alleged perpetrator was not responsible for the
2849  abuse, neglect, or dependency.
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 Enrolled Copy  H.B. 289
2850    (100) "Youth offender" means an individual who is:
2851        (a) at least 12 years old, but under 21 years old; and
2852        (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
2853  Services for secure care under Sections 80-6-703 and 80-6-705.
2854  Section 24. Section 81-9-402 is amended to read:
2855  81-9-402 . Custody and visitation for individuals other than a parent -- Venue.
2856    (1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a
2857        parent retain the fundamental right and duty to exercise primary control over the care,
2858        supervision, upbringing, and education of a minor child of the parent.
2859        (b) There is a rebuttable presumption that a parent's decisions are in the minor child's
2860  best interests.
2861    (2) The presumption in Subsection (1) is rebutted and a court may grant custodial or
2862        visitation rights to an individual other than a parent if the court finds, by clear and
2863        convincing evidence, that the individual seeking custodial or visitation rights has
2864        established that:
2865        (a) the individual has intentionally assumed the role and obligations of a parent;
2866        (b) the individual and the minor child have formed a substantial emotional bond and
2867  created a parent-child type relationship;
2868        (c) the individual substantially contributed emotionally or financially to the minor child's
2869  well being;
2870        (d) the assumption of the parental role is not the result of a financially compensated
2871  surrogate care arrangement;
2872        (e) the continuation of the relationship between the individual and the minor child is in
2873  the minor child's best interest;
2874        (f) the loss or cessation of the relationship between the individual and the minor child
2875  would substantially harm the minor child; and
2876        (g) the parent:
2877  (i) is absent as of the time of filing of the petition;
2878  (ii) does not have the ability to exercise primary physical custody of the minor child
2879  as of the time of filing of the petition; or
2880  (iii) has abused or neglected the minor child, or that another court has found that the
2881  parent has abused or neglected the minor child.
2882    (3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350,
2883        an individual shall file a verified petition, or a petition supported by an affidavit, for
                                                 - 85 -
 H.B. 289  Enrolled Copy
2884  custodial or visitation rights to the minor child in the juvenile court if a matter is pending
2885  in the juvenile court, or in the district court in the county where the minor child:
2886  (a) currently resides; or
2887  (b) lived with a parent or an individual other than a parent who acted as a parent within
2888  six months before the commencement of the action.
2889     (4) An individual may file a petition under this section in a pending divorce, parentage
2890  action, or other proceeding, including a proceeding in the juvenile court involving
2891  custody of or visitation with a minor child.
2892     (5) The petition shall include detailed facts supporting the petitioner's right to file the
2893  petition including the criteria set forth in Subsection (2) and residency information
2894  described in Section 81-11-209.
2895     (6) An individual may not file a petition under this section against a parent who is actively
2896  serving outside the state in any branch of the military.
2897     (7) Notice of a petition filed [pursuant to] in accordance with this chapter shall be served in
2898  accordance with the Utah Rules of Civil Procedure on all of the following:
2899  (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
2900  (b) any individual who has court-ordered custody or visitation rights;
2901  (c) the minor child's guardian;
2902  (d) the guardian ad litem, if one has been appointed;
2903  (e) an individual or agency that has physical custody of the minor child or that claims to
2904  have custody or visitation rights; and
2905  (f) any other individual or agency that has previously appeared in any action regarding
2906  custody of or visitation with the minor child.
2907     (8) The court may order a custody evaluation to be conducted in any proceeding brought
2908  under this section.
2909     (9) The court may enter temporary orders in a proceeding brought under this section
2910  pending the entry of final orders.
2911     (10) Except as provided in Subsection (11), a court may not grant custody of a minor child
2912  under this section to an individual:
2913  (a) who is not the parent of the minor child; and
2914  (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
2915  contest to a felony or attempted felony involving conduct that constitutes any of the
2916  following:
2917  (i) child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4,
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 Enrolled Copy  H.B. 289
2918  and 76-5-114;
2919  (ii) child abuse homicide, as described in Section 76-5-208;
2920  (iii) child kidnapping, as described in Section 76-5-301.1;
2921  (iv) human trafficking of a child, as described in Section 76-5-308.5;
2922  (v) sexual abuse of a minor, as described in Section 76-5-401.1;
2923  (vi) rape of a child, as described in Section 76-5-402.1;
2924  (vii) object rape of a child, as described in Section 76-5-402.3;
2925  (viii) sodomy on a child, as described in Section 76-5-403.1;
2926  (ix) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual
2927  abuse of a child, as described in Section 76-5-404.3;
2928  (x) sexual exploitation of a minor, as described in Section 76-5b-201;
2929  (xi) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1;[
2930  or]
2931  (xii) possession of apparent child sexual abuse material, as described in Section
2932  76-5b-207;
2933  (xiii) distribution of apparent child sexual abuse material, as described in Section
2934  76-5b-208;
2935  (xiv) unlawful activity regarding obscene material depicting the sexual abuse of a
2936  minor, as described in Section 76-5b-209; or
2937  [(xii)] (xv) an offense in another state that, if committed in this state, would constitute
2938  an offense described in this Subsection (10).
2939    (11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed
2940        in Subsection (10) that prevents a court from granting custody except as provided in
2941        this Subsection (11).
2942        (b) An individual described in Subsection (10) may only be considered for custody of a
2943  minor child if the following criteria are met by clear and convincing evidence:
2944  (i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
2945  (ii) at least 10 years have elapsed from the day on which the individual is
2946  successfully released from prison, jail, parole, or probation related to a
2947  disqualifying offense;
2948  (iii) during the 10 years before the day on which the individual files a petition with
2949  the court seeking custody the individual has not been convicted, plead guilty, or
2950  plead no contest to an offense greater than an infraction or traffic violation that
2951  would likely impact the health, safety, or well-being of the minor child;
                                                - 87 -
 H.B. 289  Enrolled Copy
2952  (iv) the individual can provide evidence of successful treatment or rehabilitation
2953  directly related to the disqualifying offense;
2954  (v) the court determines that the risk related to the disqualifying offense is unlikely to
2955  cause harm, as defined in Section 80-1-102, or potential harm to the minor child
2956  currently or at any time in the future when considering all of the following:
2957  (A) the minor child's age;
2958  (B) the minor child's gender;
2959  (C) the minor child's development;
2960  (D) the nature and seriousness of the disqualifying offense;
2961  (E) the preferences of a minor child who is 12 years old or older;
2962  (F) any available assessments, including custody evaluations, parenting
2963  assessments, psychological or mental health assessments, and bonding
2964  assessments; and
2965  (G) any other relevant information;
2966  (vi) the individual can provide evidence of the following:
2967  (A) the relationship with the minor child is of long duration;
2968  (B) that an emotional bond exists with the minor child; and
2969  (C) that custody by the individual who has committed the disqualifying offense
2970  ensures the best interests of the minor child are met;
2971  (vii)(A) there is no other responsible relative known to the court who has or likely
2972  could develop an emotional bond with the minor child and does not have a
2973  disqualifying offense; or
2974  (B) if there is a responsible relative known to the court that does not have a
2975  disqualifying offense, Subsection (11)(d) applies; and
2976  (viii) that the continuation of the relationship between the individual with the
2977  disqualifying offense and the minor child could not be sufficiently maintained
2978  through any type of visitation if custody were given to the relative with no
2979  disqualifying offense described in Subsection (11)(d).
2980        (c) The individual with the disqualifying offense bears the burden of proof regarding
2981  why placement with that individual is in the best interest of the minor child over
2982  another responsible relative or equally situated individual who does not have a
2983  disqualifying offense.
2984        (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to
2985  the court who does not have a disqualifying offense:
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 Enrolled Copy  H.B. 289
2986  (i) preference for custody is given to a relative who does not have a disqualifying
2987  offense; and
2988  (ii) before the court may place custody with the individual who has the disqualifying
2989  offense over another responsible, willing, and able relative:
2990  (A) an impartial custody evaluation shall be completed; and
2991  (B) a guardian ad litem shall be assigned.
2992    (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final
2993        decision on custody has not been made and to a case filed on or after March 25, 2017.
2994  Section 25. Section 81-13-203 is amended to read:
2995  81-13-203 . Who may adopt -- Adoption of a minor child.
2996    (1) An adult may adopt a minor child in accordance with this section and this chapter.
2997    (2) Except as otherwise provided in this section and subject to the placement requirements
2998        described in Section 81-13-403, a minor child may be adopted by:
2999        (a) adults who are legally married to each other in accordance with the laws of this state,
3000  including adoption by a stepparent; or
3001        (b) an adult who is not married.
3002    (3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage
3003        under the laws of this state, the adult may not adopt a minor child unless the individual
3004        is a relative of the minor child or a recognized placement under the Indian Child Welfare
3005        Act, 25 U.S.C. Sec. 1901 et seq.
3006    (4) A married adult who is lawfully separated from the married adult's spouse may not
3007        adopt a minor child without the consent of the married adult's spouse if the spouse is
3008        capable of giving consent.
3009    (5) An adult may not adopt a minor child unless:
3010        (a) the adult is at least 10 years older than the minor child; or
3011        (b) at least one adult of a married couple is at least 10 years older than the minor child if
3012  a married couple is adopting the minor child.
3013    (6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before
3014        adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no
3015        contest to a felony or attempted felony involving conduct that constitutes:
3016        (a) child abuse, as described in Section 76-5-109;
3017        (b) aggravated child abuse, as described in Section 76-5-109.2;
3018        (c) child abandonment, as described in Section 76-5-109.3;
3019        (d) child torture, as described in Section 76-5-109.4;
                                                - 89 -
 H.B. 289  Enrolled Copy
3020  (e) commission of domestic violence in the presence of a child, as described in Section
3021  76-5-114;
3022  (f) child abuse homicide, as described in Section 76-5-208;
3023  (g) child kidnapping, as described in Section 76-5-301.1;
3024  (h) human trafficking of a child, as described in Section 76-5-308.5;
3025  (i) sexual abuse of a minor, as described in Section 76-5-401.1;
3026  (j) rape of a child, as described in Section 76-5-402.1;
3027  (k) object rape of a child, as described in Section 76-5-402.3;
3028  (l) sodomy on a child, as described in Section 76-5-403.1;
3029  (m) sexual abuse of a child, as described in Section 76-5-404.1;
3030  (n) aggravated sexual abuse of a child, as described in Section 76-5-404.3;
3031  (o) sexual exploitation of a minor, as described in Section 76-5b-201;
3032  (p) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1;[ or]
3033  (q) possession of apparent child sexual abuse material, as described in Section 76-5b-207;
3034  (r) distribution of apparent child sexual abuse material, as described in Section 76-5b-208;
3035  (s) unlawful activity regarding obscene material depicting the sexual abuse of a minor,
3036  as described in Section 76-5b-209; or
3037  [(q)] (t) an offense in another state that, if committed in this state, would constitute an
3038  offense described in this Subsection (6).
3039     (7)(a) As used in this Subsection (7), "disqualifying offense" means an offense listed in
3040  Subsection (6) that prevents a court from considering an adult for adoption of a minor
3041  child except as provided in this Subsection (7).
3042  (b) An adult described in Subsection (6) may only be considered for adoption of a minor
3043  child if the following criteria are met by clear and convincing evidence:
3044  (i) at least 10 years have elapsed from the day on which the adult is successfully
3045  released from prison, jail, parole, or probation related to a disqualifying offense;
3046  (ii) during the 10 years before the day on which the adult files a petition with the
3047  court seeking adoption, the adult has not been convicted, pleaded guilty, or
3048  pleaded no contest to an offense greater than an infraction or traffic violation that
3049  would likely impact the health, safety, or well-being of the minor child;
3050  (iii) the adult can provide evidence of successful treatment or rehabilitation directly
3051  related to the disqualifying offense;
3052  (iv) the court determines that the risk related to the disqualifying offense is unlikely
3053  to cause harm, as defined in Section 80-1-102, or potential harm to the minor child
                                                  - 90 -
 Enrolled Copy  H.B. 289
3054  currently or at any time in the future when considering all of the following:
3055  (A) the minor child's age;
3056  (B) the minor child's gender;
3057  (C) the minor child's development;
3058  (D) the nature and seriousness of the disqualifying offense;
3059  (E) the preferences of a minor child who is 12 years old or older;
3060  (F) any available assessments, including custody evaluations, home studies,
3061  pre-placement adoptive evaluations, parenting assessments, psychological or
3062  mental health assessments, and bonding assessments; and
3063  (G) any other relevant information;
3064  (v) the adult can provide evidence of all of the following:
3065  (A) the relationship with the minor child is of long duration;
3066  (B) that an emotional bond exists with the minor child; and
3067  (C) that adoption by the individual who has committed the disqualifying offense
3068  ensures the best interests of the minor child are met; and
3069  (vi) the adoption is by:
3070  (A) a stepparent whose spouse is the adoptee's parent and consents to the
3071  adoption; or
3072  (B) subject to Subsection (7)(d), a relative of the minor child, as defined in
3073  Section 80-3-102, and there is not another relative without a disqualifying
3074  offense filing an adoption petition.
3075        (c) The adult with the disqualifying offense bears the burden of proof regarding why
3076  adoption with that adult is in the best interest of the minor child over another
3077  responsible relative or equally situated adult who does not have a disqualifying
3078  offense.
3079        (d) If there is an alternative responsible relative who does not have a disqualifying
3080  offense filing an adoption petition:
3081  (i) preference for adoption shall be given to a relative who does not have a
3082  disqualifying offense; and
3083  (ii) before the court may grant adoption to the adult who has the disqualifying offense
3084  over another responsible, willing, and able relative:
3085  (A) an impartial custody evaluation shall be completed; and
3086  (B) a guardian ad litem shall be assigned.
3087    (8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final
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 H.B. 289  Enrolled Copy
3088  decision on adoption has not been made and to a case filed on or after March 25, 2017.
3089  Section 26. Effective Date.
3090     This bill takes effect on May 6, 2026.
                                               - 92 -

Child Sexual Abuse Material Amendments

Sponsors

Rep. Ariel Defay (R) sponsors HB 289, and 1 member has co-sponsored it.

Committees

HB 289 went before 3 committees: Rules, Law Enforcement and Criminal Justice and Judiciary, Law Enforcement, and Criminal Justice.

Rules
Rules
Referred to · Jan 20, 2026
Law Enforcement and Criminal Justice
Law Enforcement and Criminal Justice
Referred to · Jan 28, 2026
Judiciary, Law Enforcement, and Criminal Justice
Judiciary, Law Enforcement, and Criminal Justice
Referred to · Feb 25, 2026

History

HB 289 has taken 40 actions since Jan 19, 2026, the latest on Mar 24, 2026.

ChamberAction
Mar 24, 2026
—
Governor Signed in Lieutenant Governor's office for filing
Mar 16, 2026
House
House/ received enrolled bill from Printing in Clerk of the House
Mar 16, 2026
—
House/ to Governor in Executive Branch - Governor
Mar 12, 2026
House
Enrolled Bill Returned to House or Senate in Clerk of the House
Mar 12, 2026
House
House/ enrolled bill to Printing in Clerk of the House

Votes

HB 289 went to 5 roll calls across both chambers, the latest on Mar 6, 2026 at 25–0.

ChamberQuestion
Yea
Nay
Mar 6, 2026
Senate
Senate/ passed 2nd & 3rd readings/ suspension
25
0
Feb 27, 2026
Senate
Senate Comm - Favorable Recommendation
5
0
Feb 17, 2026
House
House/ passed 3rd reading
71
0
Feb 5, 2026
House
House Comm - Amendment Recommendation
9
0
Feb 5, 2026
House
House Comm - Favorable Recommendation
9
0

Source: le.utah.gov · legiscan.com