HB 197: Criminal Conduct Amendments - Utah

Substitute #2 → Enrolled · 5 edits · Mar 26, 2025

MODERATE

This bill amends Utah's laws regarding the crime of enticing a minor and the Sex, Kidnap, and Child Abuse Offender Registry. It clarifies that a 'minor' is under 18, updates how courts determine if an offender under 21 used force or coercion when deciding on lifetime registration, and establishes new procedures for offenders to petition for removal from the registry, including specific notice requirements for victims.

Scope change

The bill expands the scope of registration exemptions for offenders under 21 by allowing courts to consider factors like victim vulnerability and fraud to avoid lifetime registration if force or coercion was not used. It also clarifies jurisdictional rules for offenders required to register due to out-of-state convictions.

DEFINITION

Clarified that the term 'minor' specifically means an individual under 18 years old.

ELIGIBILITY

Added factors courts must consider (such as victim age, vulnerability, and use of fraud) to determine if an offender under 21 used force or coercion, which affects whether they face lifetime registration.

REQUIREMENT

Requires offenders petitioning for registry removal to submit to an evidence-based risk assessment and mandates that prosecutors notify victims of these petitions.

Clarified that offenders on Utah's registry who were originally required to register in another jurisdiction must be removed from the other jurisdiction's registry first before they can be removed from Utah's registry.

TIMELINE

Updated the effective date of the bill from February 27, 2025, to March 6, 2025.

Introduced → Substitute #1 · 5 edits

MODERATE

This bill amends Utah's laws regarding the crime of enticing a minor and the Sex, Kidnap, and Child Abuse Offender Registry. It clarifies the definition of a 'minor' for enticement cases, adds specific factors courts must consider when deciding if an under-21 offender used force or coercion, and updates the registry removal process to include coordination with other pending legislation (S.B. 41).

Scope change

The bill's scope was expanded to include a coordination clause ensuring technical consistency with S.B. 41, and the applicability of lifetime registration for under-21 offenders was modified based on whether force or coercion was used.

DEFINITION

The definition of 'minor' for the crime of enticing a minor remains under 18, but new factors were added for courts to evaluate force or coercion when the offender is under 21.

REQUIREMENT

Courts must now consider specific factors like victim vulnerability and use of fraud when determining if an under-21 offender used force or coercion, which affects whether they face lifetime registry registration.

ELIGIBILITY

The process for removing offenders from the registry was updated to include requirements for evidence-based risk assessments and coordination with external jurisdictions.

TECHNICAL

A coordination clause was added to align technical changes with S.B. 41, and specific subsections of S.B. 41 were amended to reflect the new registration rules.

ENFORCEMENT

Procedures for notifying victims of registry removal petitions were clarified to ensure they receive notice and can object within a specific timeframe.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill amends Utah's criminal code to strengthen penalties for enticing minors and updates the Sex, Kidnap, and Child Abuse Offender Registry requirements. It clarifies how courts determine if offenders under 21 used force or coercion, which affects how long they must remain on the registry. The bill also clarifies which prosecutor handles removal petitions and requires offenders from other jurisdictions to be removed from their original registry before being removed from Utah's registry.

Scope change

The bill expands the scope of the offender registry by adding specific factors courts must consider when determining if an offender under 21 used force or coercion, potentially reducing lifetime registration requirements for some offenders who did not use force or coercion.

REQUIREMENT

Added specific factors courts must consider when determining if an offender under 21 used force or coercion, including victim age, vulnerability, harm suffered, and use of fraud or deception.

Clarified that offenders required to register due to offenses committed in other jurisdictions must be removed from those registries before being removed from Utah's registry.

ENFORCEMENT

Clarified which prosecuting agency receives removal petitions and their responsibilities for notifying victims about the petitions.

TECHNICAL

Made technical corrections to the enticement of a minor statute, including clarifying language about electronic communications and relationship development.

TIMELINE

Set the effective date of the bill as May 7, 2025, with coordination provisions for S.B. 41.

Criminal Conduct Amendments

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