HB 207: Sexual Offense Revisions - Utah

Substitute #3 → Enrolled · 6 edits · Mar 26, 2025

MODERATE

This bill updates Utah's sexual offense laws by clarifying definitions of female breasts to include undeveloped ones, expanding child sexual abuse material laws to cover minors observing such conduct, and adding a 'safe harbor' exemption for employees who must view such material for their jobs. It also modifies penalties for repeat sex offenders and adjusts sentencing for specific sexual abuse scenarios.

Scope change

The scope of criminal liability was expanded to include minors observing sexually explicit conduct and employees viewing such material within their job duties, while simultaneously creating exemptions for those employees.

DEFINITION

Redefined 'female breast' to explicitly include undeveloped or partially developed breasts for legal purposes.

Expanded the definition of 'child sexual abuse material' to include instances where a minor is observing or being used for sexually explicit conduct.

Adjusted the definition of 'sexual explicit conduct' to clarify the inclusion of defecation or urination depictions.

ENFORCEMENT

Created a 'safe harbor' provision exempting employees and contractors from liability if they access child sexual abuse material solely within the scope of their employment duties.

REQUIREMENT

Changed the mental state required for sexual exploitation of a minor from 'knowingly' to 'intentionally' in certain contexts.

Removed a lesser penalty option for aggravated sexual exploitation when the depicted individual is 14 or older and pubescent.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill updates Utah's sexual offense laws to include new definitions for 'female breast' covering undeveloped or partially developed breasts, expands the definition of child sexual abuse material to include minors observing such conduct, and modifies penalties for repeat offenders. It also adds a coordination clause to align with a companion bill regarding probation restrictions.

Scope change

The bill's scope expanded to include new definitions for sexual conduct involving undeveloped breasts and minors observing abuse material, while the coordination clause extends its applicability to interact with another legislative bill.

DEFINITION

The definition of 'female breast' was modified to explicitly include breasts that are undeveloped or partially developed for the purpose of sexual offense statutes.

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

REQUIREMENT

The mental state required to commit the offense of sexual exploitation of a minor was changed to include accessing child sexual abuse material with the intent to view.

The offense of aggravated sexual exploitation of a minor was amended to remove a lesser penalty for cases where the depicted individual is 14 or older and pubescent.

ENFORCEMENT

A safe harbor provision was added to exempt certain employees and independent contractors from liability if they access child sexual abuse material within the scope of their employment.

TECHNICAL

A coordination clause was added to ensure that changes to Section 76-3-406 in this bill align with changes made in a companion bill, H.B. 78.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill amends Utah's sexual offense laws to strengthen penalties for repeat offenders, expand definitions to include undeveloped breasts and minors observing sexual acts, and add protections for employees who must view child abuse material in their jobs.

Scope change

The bill expands the scope of sexual offenses to include additional conduct and broadens the definition of protected individuals in certain contexts.

DEFINITION

Redefined 'female breast' to include undeveloped or partially developed breasts, ensuring protection for younger victims.

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

REQUIREMENT

Added requirement for mandatory imprisonment for repeat sex offenders, removing judicial discretion to grant probation.

Created a safe harbor provision protecting employees and contractors who must view child sexual abuse material within their job duties.

Removed a lesser penalty for aggravated sexual exploitation when material depicts individuals aged 14+ who are pubescent.

ENFORCEMENT

Changed the mental state requirement for sexual exploitation of a minor from 'knowingly' to 'intentionally' viewing or possessing material.

TECHNICAL

Added coordination clause to merge changes with another bill (H.B. 78) regarding mandatory imprisonment for certain felonies.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill revises Utah's sexual offense laws to expand protections for minors, clarify definitions of sexual abuse, and modify sentencing for repeat offenders. Key changes include expanding the definition of 'female breast' to include undeveloped breasts, adding 'observing' minors to child sexual abuse material definitions, and adjusting penalties for repeat sex offenders.

Scope change

The bill expands the scope of protected conduct by including undeveloped breasts in sexual abuse definitions and adding 'observing' minors to child sexual abuse material provisions, while narrowing some repeat offender enhancements by removing certain prior offense categories.

DEFINITION

Expanded 'female breast' definition to include undeveloped or partially developed breasts in sexual abuse statutes, ensuring protection for younger girls.

Added 'observing' to the definition of child sexual abuse material, criminalizing depictions where minors are shown watching sexual acts.

Modified 'sexual explicit conduct' definition to include explicit representation of defecation or urination for sexual arousal purposes.

Added 'vulnerable adult sexual abuse material' definition to expand child sexual abuse material protections to include vulnerable adults.

REQUIREMENT

Modified repeat offender sentencing by removing sexual exploitation of minors from the list of prior offenses that trigger enhanced penalties, while keeping aggravated sexual exploitation.

Added requirement that repeat offender sentences must include mandatory imprisonment with specific findings on the record.

ENFORCEMENT

Modified safe harbor provisions for employees required to view child sexual abuse material, clarifying scope of employment protections.

TECHNICAL

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

Sexual Offense Revisions

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