HB 90: Sexual Offenses Amendments - Utah

Substitute #2 → Enrolled · 6 edits · Mar 26, 2026

MODERATE

This bill updates Utah's criminal code and employment laws to clarify definitions of sexual offenses, strengthen protections for victims of sexual assault and harassment, and refine sentencing guidelines for juveniles and adults. It also introduces new requirements for public employers regarding criminal background checks for mental health professionals and expands protections against non-disclosure clauses in sexual misconduct settlements.

Scope change

The bill expands the scope of protected activities for sexual assault victims by voiding confidentiality clauses and broadens the applicability of certain employment protections to contractors, while simultaneously tightening definitions of sexual offenses to exclude specific minor offenses in certain contexts.

DEFINITION

Updated definitions of 'sexual offense' across multiple sections to explicitly exclude enticing a minor, sexual battery, and lewdness in specific legal contexts.

Clarified definitions of 'sexual abuse' and 'sexual exploitation' in the Juvenile Code to ensure consistency in how these terms apply to minors.

REQUIREMENT

Added restrictions on public employers from excluding mental health professional applicants based on pre-18 arrests or expunged records and prohibited inquiries into such histories.

ENFORCEMENT

Established that confidentiality and non-disparagement clauses in sexual assault/harassment settlements are void and unenforceable, with liability for employers attempting to enforce them.

ELIGIBILITY

Modified eligibility criteria for crime victim reparations to clarify who qualifies as a victim and what constitutes criminally injurious conduct.

TIMELINE

Adjusted sentencing limitations for juveniles convicted of sexual offenses, specifying maximum incarceration terms based on age and offense severity.

Substitute #1 → Substitute #2 · 6 edits

MODERATE

The bill clarifies how sexual offenses are defined across various Utah statutes, ensuring consistency in terms like 'sexual abuse' and 'sexual exploitation.' It also adds a special effective date provision and updates background check requirements to include specific sexual offenses in denial criteria for working with children or vulnerable adults.

Scope change

The scope of the bill expanded to include explicit definitions of sexual offenses in multiple unrelated sections (nonprofit dissolution, background checks, juvenile codes, and protective orders), ensuring these terms are consistently applied throughout the code.

DEFINITION

Added a 'Special Effective Date' clause to the Long Title to clarify when the bill takes effect.

Updated definitions of 'Sexual Offense' and 'Sexual Abuse' in multiple sections to explicitly include or exclude specific crimes like enticing a minor, sexual battery, and lewdness.

Clarified that 'Sexual Violence' includes human trafficking for sexual exploitation but excludes certain lesser offenses like lewdness.

ELIGIBILITY

Modified background check rules to deny access for individuals convicted of specific sexual offenses, including those not previously covered or with updated timeframes.

REQUIREMENT

Revised the definition of 'Child Abuse' to explicitly include sexual offenses under Title 76, Chapter 5, Part 4.

TECHNICAL

Removed a fragmented, incomplete subsection regarding 'Sexual abuse' exclusions in the Juvenile Code definitions.

Introduced → Substitute #1 · 4 edits

MODERATE

This bill clarifies the definition of 'sexual offenses' throughout the Utah Code to ensure consistency across various legal contexts. It specifically excludes certain minor offenses like lewdness and enticing a minor from being classified as sexual offenses in specific statutes, while maintaining them as separate crimes. The changes standardize how sexual offenses are defined for purposes of sentencing enhancements, background checks, protective orders, and diversion eligibility.

Scope change

The scope of the bill's applicability was narrowed in specific contexts by explicitly excluding certain offenses (enticing a minor, sexual battery, lewdness, and lewdness involving a child) from the definition of 'sexual offense' in multiple sections, while keeping them as distinct criminal charges.

DEFINITION

Added explicit exclusions for 'enticing a minor,' 'sexual battery,' 'lewdness,' and 'lewdness involving a child' from the definition of 'sexual offense' in over 20 different sections of the Utah Code.

ENFORCEMENT

Updated sentencing enhancement rules to apply only to sexual offenses excluding the newly defined exclusions, ensuring these specific crimes are punished under their own specific statutes rather than enhanced sexual offense penalties.

ELIGIBILITY

Adjusted eligibility criteria for background checks and diversion programs to specifically reference the updated definition of sexual offenses, ensuring consistent application of restrictions.

REQUIREMENT

Modified requirements for body-worn camera deactivation and electronic communications orders to align with the clarified definition of sexual offenses.

Sexual Offenses Amendments

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