76-3-407. Repeat and habitual sex offenders — Additional prison term for prior felony convictions.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-3-407- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Prior sexual offense” means:
| (i) |
a felony offense described in 4; |
| (ii) |
sexual exploitation of a minor, Section 76-5b-201; |
| (iii) |
aggravated sexual exploitation of a minor, Section 76-5b-201.1; |
| (iv) |
a felony offense of enticing a minor, Section 76-4-401; |
| (v) |
a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iv); or |
| (vi) |
an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (v). |
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| (b) |
“Sexual offense” means:
| (i) |
an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in 4; |
| (ii) |
sexual exploitation of a minor, Section 76-5b-201; |
| (iii) |
aggravated sexual exploitation of a minor, Section 76-5b-201.1; |
| (iv) |
a felony offense of enticing a minor, Section 76-4-401; |
| (v) |
a felony attempt to commit an offense described in Subsections (1)(b)(ii) through (iv); or |
| (vi) |
an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (v). |
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|
| (2) |
Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
| (a) |
the defendant was convicted of a prior sexual offense; and |
| (b) |
the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced. |
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| (3) |
The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant. |
Amended by Chapter 457, 2023 General Session
