UtahH.B. 2892026 General SessionHouseWALLET

Child Sexual Abuse Material Amendments

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 4 benefits, 6 costs, 6 mixed.

More crimes require 10-year registry

People convicted of possessing or distributing apparent child sexual abuse images, or obscene material showing minor abuse, must register. The default registration period is 10 years after the sentence ends, unless another law requires a longer period.

Tougher sentences for repeat sex offenders

Each prior sexual‑offense conviction adds five years to the minimum and maximum sentence for a new sexual offense. The law also expands which crimes count as violent felonies to include several CSAM and sexual‑exploitation crimes, which can trigger harsher repeat‑offender penalties.

Way to get off the registry

If you have a qualifying offense, you may petition to be removed from the registry after 10 years. You must have no class A misdemeanor or felony in the last 10 years, finish court‑ordered treatment, and pay all restitution. Timing runs from the later of the law’s listed community‑entry events.

Enterprise cases now include CSAM crimes

Possession, distribution, and certain obscene‑material offenses involving child abuse now count as predicate crimes in enterprise cases. This gives prosecutors more tools to pursue organized criminal activity tied to these offenses.

Custody blocked for some nonparents

Courts may not grant custody to a nonparent who has certain felony convictions. The list includes sexual exploitation, aggravated sexual exploitation, and certain CSAM offenses.

Devices with child abuse images forfeitable

Computers that contain or were used to make, upload, or store child sexual abuse images can be seized and forfeited. Devices that hold someone else’s ID data used to make fake IDs or payment cards can also be forfeited.

Stricter background checks for child-care workers

The state denies direct-access worker status if you were convicted of certain sex or pornography crimes within the last three years. This includes crimes involving exploitation of a minor, aggravated sexual exploitation, possession or distribution of apparent child sexual abuse material, or obscene material depicting the sexual abuse of a minor. Denial blocks jobs that give direct access to children or vulnerable adults.

New crimes for AI-made child images

The law treats AI‑generated or realistic “apparent” child sexual images the same as other child sexual abuse material. Possessing or viewing it is a second‑degree felony. Producing or sharing it is a first‑degree felony (second‑degree if the actor is under 18). Prosecutors do not have to prove the child is a real person. A close‑in‑age defense exists in narrow cases, and a separate second‑degree felony covers obscene material of minor abuse when other sections do not. Courts may judge parts of the material and do not require proof it is prurient or patently offensive. Certain officials have legal immunity when they act in good faith while handling this evidence.

Reporting rules for computer technicians

Paid computer technicians must report suspected child sexual abuse images right away. Not reporting is a class B misdemeanor. Employers may set a designated‑employee process that counts as reporting, and those who act in good faith have legal immunity. A reporting technician’s identity is confidential except for investigations or court needs. Internet and communications providers that already report under federal law are exempt, and servers used to meet that federal duty are not treated as forfeitable computers.

Strict adoption path for past offenders

Beginning May 6, 2026, an adult with a disqualifying conviction can be considered to adopt only in narrow cases. At least 10 years must have passed since release, and there can be no serious convictions in the prior 10 years. The person must show rehabilitation, a long relationship and bond with the child, and the court must find low risk based on the child and the offense. Only stepparent adoptions (with the spouse’s consent) or certain relative adoptions are allowed. If a responsible relative without a disqualifying offense is also filing, that person gets preference; before granting over that relative, the court orders a custody evaluation and appoints a guardian ad litem. The adult must prove adoption is in the child’s best interest.

Who can adopt: marriage, age, limits

Starting May 6, 2026, a child may be adopted by married adults or by a single adult. A married adult who is lawfully separated needs the spouse’s consent if the spouse can consent. At least a 10‑year age gap is required (one spouse must meet it if married). Cohabiting, non‑married adults may not adopt, with exceptions for relatives and Indian Child Welfare Act placements. Adults with listed serious convictions, including certain CSAM offenses and obscene minor‑abuse material, are disqualified, and similar out‑of‑state crimes also count. The statute applies its disqualification and conditional‑eligibility rules to adoption cases pending on or filed after March 25, 2017.

Juvenile system recognizes CSAM as abuse

The juvenile code now treats sexual exploitation, sexual abuse, and trafficking of a child as abuse, including CSAM‑related conduct. Courts and child welfare can act on these cases. Juvenile sentencing rules must include sanctions and list factors for CSAM and related offenses.

Attorney General unit for online child crimes

The Attorney General creates an Internet Crimes Against Children unit. It investigates and prosecutes CSAM, apparent CSAM, obscene CSAM, and online enticing of minors, and can hire investigators, prosecutors, and staff.

Victims who report avoid prostitution charges

A prosecutor cannot charge a person with prostitution when the person, at or near the time, was a victim or witness of listed offenses and reported in good faith. This protects certain victims and witnesses who help law enforcement.

Stricter rules for handling CSAM evidence

Police or the court keep CSAM evidence; defendants cannot copy it. Self‑represented defendants may request counsel to inspect it. A sheriff must give jailed defendants a private space to review discovery with their lawyer, and lawyers cannot leave banned images or sensitive data behind. State agencies must secure this material and limit retention, and good‑faith staff who must handle it have legal protection.

Library internet filters to protect minors

Public libraries that take state funds must run and enforce internet filters that block child sexual abuse material, apparent CSAM, obscene CSAM, material harmful to minors, and obscene material. The filter must be on whenever a minor uses the library network, including wireless. A library administrator may turn it off for an adult or for research or other lawful reasons. Libraries that do not comply risk losing state funding.

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Sponsors & Cosponsors

Sponsor

Ariel Defay
Republican • House

Cosponsors

Calvin R. Musselman
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 119 • No: 0

Senate vote • 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 25 • No: 0

House vote • 2/27/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 0

House vote • 2/17/2026

House/ passed 3rd reading

Yes: 71 • No: 0

House vote • 2/5/2026

House Comm - Amendment Recommendation

Yes: 9 • No: 0