UtahH.B. 2892026 General SessionHouse

Child Sexual Abuse Material Amendments

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 3 benefits, 2 costs, 8 mixed.

Repeat offenders face longer prison terms

Beginning May 6, 2026, the new material offenses enter Utah’s repeat-offender sentencing rules. Each qualifying prior sex-offense conviction adds five years to both the minimum and maximum sentence, with consecutive mandatory imprisonment. The prior conviction must precede the new offense and come from a separate criminal episode, as found by the fact-finder. Habitual violent-offender rules cover the new offenses after at least two qualifying prior convictions resulting in prison commitment and a finding beyond reasonable doubt. The offenses also count under pattern-of-unlawful-activity rules, including covered attempts and conspiracies. Prosecutors generally need not prove sexual appeal or a plainly offensive portrayal under the child-exploitation chapter, unless an offense specifically requires it.

Care applicants face stricter background checks

Beginning May 6, 2026, covered applicants lose direct-access approval after a listed material-offense conviction within three years before their background check. A limited exception covers certain peer-support and mental-health jobs serving only adults with a primary mental-health diagnosis, with or without substance-use disorders. A separate felony bar applies to congregate-care applicants, prospective foster or adoptive homes, and adults living in those homes. That bar also covers equivalent out-of-state offenses and applies despite ordinary review and approval provisions.

Custody and adoption face new conviction limits

Beginning May 6, 2026, courts generally cannot grant nonparent custody or approve adoption after qualifying new material-offense felonies or attempted felonies. Convictions, guilty pleas, and no-contest pleas count before the custody order or adoption is finalized. Applicants must establish an exception with clear and convincing evidence. The narrow relative exception requires at least 10 years since release from custody, parole, or probation, and no convictions above infractions in the prior 10 years. It also requires treatment or rehabilitation evidence and court findings that risk is unlikely and placement serves the child’s best interests.

New felonies for obscene child abuse material

Beginning May 6, 2026, knowingly or intentionally making, sharing, or receiving obscene child sexual abuse material is a second-degree felony. Possession with intent to share is also covered, unless the conduct falls under the existing exploitation offenses. A defense requires defendants not to have requested the material from a depicted child. They must be no more than two years older than any depicted child and destroy all copies when police or a depicted child asks. The material also cannot depict a covered sexual offense.

New felonies for realistic child abuse images

Beginning May 6, 2026, intentionally or knowingly possessing or viewing apparent child sexual abuse material is a second-degree felony. Accessing or keeping access with intent to view is also covered. Intentionally making or sharing it is a first-degree felony, reduced to second-degree when the actor was under 18. Each child depicted and each distinct depiction of the same child counts separately; prosecutors need not prove the child is real. A possession defense covers defendants no more than two years older than the depicted child who meet two additional requirements. They must remove or destroy all copies when an officer asks, and the material cannot depict a covered sexual offense.

Registry expands, with limited removal paths

Beginning May 6, 2026, the new material offenses become registrable, including equivalent out-of-state offenses with qualifying Utah connections. Qualifying registrable attempts, solicitations, and conspiracies require 10 years of registration after the sentence ends. Certain prior convictions or prior juvenile registration instead trigger lifetime registration. For offenders under 21, courts must consider covered material when deciding whether force or coercion blocks a 10-year rather than lifetime term. Eligible 10-year registrants can petition for removal after the applicable 10 years in the community, but removal is not automatic. They must have no class A misdemeanor, felony, or capital felony conviction in the latest 10 years, finish ordered treatment, and pay related ordered restitution.

Crime reporters get broader prostitution charge protection

Beginning May 6, 2026, prostitution prosecution protections cover reports of the new apparent and obscene child abuse material crimes. Prosecutors cannot charge prostitution when a person engages in it near the time they witness or experience a covered crime or attempt. The person must report that crime or attempt to law enforcement in good faith.

Library users face broader internet filters

Beginning May 6, 2026, public libraries providing internet access must meet expanded filtering rules to receive state funds. Their policies and filters must block apparent and obscene child sexual abuse material alongside already covered material. Filters must protect minors using wired or wireless access. Librarians can disable filters for lawful research by adults, and libraries can adopt additional restrictions.

Technicians must report, good-faith workers get protection

Beginning May 6, 2026, paid computer technicians must immediately report covered abuse material they view or reasonably believe they encounter. Reports can go to law enforcement, the national Cyber Tip Line, or a designated employer employee. Willful failure remains a class B misdemeanor; specified providers following federal reporting law are exempt. Listed organizations, investigators, court workers, jurors, attorneys, and child-protection workers receive civil and criminal protection under the new offenses. Protection requires good-faith compliance with the material-handling law and work within their authorized role, including covered reporting, preservation, and prevention tasks.

Child internet crime investigators cover more images

Beginning May 6, 2026, Utah’s Attorney General child internet crime unit also investigates and prosecutes apparent and obscene abuse-material cases. Its scope continues to include child sexual abuse material and online enticement of minors into illegal sexual acts. The law includes no new appropriation.

Child protection rules cover AI images

Beginning May 6, 2026, Utah’s child sexual abuse material definitions cover qualifying images made with artificial intelligence. Apparent material includes realistic depictions of children who appear under 12 or have prepubescent features. Covered images also include altered depictions that appear to show an identifiable child in sexual activity. Knowing conduct involving the new apparent or obscene material offenses counts as sexual exploitation, even without charges or convictions.

Youth sentencing guidelines address new image crimes

Beginning May 6, 2026, Utah’s juvenile sentencing guidelines must address sanctions for the new apparent and obscene material offenses. They must include offense-specific factors that can increase or reduce the sanction. This provision does not set a particular sanction or amount.

Sensitive images face tighter access controls

Beginning May 6, 2026, lawyers cannot leave apparent or obscene child sexual abuse material with prisoners at Utah jails. Those materials are excluded from the government-record definition, blocking access through that public-records route. The covered department and its divisions must apply retention limits and handling safeguards to these materials. Unlawful employee viewing requires guidance from human-resources officials and local law enforcement. Material obtained through reports or investigations must be secured immediately, along with any relevant device, and reported to the law-enforcement office with jurisdiction.

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

Senate 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