UtahH.B. 382025 General SessionHouseWALLET

Criminal Offenses Modifications

Sponsored By: Ryan D. Wilcox (Republican)

Signed by Governor

GangsControlled SubstancesCrimesLaw Enforcement and Criminal JusticeSexual OffensesPunishmentFinesHuman TraffickingProstitutionTheftSentencing

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 1 benefits, 8 costs, 2 mixed.

Group crime expands nuisance eviction grounds

Beginning May 7, 2025, nuisance rules cover crimes committed by an actor with at least two other participants, rather than three. The same lower group-size threshold applies to nuisance actions seeking eviction. Property owners and authorities gain broader grounds for action, while tenants face added eviction exposure at premises used for these crimes.

Card crime laws cover prepaid payments

Financial transaction card crime laws now cover certain prepaid cards, codes, and devices. Covered instruments are issued to consumers for a set prepaid amount and redeemable for goods or services. They may work at a merchant or through a payment card network and may be reloadable or nonreloadable.

Higher fines for buying sexual services

Patronizing prostitution is a class A misdemeanor with a minimum $5,000 fine. Two or more qualifying prior convictions make it a third-degree felony with a minimum $10,000 fine. Involving a child, or someone the actor believes is under 18, brings a second-degree felony and minimum $20,000 fine. Believing a child is 18 or older is not a defense. Courts cannot waive or suspend these fines and must require offenders to pay for and finish an approved education program.

Higher penalties for coordinated group crimes

Listed crimes committed with two or more other people can receive a one-degree penalty increase, up to a first-degree felony. The other participants must be physically present and taking part. For listed theft, fraud, and related offenses, this group route also requires travel over 50 miles from home or a qualifying prior conviction. Gang or organized-group benefit, direction, association, or status-seeking provides another route to enhanced penalties. Prosecutors must allege the enhancement, and the required findings must be proved beyond a reasonable doubt; courts retain lawful probation options.

Higher penalties for injurious sexual extortion

Aggravated sexual extortion of an adult is a first-degree felony when the victim suffers bodily injury or severe psychological injury. The injury must occur during or result from the offense. Other listed aggravated offenses against adults remain second-degree felonies; those involving children or vulnerable adults remain first-degree felonies.

More crimes count toward racketeering charges

Sexual extortion now counts as unlawful activity for Utah racketeering cases. Beginning May 7, 2025, listed gang recruitment and intimidation offenses involving minors also count, including aggravated versions. A racketeering pattern requires at least three related episodes, with the most recent within five years of a prior episode. At least one act must occur after July 31, 1981.

More prior convictions raise theft penalties

Substantially equivalent convictions from other jurisdictions, including state, federal, and military courts, now count toward higher theft offense grades. This covers theft, unauthorized possession, fuel theft, deception, extortion, receiving stolen property, and lost-property theft. It also covers service and cable theft, retail theft, and theft by custodians under repair or rental agreements. Existing conviction-count and timing rules still apply, including some routes requiring two prior offenses or a prior felony within 10 years. Retail-specific rules commonly use a five-year lookback.

Tougher penalties for selling or aiding prostitution

A prostitution violation generally remains a class B misdemeanor, but a qualifying prior conviction raises it to class A. Aiding prostitution is generally a class A misdemeanor; one qualifying prior conviction makes it a third-degree felony. Aiding includes arranging or helping prostitution, including providing premises. Every aiding conviction carries a minimum $10,000 fine that courts cannot waive or suspend. Qualifying priors include similar local offenses and substantially equivalent offenses from other jurisdictions.

Tougher shoplifting penalties after store bans

Retail theft grades use the retail value of merchandise or shopping carts. Higher grades apply after theft at the same establishment within five years and receipt of the merchant's written entry ban. Under those conditions, theft worth $500 to less than $1,500 is a third-degree felony; theft below $500 is class A. Intentionally removing a theft detector before purchase without permission is class B for merchandise below $500, or class A at $500 or more.

Updated penalties for two listed offenses

Beginning May 7, 2025, the violation in Section 76-5d-203(2) is generally a class A misdemeanor. At least two qualifying prior convictions raise it to a third-degree felony. The violation in Section 76-5d-204(2) is generally a second-degree felony with a minimum $20,000 fine. Both rules have statutory exceptions; the supplied provisions do not describe the underlying conduct or those exceptions.

Broader gang rules and tougher recruitment penalties

The gang definition now covers active groups of at least three with an identifying name, sign, or symbol and crime as their main activity. A gang-activity pattern includes at least two offenses within five years meeting the law's group and intent requirements. Recruiting a minor, or intimidating one to stay, is class A when the actor is a minor and a third-degree felony for adults. Using a dangerous weapon, causing serious bodily injury, or causing serious emotional distress raises those grades to third- and second-degree felonies, respectively. The offenses apply even if recruitment or intimidation fails. The revised recruitment section drops its separate offense for causing a minor to commit a misdemeanor.

Sponsors & Cosponsors

Sponsor

  • Ryan D. Wilcox

    Republican • House

Cosponsors

  • Melissa G. Ballard

    Republican • House

  • Burton, J.

    Affiliation unavailable

  • Clancy, T.

    Affiliation unavailable

  • Gwynn, M.

    Affiliation unavailable

  • Katy Hall

    Republican • House

  • Jason B. Kyle

    Republican • House

  • Lee, T.

    Affiliation unavailable

  • Calvin R. Musselman

    Republican • Senate

  • Candice B. Pierucci

    Republican • House

  • Andrew Stoddard

    Democratic • House

  • Mark A. Strong

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 190 • No: 0

House vote • 3/5/2025

House/ concurs with Senate amendment

Yes: 68 • No: 0

Senate vote • 3/5/2025

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 25 • No: 0

Senate vote • 3/5/2025

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 3/5/2025

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/28/2025

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

Senate vote • 2/28/2025

Senate Comm - Substitute Recommendation

Yes: 4 • No: 0

House vote • 2/12/2025

House/ uncircled

Yes: 0 • No: 0

House vote • 2/12/2025

House/ substituted

Yes: 0 • No: 0

House vote • 2/12/2025

House/ passed 3rd reading

Yes: 69 • No: 0

House vote • 2/11/2025

House/ circled

Yes: 0 • No: 0

House vote • 2/3/2025

House Comm - Substitute Recommendation

Yes: 10 • No: 0

House vote • 2/3/2025

House Comm - Favorable Recommendation

Yes: 10 • No: 0

Senate vote • Unknown

Senate/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ substituted

Yes: 0 • No: 0

House vote • Unknown

House/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ circled

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ circled

Yes: 0 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2025
  2. House/ to Governor

    3/17/2025House
  3. House/ received enrolled bill from Printing

    3/17/2025House
  4. House/ enrolled bill to Printing

    3/13/2025House
  5. Enrolled Bill Returned to House or Senate

    3/13/2025
  6. Draft of Enrolled Bill Prepared

    3/7/2025
  7. Bill Received from House for Enrolling

    3/7/2025
  8. House/ signed by Speaker/ sent for enrolling

    3/6/2025House
  9. House/ received from Senate

    3/6/2025House
  10. Senate/ to House

    3/5/2025Senate
  11. Senate/ signed by President/ returned to House

    3/5/2025Senate
  12. Senate/ received from House

    3/5/2025Senate
  13. House/ to Senate

    3/5/2025House
  14. House/ concurs with Senate amendment

    3/5/2025House
  15. House/ placed on Concurrence Calendar

    3/5/2025House
  16. House/ received from Senate

    3/5/2025House
  17. Senate/ to House with amendments

    3/5/2025Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/5/2025Senate
  19. Senate/ uncircled

    3/5/2025Senate
  20. Senate/ circled

    3/5/2025Senate
  21. Senate/ 2nd & 3rd readings/ suspension

    3/5/2025Senate
  22. Senate/ placed on 2nd Reading Calendar

    3/3/2025Senate
  23. Senate/ comm rpt/ substituted

    3/3/2025Senate
  24. Senate Comm - Favorable Recommendation

    2/28/2025Senate
  25. Senate Comm - Substitute Recommendation

    2/28/2025Senate

Bill Text

  • Enrolled

    3/13/2025

  • Substitute #4

    2/27/2025

  • Substitute #3

    2/7/2025

  • Substitute #2

    2/3/2025

  • Substitute #1

    1/25/2025

  • Introduced

    12/19/2024

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