UtahH.B. 902026 General SessionHouseWALLET

Sexual Offenses Amendments

Sponsored By: Gwynn, Matthew H.

Signed by Governor

CrimesLaw Enforcement and Criminal JusticeSexual Offenses

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Bill Overview

Analyzed Economic Effects

20 provisions identified: 13 benefits, 4 costs, 3 mixed.

Broader domestic violence and release protections

Beginning January 1, 2027, domestic-violence law covers more sexual offenses committed or attempted by one cohabitant against another. Added conduct includes enticing a minor, lewdness, lewdness involving a child, and sexual exploitation or aggravated sexual exploitation of a minor. Separately, enticing a minor counts as a qualifying offense for jail release agreements and related court orders. That sexual-offense release definition covers completed or attempted offenses but still excludes lewdness and lewdness involving a child.

Child welfare includes enticing a minor

Beginning January 1, 2027, Utah child-welfare proceedings include enticing a minor in the definition of sexual abuse. The separate exclusion for unlawful sexual activity with a minor remains when the alleged perpetrator is also a minor.

More convictions can support custody changes

Beginning January 1, 2027, more sexual-offense convictions can support a request to change child custody. The rule applies when a parent knows someone living with that parent or accessing the child has a covered conviction. Added convictions are those under Sections 76-5-417, 76-5-418, and 76-5-419. These facts can establish a substantial and material change in circumstances. They do not automatically change the custody order.

More victims can seek safety protections

Beginning January 1, 2027, enticing a minor and sexual battery count toward sexual-violence protective orders and Safe at Home eligibility. Protective orders can be sought for completed or attempted covered offenses. Safe at Home enrollment is not automatic. Both definitions still exclude lewdness, lewdness involving a child, and a computer technician’s failure to report child sexual abuse material.

More victims qualify for help and rights

Beginning January 1, 2027, Utah expands sexual-offense coverage under its victim reparations and victims’ rights laws. Reparations claims can include enticing a minor, sexual battery, lewdness, and lewdness involving a child. Claims still must meet the reparations program’s other requirements; the law sets no new award amount. Victims’ rights coverage adds enticing a minor and lewdness involving a child, including affected minors and eligible family members.

More young defendants can receive diversion

Beginning January 1, 2027, courts can consider diversion for more sexual offenses allegedly committed before age 16. The court must find no force or coercion, an age gap of no more than three years, and diversion serves the person’s best interest. It must also find that delayed reporting or filing prevented the matter from being handled in juvenile court. That last finding is not required for matters brought under Sections 80-6-502 or 80-6-504. The required findings must be made on the record.

Young children can receive longer treatment

Beginning January 1, 2027, judges can extend a juvenile nonjudicial adjustment for a sexual offense committed before age 12. The child must have been offered that adjustment or referred to a prosecutor. A judge must find that specific treatment is necessary and cannot be completed within 180 days. A developmentally appropriate clinical assessment must support the need. Each extension can last up to 90 days, with further extensions allowed until treatment is complete.

Broader health procedures after sexual offenses

Beginning January 1, 2027, the affected medical-care rules cover more sexual offenses when the conduct may result in pregnancy. The definition no longer excludes enticing a minor, sexual battery, lewdness, or lewdness involving a child. Separately, HIV-testing procedures after alleged sexual offenses include lewdness and lewdness involving a child. The HIV-testing definition still excludes enticing a minor and sexual battery.

More treatment options after sexual convictions

Beginning January 1, 2027, treatment funded through the Sexually Explicit Business and Escort Service Fund covers more sexual-offense convictions. Corrections may use its 60% share for adults who are not working or are indigent and are not incarcerated. Its 10% share can fund juvenile treatment. Adult Probation and Parole may use its 15% share for outpatient treatment of eligible people who are not incarcerated. The law specifies no new dollar appropriation or individual treatment amount.

Workers gain broader misconduct disclosure protections

Beginning January 1, 2027, workplace sexual-misconduct protections cover all conduct under Utah’s sexual-offense statutes. Added offenses include enticing a minor, sexual battery, lewdness, and lewdness involving a child. Covered confidentiality clauses required as a condition of employment are void. Employers cannot retaliate against workers for covered allegations or refusing to sign these clauses.

Sexual felonies limit more job opportunities

Beginning January 1, 2027, felony sexual-offense convictions require denial of direct-access approval for covered health and human services jobs. Previously excepted offenses are included. Public employers, including those hiring under contract, can consider more sexual-offense felonies when hiring mental health professionals. Those applicants lose specified protections limiting employers’ use of past convictions and employment denials.

Defendants lose some sexual-offense defenses

Beginning January 1, 2027, voluntary intoxication is not a defense to any offense under Utah’s sexual-offense statutes. This includes previously excepted offenses such as enticing a minor, sexual battery, and lewdness. A separate child sexual abuse material defense is unavailable when the material depicts any covered sexual offense. Otherwise, that defense requires no solicitation from the depicted minor, an age gap of no more than two years, and destruction or removal upon request. The request can come from law enforcement or the depicted minor.

More sexual offenses face higher penalties

Beginning January 1, 2027, qualifying gang-related sexual-offense felonies can be charged one classification higher, capped at a first degree felony. The required gang-related findings must be proven beyond a reasonable doubt. A separate one-classification enhancement adds enticing a minor and sexual battery when offenders knew they had a listed infection. Listed infections are HIV, AIDS, hepatitis B, and hepatitis C at the time of the offense. The infection enhancement excludes first degree felonies, lewdness, and lewdness involving a child.

Victim renters get locks but pay costs

Beginning January 1, 2027, renters who document a qualifying sexual offense can require new locks but pay installation costs. Acceptable documents include protective orders or police reports; owners may keep a key but cannot give one to the identified perpetrator. An identified perpetrator named on the lease and denied a key can petition a court within 30 days. This review is available only when a protective order does not bar that renter from the unit. The court may end future lease liability, but cannot do so if it finds the renter committed the underlying act.

Misconduct claimants can seek nonprofit dissolution

Beginning January 1, 2027, people bringing qualifying misconduct claims can ask a court to dissolve a Utah nonprofit. Claims must concern felony conduct by a director, member, or employee, or conduct under the specified sexual-offense statutes. The court can order dissolution only after finding the nonprofit liable for the claim. Bona fide churches and religious organizations are excluded from this rule.

Victim assessments allow greater camera privacy

Beginning January 1, 2027, officers can turn off body cameras during lethality assessments for victims of any covered sexual offense. The victim or officer must believe this helps complete, accurate sharing or protects the victim’s safety or identity. Officers must turn the camera back on as soon as reasonably possible after the assessment.

Expanded evidence access in sexual-offense cases

Beginning January 1, 2027, police can seek court orders for specified electronic records in more sexual-offense investigations involving minors. Added offenses include sexual battery, lewdness, and lewdness involving a child. Police must reasonably suspect an electronic communications or remote computing service was used in the offense. Separately, health and human services agency attorneys receive limited immunity when their official work requires viewing child sexual abuse material. They must act in good-faith compliance with Section 77-4-201.

More offenses trigger felony bigamy penalties

Beginning January 1, 2027, more sexual offenses can make bigamy a second degree felony. The person must cohabit with another person as part of bigamy and commit the qualifying offense to further that conduct. Qualifying conduct includes felony sexual offenses, with prior exclusions removed, and misdemeanor sexual battery.

Schools cover more sexual misconduct

Beginning January 1, 2027, school discipline rules cover a broader definition of sexual crime or misconduct. The definition covers Utah’s sexual-offense statutes, the Sexual Exploitation Act, and incest. Added conduct includes enticing a minor, lewdness involving a child, and a computer technician’s failure to report child sexual abuse material. This broadens schools’ disciplinary reach and subjects more conduct to those rules.

Insurance rules recognize more abuse

Beginning January 1, 2027, insurance-law child-abuse definitions include completed or attempted sexual offenses against a child, including enticing a minor. The domestic-violence definition adds enticing a minor, sexual battery, lewdness, and lewdness involving a child between cohabitants. These broader definitions apply wherever the affected insurance rules use those terms. The supplied provisions do not specify a resulting change in coverage, premiums, or payments.

Sponsors & Cosponsors

Sponsor

  • Gwynn, Matthew H.

    Affiliation unavailable

Cosponsors

  • Calvin R. Musselman

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 170 • No: 1

Senate vote • 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 27 • No: 0

House vote • 3/6/2026

House/ concurs with Senate amendment

Yes: 60 • No: 1

House vote • 3/6/2026

House/ uncircled

Yes: 0 • No: 0

House vote • 3/6/2026

House/ circled

Yes: 0 • No: 0

Senate vote • 2/27/2026

Senate Comm - Substitute Recommendation

Yes: 5 • No: 0

Senate vote • 2/27/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 0

House vote • 2/6/2026

House/ passed 3rd reading

Yes: 67 • No: 0

House vote • 1/28/2026

House Comm - Favorable Recommendation

Yes: 6 • No: 0

Actions Timeline

  1. Governor Signed

    3/26/2026
  2. House/ to Governor

    3/16/2026House
  3. House/ received enrolled bill from Printing

    3/16/2026House
  4. House/ enrolled bill to Printing

    3/12/2026House
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from House for Enrolling

    3/10/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/7/2026House
  9. House/ received from Senate

    3/7/2026House
  10. Senate/ to House

    3/6/2026Senate
  11. Senate/ signed by President/ returned to House

    3/6/2026Senate
  12. Senate/ received from House

    3/6/2026Senate
  13. House/ to Senate

    3/6/2026House
  14. House/ concurs with Senate amendment

    3/6/2026House
  15. House/ uncircled

    3/6/2026House
  16. House/ circled

    3/6/2026House
  17. House/ placed on Concurrence Calendar

    3/6/2026House
  18. House/ received from Senate

    3/6/2026House
  19. Senate/ to House with amendments

    3/6/2026Senate
  20. Senate/ passed 2nd & 3rd readings/ suspension

    3/6/2026Senate
  21. Senate/ 2nd & 3rd readings/ suspension

    3/6/2026Senate
  22. Senate/ Rules to 2nd Reading Calendar

    3/5/2026Senate
  23. Senate/ 2nd Reading Calendar to Rules

    3/4/2026Senate
  24. Senate/ placed on 2nd Reading Calendar

    3/2/2026Senate
  25. Senate/ comm rpt/ substituted

    3/2/2026Senate

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #2

    2/27/2026

  • Substitute #1

    2/26/2026

  • Introduced

    12/23/2025

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