All Roll Calls
Yes: 135 • No: 3
UtahS.B. 242025 General SessionSenateWALLET
Child Abuse and Torture Amendments
Sponsored By: Don L. Ipson (Republican)
Signed by Governor
Abuse, Neglect, or DependencyHealth and Human ServicesChild WelfareDepartment of CorrectionsBackground ChecksCrimesJudicial OperationsLaw Enforcement and Criminal JusticePublic SafetyDepartment of Health and Human ServicesHomicideOffender RegistriesOffice of Licensing and Background ChecksSentencing
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 0 benefits, 9 costs, 1 mixed.
Child torture records bar caregiving approval
The background-check office must deny direct-access approval to covered applicants with a felony conviction for child torture or an equivalent out-of-state offense. Covered applicants include specified congregate-care workers, prospective foster or adoptive parents, and household adults subject to these checks. The denial prevents approval for the covered caregiving role.
Child torture records limit family placements
A child-torture felony or attempted felony conviction, guilty plea, or no-contest plea generally bars adoption before it is finalized. Equivalent out-of-state offenses also count. A narrow stepparent or relative adoption exception requires clear and convincing evidence of rehabilitation, low risk of harm, and the required family relationship. It also requires at least 10 years since successful release from the offense-related custody, parole, or probation. Beginning May 7, 2025, the same types of child-torture convictions and pleas bar nonparent custody, with a separate exception for qualifying relatives who prove the statutory requirements by clear and convincing evidence.
Child torture records bar homeschool exemptions
Parents or guardians with a child-torture felony or attempted felony conviction cannot use the homeschool attendance exemption. Guilty and no-contest pleas also count. A school board cannot accept that parent's homeschool affidavit or grant the exemption on that basis.
Child torture convictions bring registration duties
Child-abuse offender registration covers qualifying child-torture convictions, attempts, solicitations, conspiracies, and equivalent offenses from other jurisdictions. Coverage includes Utah residents and qualifying nonresidents present for at least 10 days in 12 months, regularly working here, or attending school here. The definition also includes specified insanity and juvenile secure-care cases. Beginning May 7, 2025, coordinated versions set registration through 10 years after the child-torture sentence ends—not starting 10 years later. One version applies when S.B. 24 and S.B. 41 are law but H.B. 21 is not; the other applies when all three are law.
Parents face new child safety duties
Parents must immediately notify the other parent when they knowingly live with, or give their child access to, someone convicted of child torture. This circumstance also gives the other parent grounds to seek a custody change, but does not automatically change custody. Courts can consider child torture when ordering supervised time with a noncustodial parent. Supervision requires evidence of physical or emotional harm or abuse, a need to protect the child, and no reasonably available less restrictive option.
Broader abuse penalties for disabled children
The abuse law for children with disabilities uses an injury definition that includes physical and psychological harm. It covers children under 18 whose impairment prevents them from protecting their own safety or providing necessities. A caretaker who intentionally, knowingly, or recklessly abuses or neglects such a child commits a third-degree felony. Abuse includes inflicting injury or, while responsible for the child, causing or permitting someone else to inflict it.
Broader child abuse rules cover psychological harm
Child-abuse charges cover physical injury and identifiable mental or emotional harm. Serious injury includes specified psychological or developmental harms, unreasonable restraint, coercion, threats, and excessive isolation or sleep deprivation. Charges still require the applicable mental state and any stated harm or risk threshold. Parents, guardians, and teachers cannot use the reasonable-discipline defense for charges involving serious bodily injury, legally defined serious injury, or a minor's death. Child abandonment causing serious injury is a second-degree felony, using this broader injury definition rather than only serious physical injury.
Child torture brings long prison terms
Utah creates a first-degree felony for intentionally or knowingly inflicting serious injury on a child, including through another person. It covers exceptionally cruel or depraved acts causing extreme physical or psychological suffering, or serious injuries inflicted repeatedly or over time. The usual prison term is at least 10 years and can extend to life. Courts can instead set a minimum of seven or four years only after finding that serves justice and recording their reasons. The repeated-injury rule excludes conduct based on two or more injuries by the same person described in Section 76-5-109(1)(a)(iii)(B)(V). The serious-injury aggravated child-abuse provision applies only when the conduct does not qualify as child torture.
Child torture deaths trigger homicide charges
Child torture causing the death of someone under 18 is first-degree felony child-abuse homicide, unless it amounts to aggravated murder. Murder liability also covers a nonparticipant's death during child torture, an attempt, or immediate flight. The defendant must participate in the offense and have the intent required for child torture. A homicide tied to a criminal episode involving child torture or an attempt can qualify as aggravated murder. Aggravated-murder rules also cover a major participant who causes death with reckless indifference to human life.
More criminal consequences for child torture
Child torture counts toward tougher habitual-offender sentences after at least two prior violent-felony convictions with prison or equivalent commitments. A factfinder must establish habitual-offender status beyond a reasonable doubt. For capital or first-degree felonies involving child torture, courts cannot shorten prison time through probation, suspended sentences, lower offense judgments, or hospitalization. An exception requires findings that the defendant was under 18 and delayed reporting or filing prevented juvenile-court handling. Child torture committed to further cohabitation with a bigamy partner also supports a second-degree felony. Child torture and attempts also count as offenses against children or vulnerable adults under the relevant jail-release rules.
Sponsors & Cosponsors
Sponsor
Don L. Ipson
Republican • Senate
Cosponsors
Ryan D. Wilcox
Republican • House
Roll Call Votes
House vote • 3/4/2025
House/ passed 3rd reading
Yes: 69 • No: 2
House vote • 2/12/2025
House Comm - Favorable Recommendation
Yes: 10 • No: 0
Senate vote • 2/10/2025
Senate/ passed 3rd reading
Yes: 25 • No: 0
Senate vote • 2/7/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/7/2025
Senate/ passed 2nd reading
Yes: 25 • No: 1
Senate vote • 2/5/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/5/2025
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/5/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 1/28/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 1/23/2025
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
Senate vote • Unknown
Senate/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/25/2025Senate/ to Governor
3/17/2025SenateSenate/ received enrolled bill from Printing
3/17/2025SenateSenate/ enrolled bill to Printing
3/13/2025SenateEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/5/2025Bill Received from Senate for Enrolling
3/5/2025Senate/ signed by President/ sent for enrolling
3/5/2025SenateSenate/ received from House
3/5/2025SenateHouse/ to Senate
3/4/2025HouseHouse/ signed by Speaker/ returned to Senate
3/4/2025HouseHouse/ passed 3rd reading
3/4/2025HouseHouse/ 3rd reading
3/4/2025HouseHouse/ 2nd reading
3/4/2025HouseHouse/ Rules to 3rd Reading Calendar
3/4/2025HouseHouse/ return to Rules due to fiscal impact
2/13/2025HouseHouse/ committee report favorable
2/13/2025HouseHouse Comm - Favorable Recommendation
2/12/2025HouseHouse/ to standing committee
2/11/2025HouseHouse/ 1st reading (Introduced)
2/10/2025HouseHouse/ received from Senate
2/10/2025HouseSenate/ to House
2/10/2025SenateSenate/ passed 3rd reading
2/10/2025SenateSenate/ 3rd reading
2/10/2025SenateSenate/ passed 2nd reading
2/7/2025Senate
Bill Text
Enrolled
3/13/2025
Substitute #1
2/5/2025
Introduced
12/18/2024