State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-401

76-4-401. Enticing a minor -- Elements -- Penalties.
(1) As used in this section:
(a) "Minor" means a person who is under the age of 18.
(b) "Text messaging" means a communication in the form of electronic text or one ormore electronic images sent by the actor from a telephone or computer to another person'stelephone or computer by addressing the communication to the person's telephone number.
(2) (a) A person commits enticement of a minor when the person knowingly uses orattempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or anotherperson that the actor believes to be a minor to engage in any sexual activity which is a violationof state criminal law.
(b) A person commits enticement of a minor when the person knowingly uses theInternet or text messaging to:
(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or writtenmeans, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minoror a person the actor believes to be the minor to engage in any sexual activity which is a violationof state criminal law.
(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attemptto commit this offense, that a law enforcement officer or an undercover operative who is workingwith a law enforcement agency was involved in the detection or investigation of the offense.
(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:
(a) a first degree felony is a:
(i) second degree felony upon the first conviction for violation of this Subsection (4)(a);and
(ii) first degree felony punishable by imprisonment for an indeterminate term of notfewer than three years and which may be for life, upon a second or any subsequent conviction fora violation of this Subsection (4)(a);
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
(5) (a) When a person who commits a felony violation of this section has been previouslyconvicted of an offense under Subsection (5)(b), the court may not in any way shorten the prisonsentence, and the court may not:
(i) grant probation;
(ii) suspend the execution or imposition of the sentence;
(iii) enter a judgment for a lower category of offense; or
(iv) order hospitalization.
(b) The sections referred to in Subsection (5)(a) are:
(i) Section 76-4-401, enticing a minor;
(ii) Section 76-5-301.1, child kidnapping;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;


(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404, forcible sexual abuse;
(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
(xi) Section 76-5-405, aggravated sexual assault;
(xii) any offense in any other state or federal jurisdiction which constitutes or wouldconstitute a crime in Subsections (4)(b)(i) through (xi); or
(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections(4)(b)(i) through (xii).

Amended by Chapter 342, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-401

76-4-401. Enticing a minor -- Elements -- Penalties.
(1) As used in this section:
(a) "Minor" means a person who is under the age of 18.
(b) "Text messaging" means a communication in the form of electronic text or one ormore electronic images sent by the actor from a telephone or computer to another person'stelephone or computer by addressing the communication to the person's telephone number.
(2) (a) A person commits enticement of a minor when the person knowingly uses orattempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or anotherperson that the actor believes to be a minor to engage in any sexual activity which is a violationof state criminal law.
(b) A person commits enticement of a minor when the person knowingly uses theInternet or text messaging to:
(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or writtenmeans, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minoror a person the actor believes to be the minor to engage in any sexual activity which is a violationof state criminal law.
(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attemptto commit this offense, that a law enforcement officer or an undercover operative who is workingwith a law enforcement agency was involved in the detection or investigation of the offense.
(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:
(a) a first degree felony is a:
(i) second degree felony upon the first conviction for violation of this Subsection (4)(a);and
(ii) first degree felony punishable by imprisonment for an indeterminate term of notfewer than three years and which may be for life, upon a second or any subsequent conviction fora violation of this Subsection (4)(a);
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
(5) (a) When a person who commits a felony violation of this section has been previouslyconvicted of an offense under Subsection (5)(b), the court may not in any way shorten the prisonsentence, and the court may not:
(i) grant probation;
(ii) suspend the execution or imposition of the sentence;
(iii) enter a judgment for a lower category of offense; or
(iv) order hospitalization.
(b) The sections referred to in Subsection (5)(a) are:
(i) Section 76-4-401, enticing a minor;
(ii) Section 76-5-301.1, child kidnapping;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;


(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404, forcible sexual abuse;
(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
(xi) Section 76-5-405, aggravated sexual assault;
(xii) any offense in any other state or federal jurisdiction which constitutes or wouldconstitute a crime in Subsections (4)(b)(i) through (xi); or
(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections(4)(b)(i) through (xii).

Amended by Chapter 342, 2008 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-04 > 76-4-401

76-4-401. Enticing a minor -- Elements -- Penalties.
(1) As used in this section:
(a) "Minor" means a person who is under the age of 18.
(b) "Text messaging" means a communication in the form of electronic text or one ormore electronic images sent by the actor from a telephone or computer to another person'stelephone or computer by addressing the communication to the person's telephone number.
(2) (a) A person commits enticement of a minor when the person knowingly uses orattempts to use the Internet or text messaging to solicit, seduce, lure, or entice a minor or anotherperson that the actor believes to be a minor to engage in any sexual activity which is a violationof state criminal law.
(b) A person commits enticement of a minor when the person knowingly uses theInternet or text messaging to:
(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) subsequently to the action under Subsection (2)(b)(i), by any electronic or writtenmeans, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minoror a person the actor believes to be the minor to engage in any sexual activity which is a violationof state criminal law.
(3) It is not a defense to the crime of enticing a minor under Subsection (2), or an attemptto commit this offense, that a law enforcement officer or an undercover operative who is workingwith a law enforcement agency was involved in the detection or investigation of the offense.
(4) An enticement of a minor under Subsection (2)(a) or (b) with the intent to commit:
(a) a first degree felony is a:
(i) second degree felony upon the first conviction for violation of this Subsection (4)(a);and
(ii) first degree felony punishable by imprisonment for an indeterminate term of notfewer than three years and which may be for life, upon a second or any subsequent conviction fora violation of this Subsection (4)(a);
(b) a second degree felony is a third degree felony;
(c) a third degree felony is a class A misdemeanor;
(d) a class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
(5) (a) When a person who commits a felony violation of this section has been previouslyconvicted of an offense under Subsection (5)(b), the court may not in any way shorten the prisonsentence, and the court may not:
(i) grant probation;
(ii) suspend the execution or imposition of the sentence;
(iii) enter a judgment for a lower category of offense; or
(iv) order hospitalization.
(b) The sections referred to in Subsection (5)(a) are:
(i) Section 76-4-401, enticing a minor;
(ii) Section 76-5-301.1, child kidnapping;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;


(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404, forcible sexual abuse;
(x) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
(xi) Section 76-5-405, aggravated sexual assault;
(xii) any offense in any other state or federal jurisdiction which constitutes or wouldconstitute a crime in Subsections (4)(b)(i) through (xi); or
(xiii) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections(4)(b)(i) through (xii).

Amended by Chapter 342, 2008 General Session