State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-27 > 77-27-21-8

77-27-21.8. Sex offender in presence of a child -- Definitions -- Penalties.
(1) As used in this section:
(a) "Accompany" means:
(i) to be in the presence of an individual; and
(ii) to move or travel with that individual from one location to another, whether outdoors,indoors, or in or on any type of vehicle.
(b) "Child" means an individual younger than 14 years of age.
(2) A sex offender subject to registration under Section 77-27-21.5 for an offensecommitted or attempted to be committed against a child younger than 14 years of age is guilty ofa class A misdemeanor if the sex offender requests, invites, or solicits a child to accompany thesex offender, under circumstances that do not constitute an attempt to violate Section 76-5-301.1,child kidnapping, unless:
(a) (i) the sex offender, prior to accompanying the child:
(A) verbally advises the child's parent or legal guardian that the sex offender is on thestate sex offender registry and is required by state law to obtain written permission in order forthe sex offender to accompany the child; and
(B) requests that the child's parent or legal guardian provide written authorization for thesex offender to accompany the child, including the specific dates and locations;
(ii) the child's parent or legal guardian has provided to the sex offender writtenauthorization, including the specific dates and locations, for the sex offender to accompany thechild; and
(iii) the sex offender has possession of the written authorization and is accompanying thechild only at the dates and locations specified in the authorization;
(b) the child's parent or guardian has verbally authorized the sex offender to accompanythe child either in the child's residence or on property appurtenant to the child's residence, but inno other locations; or
(c) the child is the natural child of the sex offender, and the offender is not prohibited byany court order, or probation or parole provision, from contact with the child.
(3) (a) A sex offender convicted of a violation of Subsection (2) is subject to registrationunder Section 77-27-21.5 for an additional five years subsequent to the required registrationunder Section 77-27-21.5.
(b) The period of additional registration imposed under Subsection (3)(a) is also inaddition to any period of registration imposed under Subsection 77-27-21.5(16)(c) for failure tocomply with registration requirements.
(4) It is not a defense to a prosecution under this section that the defendant mistakenlybelieved the individual to be 14 years of age or older at the time of the offense or was unaware ofthe individual's true age.
(5) This section does not apply if a sex offender is acting to rescue a child who is in anemergency and life-threatening situation.

Enacted by Chapter 249, 2009 General Session