Enrolled Copy H.B. 13
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Sexual Extortion Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Stephanie Pitcher
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LONG TITLE
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General Description:
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This bill amends the crime of sexual extortion.
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Highlighted Provisions:
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This bill:
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▸ amends the crime of sexual extortion to include the act of threatening to distribute a
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counterfeit intimate image; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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76-5b-204 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
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Chapter 127
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 76-5b-204 is amended to read:
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76-5b-204 (Effective upon governor's approval). Sexual extortion.
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(1)(a) As used in this section:
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(i) "Adult" means an individual 18 years old or older.
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(ii) "Child" means any individual under [the age of ]18 years old.
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(iii) "Counterfeit intimate image" means the same as that term is defined in Section
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76-5b-205.
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[(iii)] (iv) "Intimate image" means the same as that term is defined in Section H.B. 13 Enrolled Copy
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76-5b-203.
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[(iv)] (v) "Position of special trust" means the same as that term is defined in Section
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76-5-404.1.
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[(v)] (vi) "Sexually explicit conduct" means the same as that term is defined in
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Section 76-5b-203.
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[(vi)] (vii) "Simulated sexually explicit conduct" means the same as that term is
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defined in Section 76-5b-203.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2)(a) An actor commits the offense of sexual extortion if the actor:
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(i) with an intent to coerce a victim to engage in sexual contact, in sexually explicit
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conduct, or in simulated sexually explicit conduct, or to produce, provide, or
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distribute an image, video, or other recording of any individual naked or engaged
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in sexually explicit conduct, communicates by any means a threat:
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(A) to the victim's person, property, or reputation; or
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(B) to distribute an intimate image, counterfeit intimate image, or video of the
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victim;
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(ii) knowingly causes a victim to engage in sexual contact, in sexually explicit
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conduct, or in simulated sexually explicit conduct, or to produce, provide, or
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distribute any image, video, or other recording of any individual naked or engaged
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in sexually explicit conduct by means of a threat:
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(A) to the victim's person, property, or reputation; or
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(B) to distribute an intimate image, counterfeit intimate image, or video of the
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victim; or
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(iii) with intent to obtain a thing of value from a victim communicates, by any means,
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a threat to distribute an intimate image, counterfeit intimate image, or video of the
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victim.
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(b) An actor commits aggravated sexual extortion when, in conjunction with the offense
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described in Subsection (2)(a), any of the following circumstances have been charged
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and admitted or found true in the action for the offense:
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(i) the victim is a child or vulnerable adult;
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(ii) the offense was committed by the use of a dangerous weapon or by violence,
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intimidation, menace, fraud, or threat of physical harm, or was committed during
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the course of a kidnapping;
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(iii) the actor caused bodily injury or severe psychological injury to the victim during
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or as a result of the offense;
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(iv) the actor was a stranger to the victim or became a friend of the victim for the
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purpose of committing the offense;
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(v) the actor, before sentencing for the offense, was previously convicted of any
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sexual offense;
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(vi) the actor occupied a position of special trust in relation to the victim;
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(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or
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sexual acts by the victim with any other individual, or sexual performance by the
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victim before any other individual, human trafficking, or human smuggling; or
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(viii) the actor caused the penetration, however slight, of the genital or anal opening
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of the victim by any part or parts of the human body, or by any other object.
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(3)(a) If the actor is an adult:
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(i) A violation of Subsection (2)(a) is a third degree felony.
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(ii) A violation of Subsection (2)(b) in which the victim is an adult is a second degree
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felony.
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(iii) A violation of Subsection (2)(b) in which the victim is a child or a vulnerable
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adult is a first degree felony.
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(b) If the actor is a child:
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(i) A violation of Subsection (2)(a) is a class A misdemeanor.
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(ii) A violation of Subsection (2)(b) is a third degree felony if there is more than a
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two-year age gap between the actor and the victim.
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(c) An actor commits a separate offense under this section:
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(i) for each victim the actor subjects to the offense outlined in Subsection (2)(a); and
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(ii) for each separate time the actor subjects a victim to the offense outlined
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Subsection (2)(a).
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(d) This section does not preclude an actor from being charged and convicted of a
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separate criminal act if the actor commits the separate criminal act while the
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individual violates or attempts to violate this section.
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(4) An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to
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liability under this section related to content provided by a user of the interactive
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computer service.
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Section 2. Effective Date.
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This bill takes effect:
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(1) except as provided in Subsection (2), May 7, 2025; or
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(2) if approved by two-thirds of all members elected to each house:
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(a) upon approval by the governor;
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(b) without the governor's signature, the day following the constitutional time limit of
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Utah Constitution, Article VII, Section 8; or
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(c) in the case of a veto, the date of veto override.
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