Utah 2025 Regular Session

Utah House Bill HB0066 Latest Draft

Bill / Enrolled Version Filed 03/13/2025

                            Enrolled Copy	H.B. 66
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Ritual Abuse Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: Jen Plumb
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LONG TITLE
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General Description:
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This bill addresses ritual abuse.
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Highlighted Provisions:
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This bill:
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▸ requires current sexual assault and sexual abuse training for law enforcement officers to
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include training on sexual assault committed during a ritual and the impact of that
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conduct on the victim;
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▸ creates an aggravating factor for certain offenses committed against an individual under
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18 years old if the offense was committed as part of a ritual;
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▸ contains a coordination clause to coordinate a substantive change between this bill and
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S.B. 24, Child Abuse and Torture Amendments, by adding the crime of child torture,
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which is newly created in S.B. 24, to the list of offenses that qualify for the aggravating
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factor created in this bill; 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 coordination clause.
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Utah Code Sections Affected:
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AMENDS:
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53-10-908, as last amended by Laws of Utah 2023, Chapter 158
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ENACTS:
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76-3-203.19, Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause: H.B. 66	Enrolled Copy
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76-3-203.19, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 53-10-908 is amended to read:
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53-10-908 . Law enforcement -- Training -- Sexual assault, sexual abuse, and
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human trafficking.
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(1) The department and the Utah Prosecution Council shall develop training in
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trauma-informed responses and investigations of sexual assault and sexual abuse, which
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include, but are not limited to, the following:
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(a) recognizing the symptoms of trauma;
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(b) understanding the impact of trauma on a victim;
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(c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
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(d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
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sensitive, and nonjudgmental manner;
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(e) understanding cultural perceptions and common myths of sexual assault and sexual
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abuse; and
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(f) techniques of writing reports in accordance with Subsection (5).
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(2)(a) In accordance with Section 53-6-202, the department and the Utah Prosecution
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Council shall offer the training in Subsection (1) to all certified law enforcement
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officers in the state.
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(b) The training for all law enforcement officers may be offered through an online
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course, developed by the department and the Utah Prosecution Council.
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(3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards and
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Training division to all persons seeking certification as a peace officer.
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(4)(a) The department and the Utah Prosecution Council shall develop and offer an
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advanced training course for officers who investigate cases of sexual assault or
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sexual abuse.
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(b) The advanced training course shall include:
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(i) all criteria listed in Subsection (1);
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(ii) identifying indicators of a ritual, as that term is defined in Section 76-3-203.19, in
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cases of sexual assault; and
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[(ii)] (iii) interviewing techniques in accordance with the curriculum standards in
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Subsection (5).
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(5) The department shall consult with the Utah Prosecution Council to develop the specific
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training requirements of this section, including curriculum standards for report writing
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and response to sexual assault and sexual abuse, including trauma-informed and
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victim-centered interview techniques, which have been demonstrated to minimize
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retraumatizing victims.
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(6) The Office of the Attorney General shall develop and offer training for law enforcement
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officers in investigating human trafficking offenses.
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[(7) The training described in Subsection (6) shall be offered to all law enforcement officers
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in the state by July 1, 2020.]
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[(8)] (7) The training described in Subsection (6) shall be offered by the Peace Officer
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Standards and Training division to all persons seeking certification as a peace officer, in
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conjunction with the training described in Subsection (1)[, beginning July 1, 2021].
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[(9)] (8) The Office of the Attorney General, the department, and the Utah Prosecution
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Council shall consult with one another to provide the training described in Subsection (6)
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jointly with the training described in Subsection (1) as reasonably practicable.
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The following section is affected by a coordination clause at the end of this bill.
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Section 2.  Section 76-3-203.19 is enacted to read:
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76-3-203.19 . Aggravating factor for an offense committed against a child or
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minor as part of a ritual.
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(1) As used in this section:
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(a) "Offense against a child or minor" means an offense that is:
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(i) child abuse as described in Section 76-5-109;
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(ii) aggravated child abuse as described in Section 76-5-109.2;
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(iii) abuse or neglect of a child with a disability as described in Section 76-5-110;
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(iv) child abuse homicide as described in Section 76-5-208;
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(v) kidnapping as described in Section 76-5-301, if committed against an individual
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under 18 years old;
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(vi) child kidnapping as described in Section 76-5-301.1;
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(vii) aggravated kidnapping as described in Section 76-5-302, if committed against
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an individual under 18 years old;
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(viii) human trafficking of a child as described in Section 76-5-308.5;
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(ix) unlawful sexual activity with a minor as described in Section 76-5-401;
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(x) sexual abuse of a minor as described in Section 76-5-401.1;
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(xi) rape as described in Section 76-5-402, if committed against an individual under
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18 years old;
- 3 - H.B. 66	Enrolled Copy
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(xii) rape of a child as described in Section 76-5-402.1;
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(xiii) object rape as described in Section 76-5-404.2, if committed against an
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individual under 18 years old;
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(xiv) object rape of a child as described in Section 76-5-402.3;
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(xv) forcible sodomy as described in Section 76-5-403, if committed against an
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individual under 18 years old;
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(xvi) sodomy on a child as described in Section 76-5-403.1;
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(xvii) forcible sexual abuse as described in Section 76-5-404, if committed against an
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individual under 18 years old;
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(xviii) sexual abuse of a child as described in Section 76-5-404.1;
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(xix) aggravated sexual abuse of a child as described in Section 76-5-404.3;
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(xx) aggravated sexual assault as described in Section 76-5-405, if committed against
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an individual under 18 years old;
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(xxi) unlawful kissing of a child as described in Section 76-5-416.2; or
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(xxii) unlawful kissing of a minor as described in Section 76-5-416.4.
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(b) "Ritual" means an event or act, or a series of events or acts:
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(i) marked by specific actions, specific gestures, ceremonial objects, ceremonial
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clothing, religious texts, or specific words; and
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(ii) designed to commemorate, celebrate, or solemnize a particular occasion or
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significance in a religious, cultural, social, institutional, or other context.
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(2) For a defendant convicted of an offense against a child or minor, it is an aggravating
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factor if the sentencing court finds that the defendant committed the offense as part of,
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or to facilitate, a ritual or a training or practice to perform a ritual.
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(3) When sentencing a defendant convicted of an offense against a child or minor subject to
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the aggravating factor described in Subsection (2), the sentencing court shall consider
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the aggravating factor and include the aggravating factor in the judgment of commitment.
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(4) In determining the length of imprisonment for a defendant imprisoned for a conviction
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of an offense against a child or minor subject to the aggravating factor described in
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Subsection (2), the Board of Pardons and Parole shall consider the aggravating factor.
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Section 3.  Effective Date.
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This bill takes effect on May 7, 2025.
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Section 4.  Coordinating H.B. 66 with S.B. 24.
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      If H.B. 66, Ritual Abuse Amendments, and S.B. 24, Child Abuse and Torture
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Amendments, both pass and become law, the Legislature intends that, on May 7, 2025,
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Subsection 76-3-203.19(1), enacted in H.B. 66, be amended to read:
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           "(1) As used in this section:
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                (a) "Offense against a child or minor" means an offense that is:
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                     (i) child abuse as described in Section 76-5-109;
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                     (ii) child torture, as described in Section 76-5-109.4;
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                     (iii) aggravated child abuse as described in Section 76-5-109.2;
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                     (iv) abuse or neglect of a child with a disability as described in Section
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76-5-110;
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                     (v) child abuse homicide as described in Section 76-5-208;
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                     (vi) kidnapping as described in Section 76-5-301, if committed against an
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individual under 18 years old;
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                     (vii) child kidnapping as described in Section 76-5-301.1;
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                     (viii) aggravated kidnapping as described in Section 76-5-302, if committed
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against an individual under 18 years old;
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                     (ix) human trafficking of a child as described in Section 76-5-308.5;
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                     (x) unlawful sexual activity with a minor as described in Section 76-5-401;
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                     (xi) sexual abuse of a minor as described in Section 76-5-401.1;
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                     (xii) rape as described in Section 76-5-402, if committed against an individual
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under 18 years old;
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                     (xiii) rape of a child as described in Section 76-5-402.1;
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                     (xiv) object rape as described in Section 76-5-404.2, if committed against an
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individual under 18 years old;
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                     (xv) object rape of a child as described in Section 76-5-402.3;
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                     (xvi) forcible sodomy as described in Section 76-5-403, if committed against
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an individual under 18 years old;
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                     (xvii) sodomy on a child as described in Section 76-5-403.1;
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                     (xviii) forcible sexual abuse as described in Section 76-5-404, if committed
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against an individual under 18 years old;
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                     (xix) sexual abuse of a child as described in Section 76-5-404.1;
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                     (xx) aggravated sexual abuse of a child as described in Section 76-5-404.3;
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                     (xxi) aggravated sexual assault as described in Section 76-5-405, if committed
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against an individual under 18 years old;
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                     (xxii) unlawful kissing of a child as described in Section 76-5-416.2; or
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                     (xxiii) unlawful kissing of a minor as described in Section 76-5-416.4.
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                (b) "Ritual" means an event or act, or a series of events or acts:
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                     (i) marked by specific actions, specific gestures, ceremonial objects,
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ceremonial clothing, religious texts, or specific words; and
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                     (ii) designed to commemorate, celebrate, or solemnize a particular occasion or
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significance in a religious, cultural, social, institutional, or other context.".
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