Enrolled Copy H.B. 358
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Criminal Sexual Conduct Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor: Karen Kwan
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LONG TITLE
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General Description:
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This bill concerns criminal sexual conduct.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ creates the criminal offense of:
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● custodial solicitation of sexually explicit conduct from a person in custody;
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● unlawful sexual activity with a child using virtual reality; and
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● unlawful sexual activity with a minor using virtual reality; and
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▸ provides criminal penalties.
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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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None
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Utah Code Sections Affected:
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ENACTS:
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76-5-412.4, Utah Code Annotated 1953
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76-5-417, Utah Code Annotated 1953
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76-5-418, 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 76-5-412.4 is enacted to read:
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76-5-412.4 . Custodial solicitation of sexually explicit conduct from a person in
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custody.
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(1)(a) As used in this section: H.B. 358 Enrolled Copy
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(i) "Actor" means the same as that term is defined in Section 76-5-412.
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(ii) "Person in custody" means an individual who is:
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(A) 18 years old or older; and
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(B) otherwise meets the definition of a person in custody as that term is defined in
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Section 76-5-412.
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(iii) "Sexually explicit conduct" means actual or simulated:
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(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or
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oral-anal, whether between individuals of the same or opposite sex;
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(B) masturbation;
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(C) bestiality;
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(D) sadistic or masochistic activities;
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(E) exhibition of the genitals, pubic region, buttocks, or female breast of any
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individual;
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(F) visual depiction of nudity or partial nudity;
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(G) fondling or touching of the genitals, pubic region, buttocks, or female breast;
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or
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(H) the visual depiction of defecation or urination for the purpose of causing
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sexual arousal of any individual.
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(iv) "Simulated sexually explicit conduct" means a feigned or pretended act of
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sexually explicit conduct that duplicates, within the perception of an average
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person, the appearance of an actual act of sexually explicit conduct.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits custodial solicitation of sexually explicit conduct from a person in
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custody if:
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(a) the actor knowingly requests, demands, or otherwise solicits from a person in
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custody:
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(i) a photograph, image, live video, or a recording of the person in custody engaging
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in sexually explicit conduct or simulated sexually explicit conduct; or
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(ii) a live demonstration or performance by the person in custody engaging in
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sexually explicit conduct or simulated sexually explicit conduct; and
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(b)(i) the actor knows that the individual described in Subsection (2)(a) is a person in
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custody; or
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(ii) a reasonable person in the actor's position should have known under the
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circumstances that the individual described in Subsection (2)(a) was a person in
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custody.
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(3) A violation of Subsection (2) is a class A misdemeanor.
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(4) If the act committed under Subsection (2) amounts to an offense subject to a greater
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penalty under another provision of state law than is provided under this section, this
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section does not prohibit prosecution and sentencing for the more serious offense.
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(5) Consent of the person in custody is not a defense to any violation or attempted violation
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of Subsection (2).
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(6) This section does not apply to an actor who is acting within the course and scope of the
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actor's legitimate duties, including documenting photographic evidence.
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Section 2. Section 76-5-417 is enacted to read:
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76-5-417 . Unlawful sexual activity with a child using virtual reality.
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(1)(a) As used in this section:
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(i) "Avatar" means a three-dimensional character that represents a human user in a
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virtual reality environment.
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(ii) "Child" means an individual who is younger than 14 years old.
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(iii) "Haptic technology" means technology that can create an experience of touch by
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applying force, vibration, or motion to the human user.
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(iv) "Virtual reality" means a three-dimensional environment in which the human
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user is fully immersed in a computer-generated simulation through the use of an
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avatar, regardless of whether the human user is using haptic technology.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits unlawful sexual activity with a child using virtual reality if the actor:
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(a) is 18 years old or older;
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(b) knows that the human user of an avatar is a child; and
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(c) for the purpose of arousing or gratifying the sexual desire of any individual,
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intentionally uses the actor's avatar to engage in sexual activity or simulated sexual
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activity with the child's avatar involving:
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(i) the genitals, pubic area, or anus of the actor's avatar or the child's avatar; and
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(ii) the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the
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child's avatar.
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(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
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degree felony.
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(b) A violation of Subsection (2) is a class A misdemeanor if the actor is less than 10
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years older than the child.
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(4) Consent of the child to engage in the sexual activity is not a defense to a violation of
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Subsection (2).
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Section 3. Section 76-5-418 is enacted to read:
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76-5-418 . Unlawful sexual activity with a minor using virtual reality.
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(1)(a) As used in this section:
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(i) "Avatar" means the same as that term is defined in Section 76-5-417.
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(ii) "Haptic technology" means the same as that term is defined in Section 76-5-417.
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(iii) "Minor" means an individual who is 14 years old or older but younger than 18
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years old.
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(iv) "Virtual reality" means the same as that term is defined in Section 76-5-417.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2) An actor commits unlawful sexual activity with a minor using virtual reality if the actor:
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(a) knows that the human user of an avatar is a minor;
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(b) is older than the minor by 10 years or more; and
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(c) for the purpose of arousing or gratifying the sexual desire of any individual,
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intentionally uses the actor's avatar to engage in sexual activity or simulated sexual
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activity with the minor's avatar involving:
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(i) the genitals, pubic area, or anus of the actor's avatar or the minor's avatar; and
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(ii) the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the
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minor's avatar.
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(3) A violation of Subsection (2) is a class A misdemeanor.
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(4) Consent of the minor to engage in the sexual activity is not a defense to a violation of
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Subsection (2).
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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