Existing Utah Legislation

This page contains some of the existing Utah laws affecting sexual abuse in our schools.  This page is a work in progress. If you know of additional laws that would be helpful to add to this page, please send that information to mostsacredtrust@gmail.com.

Utah_State_Capitol.jpg

HCR001 Start By Believing Day Resolution -- (Rep. Angela Romero)

  • in 2015 Utah passed H.C.R. 1, which designates the 1st Wednesday of April as "Start by Believing Day". 

For more information on this campaign, visit StartbyBelieving.org, a public awareness campaign sponsored by End Violence Against Women.

H.B. 345 -- Education Abuse Policy (Rep. Dan McCay)

  • This bill requires schools to obtain past employment information for all potential school employees that have significant unsupervised time with students.
  • It also makes it impossible for people with sexual felonies from obtaining or renewing a license to teach in the state of Utah at any time. 
  • It gives the Utah State Board of Education rule making authority.

 H.B. 277 -- Statute of Limitations for Civil Actions (Rep. Ivory, K.)

  • Allows victims of childhood sexual abuse the time they need to be able to come forward against their abuser for civil action, rather than limiting them to the previous four year statute of limitation which was wholly insufficient, given the nature of abuse against children and the time it takes for them to understand and deal with the issues that took place in their childhood.  

Title 76 (Utah Criminal Code), Chapter 5, Sec. 404.1, Effective 5.13.14

  • VIEW HIGHLIGHTED BILL HERE
  • Covers:  Offensive Against the Person, Sexual Offenses, Sexual Abuse of A Child, Aggravated Abuse of a Child
  • Key Points
  • "Child" refers to someone under the age of 14.
  • "Position Of Special Trust" includes twenty-two definitions. (Including teacher, coach or any other person employed by or volunteering at a public or private elementary or secondary school.)
  • Defines "sexual abuse of a child" (2nd Degree Felony)
  • Defines "aggravated sexual abuse of a child" (1st Degree Felony)
  • Defines punishments of these crimes

 

HB 256  Age of victim for Statutory Rape, Effective 1997

  • VIEW HIGHLIGHTED Bill HERE
  • Effective 1997 Utah General Session
  • Age limit increase from 14 to 18.
  • Mistake of victims age not a defense. 
  • 76-5-401 Defines “unlawful sexual intercourse”

 

HB286 CHILD SEXUAL ABUSE PREVENTION / Effective  UT General Session 2014

  • VIEW HIGHLIGHTED BILL HERE
  • Associated with Illinois' Erin's Law Task Force
  • State Board of Education must create a training program in partnership with the Dept. of Human Services
  • Training is mandatory starting in the 2016-17 year.
  • Deals with mandatory training of sexual abuse in our schools
    • School personnel
    • Parents or Guardians
    • Optional Age-Appropriate Training
      • For students, when guidelines are met, including full-disclosure of training to parents and opportunity for opting out.
      • State Board must report back to the legislative interim committee.  

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