Utah HB38: Criminal Offenses Modifications

What the bill says

An act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang. Section 18, Section 76-9-803.1 is enacted to read: 76-9-803.1 . Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply t.

From the enrolled text:

an act described in Subsection (2)(a) with the intent to cause a minor to join a criminal street gang. (3) A violation of Subsection (2) is: (a) a class A misdemeanor if the actor is a minor; or (b) a third degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join the criminal street gang. Section 18, Section 76-9-803.1 is enacted to read: 76-9-803.1 . Aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang. (1) Terms defined in Sections 76-1-101.5 and 76-9-802 apply to this section. (2) An actor commits aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang if, in the course of committing an offense under Section 76-9-803 , the offense: (a) involves the use of a dangerous weapon; (b) results in serious bodily injury to any individual; or (c) results in serious emotional distress to any individual. (3) A violation of Subsection (2) is: (a) a third degree felony if the actor is a minor; or (b) a second degree felony if the actor is 18 years old or older. (4) It is not a defense to a prosecution under this section that the minor did not join …

Read the full official text

Sponsors

• Ryan Wilcox (R, 7) · primary sponsor