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Lawmakers debate new pantsing statute amid concerns

September 14, 2023 | Criminal Code Evaluation Task Force, Utah Subcommittees, Commissions and Task Forces, Utah Legislative Branch, Utah


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Lawmakers debate new pantsing statute amid concerns
In a recent government meeting, lawmakers discussed the complexities of drafting a new statute aimed at addressing the issue of \"pantsing,\" or the forcible removal of clothing, particularly in contexts that could lead to embarrassment or humiliation. The task force is considering whether the statute should require full nudity or if the mere act of uncovering a victim's underwear would suffice for prosecution.

Senator Thatcher emphasized that the focus should not be on the victim's feelings or state of dress but rather on the actions of the perpetrator. He suggested that the law should define the offense based on whether the act is done in a manner that would embarrass a reasonable person, rather than tying it to the victim's attire. This approach aims to protect victims' privacy and ensure that the law is enforceable without inadvertently criminalizing innocent behavior.

Another senator raised concerns about the implications of the law on minors, noting that any criminalization of behavior would apply equally to children. This point highlighted the need for clarity in defining what constitutes a criminal act, particularly in school settings where such incidents might occur among peers.

The discussion also touched on the importance of narrowing the language of the statute to avoid ambiguity. Lawmakers expressed a desire to focus on severe cases, such as those involving the exposure of genitalia or breasts, while avoiding the criminalization of less severe actions that might occur in a playful context among friends.

Overall, the meeting underscored the challenges of balancing the need for legal protections against inappropriate behavior with the necessity of ensuring that the law is clear, fair, and applicable in various contexts, particularly concerning minors. The task force is expected to continue refining the language of the proposed statute to address these concerns effectively.

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