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House broadens 'special trust' category for child sexual-offense law; substitute passes unanimously
Summary
Lawmakers approved a substitute expanding the legal category of "position of special trust" (including teachers, coaches and youth leaders) so certain sexual offenses against minors are treated as "without consent." Sponsor said the change puts adults in positions of authority on notice; the substitute passed the House unanimously.
The Utah House approved a substitute to existing law that widens the statutory notion of a "position of special trust" so that certain sexual offenses committed by adults in positions of authority over minors are treated as offenses "without consent." Representative Jerry Jensen, sponsor of the legislation, said the change clarifies that teachers and other adults in trusted positions who engage in sexual misconduct with students will be subject to enhanced statutory treatment.
Jensen walked members through the statutory cross-reference to section 76-5-401.1 (defining positions of special trust) and said the substitute makes the law clearer by saying that where an actor occupies a position of special trust with respect to a victim younger than 18 years old, the offense is considered without consent. He told members that the substitute eliminated certain fiscal mandates from the original draft and thus removed the associated fiscal note.
Representatives asked hypotheticals (for example, whether a teenage babysitter is covered) and Jensen clarified that the special-trust test requires a position of authority capable of exercising undue influence over the victim and the relationship must be with that particular victim.
The House passed the substitute by a recorded vote (68–0) and forwarded it to the Senate.
