House approves juvenile diversion for certain under-14 sexual offenses

The Utah House passed Senate Bill 167 on the final day of the 2006 session, creating a limited diversion pathway for cases involving children under 14 who engage in sexual activity that would otherwise be treated as a felony. Sponsor Representative Fauci told colleagues the change would "allow the court based upon the recommendation of the prosecutor and the defense an agreement by defense attorney to provide for a diversion, rather than a conviction," and emphasized the measure is not mandatory.

Representative Lawrence questioned whether the statutory criteria for diversion must apply to both participants and whether both must agree that there was "no coercion." Representative Fauci said the diversion requires agreement by the parties and court findings that the circumstances are appropriate and noted the change responds to a recent appellate decision. Representative Tilton asked whether parents retain a role; the sponsor said parents remain involved as guardians and custodians, while the bill preserves the court's ability to treat the behavior as wrong but dispose of the case through a diversion process.

Sponsor Fauci described diversion as akin to a juvenile plea-in-abeyance: individualized terms such as counseling or school compliance are possible, and completion can result in dismissal of the charge. "This is not a mandatory provision," he said, urging support for an approach he called a vehicle to keep cases in juvenile court while avoiding automatic felony convictions for children.

The House voted 68–0 to pass SB 167; the bill was transmitted back to the Senate with the speaker's signature.