reglab/housing_qa huggingface dataset:
UT Code § 76-5-406.3 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 406.3 - Applicability of sentencing provisions.

76-5-406.3. Applicability of sentencing provisions.  A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; Section 76-5-404.1, aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault shall be sentenced as follows:   (1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in accordance with the statutory provisions in effect prior to that date.     (2) If the person commits the crime and is sentenced on or after April 29, 1996, he shall be punished in accordance with the statutory provisions in effect after April 29, 1996.     (3) If the person commits the crime prior to April 29, 1996, but is sentenced on or after April 29, 1996, he shall be given the option prior to sentencing to proceed either under the law which was in effect at the time the offense was committed or the law which was in effect at the time of sentencing. If the person refuses to select, the court shall sentence the person in accordance with the law in effect at the time of sentencing. The provisions of Subsections 77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to be sentenced in accordance with the law in effect prior to April 29, 1996.    Enacted by Chapter 40, 1996 General Session
UT Code § 76-5-407 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 407 - Applicability of part -- "Penetration" or "touching" sufficient to constitute offense.

 Effective 5/14/2019  76-5-407. Applicability of part -- "Penetration" or "touching" sufficient to constitute offense.    (1) The provisions of this part do not apply to consensual conduct between individuals married to each other.     (2) In any prosecution for:   (a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense:   (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse;     (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving sexual intercourse; or     (iii) rape, a violation of Section 76-5-402; or       (b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense:   (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy;     (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy;     (iii) forcible sodomy, a violation of Subsection 76-5-403(2);     (iv) rape of a child, a violation of Section 76-5-402.1; or     (v) object rape of a child, a violation of Section 76-5-402.3.         (3) In any prosecution for the following offenses, any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of the offense:   (a) sodomy on a child, a violation of Section 76-5-403.1;     (b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1;     (c) sexual abuse of a minor, a violation of Section 76-5-401.1;     (d) unlawful sexual conduct with a 16- or 17-year-old, a violation of Section 76-5-401.2;     (e) forcible sexual abuse, a violation of Section 76-5-404;     (f) custodial sexual relations, a violation of Section 76-5-412; or     (g) custodial sexual relations or misconduct with youth receiving state services, a violation of Section 76-5-413.      Amended by Chapter 189, 2019 General SessionAmended by Chapter 378, 2019 General Session
UT Code § 76-5-409 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 409 - Corroboration of admission by child's statement.

76-5-409. Corroboration of admission by child's statement.    (1) Notwithstanding any provision of law requiring corroboration of admissions or confessions, and notwithstanding any prohibition of hearsay evidence, a child's statement indicating in any manner the occurrence of the sexual offense involving the child is sufficient corroboration of the admission or the confession regardless of whether or not the child is available to testify regarding the offense.     (2) A child, for purposes of Subsection (1), is a person under the age of 14.    Enacted by Chapter 88, 1983 General Session
UT Code § 76-5-410 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 410 - Child victim of sexual abuse as competent witness.

76-5-410. Child victim of sexual abuse as competent witness.  A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony.  Amended by Chapter 74, 1985 General Session
UT Code § 76-5-414 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 414 - Child conceived as a result of sexual offense -- Custody and parent-time.

76-5-414. Child conceived as a result of sexual offense -- Custody and parent-time.    (1) A person convicted of a violation of Title 76, Chapter 5, Part 4, Sexual Offenses, except for Sections 76-5-401 and 76-5-401.2, that results in conception of a child may not be granted custody or parent-time rights by a court regarding the child, unless:   (a) the nonconvicted biological parent or legal guardian of the child consents and the court determines it is in the best interest of the child to award custody or parent-time to the convicted person; or     (b) after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.       (2) A denial of custody or parent-time under this section may not in and of itself:   (a) terminate the parental rights of the person denied parent-time or custody; or     (b) affect the obligation of the convicted person to financially support the child.      Enacted by Chapter 193, 2013 General Session
UT Code § 76-5-415 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 415 - Educator's license subject to action for violation of this part.

 Effective 3/22/2018  76-5-415. Educator's license subject to action for violation of this part.  Commission of any offense under this Title 76, Chapter 5, Part 4, Sexual Offenses, by an educator as defined in Section 53E-6-102, is grounds under Section 53E-6-604 for disciplinary action against the educator, including revocation of the educator's license. Amended by Chapter 415, 2018 General Session
UT Code § 76-5-416 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 4 - Sexual Offenses|Section 416 - Indecent liberties -- Definition.

 Effective 5/14/2019  76-5-416. Indecent liberties -- Definition.  As used in this part, "takes indecent liberties" means:  (1) the actor touching the victim's genitals, anus, buttocks, pubic area, or female breast;     (2) causing any part of the victim's body to touch the actor's or another's genitals, pubic area, anus, buttocks, or female breast;     (3) simulating or pretending to engage in sexual intercourse with the victim, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or     (4) causing the victim to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.     Amended by Chapter 378, 2019 General Session
UT Code § 76-5-501 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 5 - HIV Testing - Sexual Offenders and Victims|Section 501 - Definitions.

 Effective 5/12/2015  76-5-501. Definitions.  For purposes of this part:  (1) "Alleged sexual offender" means a person or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, and regarding which:   (a) a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and     (b) the judge has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the alleged offense.       (2) "Department of Health" means the state Department of Health as defined in Section 26-1-2.     (3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:   (a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;     (b) presence of HIV antigen;     (c) isolation of HIV; or     (d) demonstration of HIV proviral DNA.       (4) "HIV positive individual" means a person who is HIV positive as determined by the State Health Laboratory.     (5) "Local department of health" means the department as defined in Subsection 26A-1-102(5).     (6) "Minor" means a person younger than 18 years of age.     (7) "Positive" means an indication of the HIV infection as defined in Subsection (3).     (8) "Sexual offense" means a violation of state law prohibiting a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses.     (9) "Test" or "testing" means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health.    Amended by Chapter 39, 2015 General Session
UT Code § 76-5-503 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 5 - HIV Testing - Sexual Offenders and Victims|Section 503 - Voluntary testing -- Victim to request -- Costs paid by Utah Office for Victims of Crime.

76-5-503. Voluntary testing -- Victim to request -- Costs paid by Utah Office for Victims of Crime.    (1) A victim or minor victim of a sexual offense as provided under Title 76, Chapter 5, Part 4, Sexual Offenses, may request a test for the HIV infection.     (2)   (a) The local health department shall obtain the blood specimen from the victim and forward the specimen to the Department of Health.     (b) The Department of Health shall analyze the specimen of the victim.       (3) The testing shall consist of a base-line test of the victim at the time immediately or as soon as possible after the alleged occurrence of the sexual offense. If the base-line test result is not positive, follow-up testing shall occur at three months and six months after the alleged occurrence of the sexual offense.     (4) The Crime Victim Reparations Fund shall pay for the costs of the victim testing if the victim provides a substantiated claim of the sexual offense, does not test HIV positive at the base-line testing phase, and complies with eligibility criteria established by the Utah Office for Victims of Crime.    Amended by Chapter 131, 2011 General Session
UT Code § 76-5-504 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 5 - HIV Testing - Sexual Offenders and Victims|Section 504 - Victim notification and counseling.

76-5-504. Victim notification and counseling.    (1)   (a) The Department of Health shall provide the victim who requests testing of the alleged sexual offender's human immunodeficiency virus status counseling regarding HIV disease and referral for appropriate health care and support services.     (b) If the local health department in whose jurisdiction the victim resides and the Department of Health agree, the Department of Health shall forward a report of the alleged sexual offender's human immunodeficiency virus status to the local health department and the local health department shall provide the victim who requests the test with the test results, counseling regarding HIV disease, and referral for appropriate health care and support services.       (2) Notwithstanding the provisions of Section 26-6-27, the Department of Health and a local health department acting pursuant to an agreement made under Subsection (1) may disclose to the victim the results of the alleged sexual offender's human immunodeficiency virus status as provided in this section.    Amended by Chapter 177, 2011 General Session
UT Code § 76-5-601 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 601 - Title.

 Effective 5/9/2017  76-5-601. Title.  This part is known as the "Sexual Assault Kit Processing Act." Enacted by Chapter 249, 2017 General Session
UT Code § 76-5-602 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 602 - Definitions.

 Effective 5/8/2018  76-5-602. Definitions.  For purposes of this part:  (1) "Collecting facility" means a hospital, health care facility, or other facility that performs sexual assault examinations.     (2) "Department" means the Department of Public Safety.     (3) "Restricted kit" means a sexual assault kit:   (a) that is collected by a collecting facility; and     (b) for which a victim who is 18 years of age or older at the time of the sexual assault kit evidence collection declines:   (i) to have his or her sexual assault kit processed; and     (ii) to have the sexual assault examination form shared with any entity outside of the collection facility.         (4) "Sexual assault kit" means a package of items that is used by medical personnel to gather and preserve biological and physical evidence following an allegation of sexual assault.     (5) " Trauma-informed, victim-centered" means policies, procedures, programs, and practices that:   (a) have demonstrated an ability to minimize retraumatization associated with the criminal justice process by recognizing the presence of trauma symptoms and acknowledging the role that trauma has played in the life of a victim of sexual assault or sexual abuse; and     (b) encourage law enforcement officers to interact with victims of sexual assault or sexual abuse with compassion and sensitivity in a nonjudgmental manner.      Amended by Chapter 57, 2018 General Session
UT Code § 76-5-603 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 603 - All sexual assault kits to be submitted.

 Effective 5/8/2018  76-5-603. All sexual assault kits to be submitted.    (1) Except as provided in Subsection 76-5-604(5), beginning July 1, 2018, all sexual assault kits received by law enforcement agencies shall be submitted to the Utah Bureau of Forensic Services in accordance with the provisions of this part.     (2) The Utah Bureau of Forensic Services shall test all sexual assault kits that the bureau receives with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System.     (3)   (a) The testing of all sexual assault kits shall be completed within a specified amount of time, as determined by administrative rule consistent with the provisions of this part.     (b) The ability of the Utah Bureau of Forensic Services to meet the established time frames may be dependent upon the following factors:   (i) the number of sexual assault kits that the Utah Bureau of Forensic Services receives;     (ii) the technology available and improved testing methods;     (iii) fully trained and dedicated staff to meet the full workload needs of the Utah Bureau of Forensic Services; and     (iv) the number of lab requests received relating to other crime categories.        Amended by Chapter 57, 2018 General Session
UT Code § 76-5-605 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 605 - Sexual assault kit retention and disposal.

 Effective 5/9/2017  76-5-605. Sexual assault kit retention and disposal.  Any item of evidence gathered by collecting facility personnel, law enforcement, prosecutorial, or defense authorities that may be subject to deoxyribonucleic acid evidence testing and analysis in order to confirm the guilt or innocence of a criminal defendant may not be disposed of before trial of a criminal defendant unless:  (1) 50 years have passed from the date of evidence collection for sexual assault kits relating to an uncharged or unresolved crime; or     (2) 20 years have passed from the date of evidence collection for restricted kits, and:   (a) the prosecution has determined that the defendant will not be tried for the criminal offense;     (b) the prosecution has filed a motion with the court to destroy the evidence; and     (c) an attempt has been made to notify the victim as required in Subsections 77-37-3(3)(b)(i) and (ii).      Enacted by Chapter 249, 2017 General Session
UT Code § 76-5-606 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 606 - Victim notification of rights -- Notification of law enforcement.

 Effective 5/9/2017  76-5-606. Victim notification of rights -- Notification of law enforcement.    (1) Collecting facility personnel who conduct sexual assault examinations shall inform each victim of a sexual assault of:   (a) available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric conditions;     (b) available crisis intervention or other mental health services provided;     (c) the option to receive prophylactic medication to prevent sexually transmitted infections and pregnancy;     (d) the right to determine:   (i) whether to provide a personal statement about the sexual assault to law enforcement; and     (ii) if law enforcement should have access to any paperwork from the forensic examination; and       (e) the victim's rights as provided in Section 77-37-3.       (2) The collecting facility shall notify law enforcement as soon as practicable if the victim of a sexual assault decides to interview and discuss the assault with law enforcement.     (3) If a victim of a sexual assault declines to provide a personal statement about the sexual assault to law enforcement, the collecting facility shall provide a written notice to the victim that contains the following information:   (a) where the sexual assault kit will be stored;     (b) notice that the victim may choose to contact law enforcement any time after declining to provide a personal statement;     (c) the name, phone number, and email address of the law enforcement agency having jurisdiction; and     (d) the name and phone number of a local rape crisis center.      Enacted by Chapter 249, 2017 General Session
UT Code § 76-5-607 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 607 - Statewide sexual assault kit tracking system.

 Effective 5/9/2017  76-5-607. Statewide sexual assault kit tracking system.    (1) The department shall develop and implement a statewide tracking system by July 1, 2018, that contains the following information for all sexual assault kits collected by law enforcement:   (a) the submission status of sexual assault kits by law enforcement to the Utah Bureau of Forensic Services;     (b) notification by the Utah Bureau of Forensic Services to law enforcement of DNA analysis findings; and     (c) the storage location of sexual assault kits.       (2) The tracking system shall include a secure electronic access that allows the submitting agency, collecting facility, department, and a victim, or his or her designee, to access or receive information, provided that the disclosure does not impede or compromise an active investigation, about the:   (a) lab submission status;     (b) DNA analysis findings provided to law enforcement; and     (c) storage location of a sexual assault kit that was gathered from that victim.      Enacted by Chapter 249, 2017 General Session
UT Code § 76-5-608 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 5 - Offenses Against the Person|Part 6 - Sexual Assault Kit Processing Act|Section 608 - Law enforcement -- Training -- Sexual assault, sexual abuse, and human trafficking.

 Effective 5/12/2020  76-5-608. Law enforcement -- Training -- Sexual assault, sexual abuse, and human trafficking.    (1) The department and the Utah Prosecution Council shall develop training in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but are not limited to, the following:   (a) recognizing the symptoms of trauma;     (b) understanding the impact of trauma on a victim;     (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;     (d) delivering services to victims of sexual assault or sexual abuse in a compassionate, sensitive, and nonjudgmental manner;     (e) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and     (f) techniques of writing reports in accordance with Subsection (5).       (2)   (a) The department and the Utah Prosecution Council shall offer the training in Subsection (1) to all certified law enforcement officers in the state.     (b) The training for all law enforcement officers may be offered through an online course, developed by the department and the Utah Prosecution Council.       (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer.     (4)   (a) The department and the Utah Prosecution Council shall develop and offer an advanced training course for officers who investigate cases of sexual assault or sexual abuse.     (b) The advanced training course shall include:   (i) all criteria listed in Subsection (1); and     (ii) interviewing techniques in accordance with the curriculum standards in Subsection (5).         (5) The department shall consult with the Utah Prosecution Council to develop the specific training requirements of this section, including curriculum standards for report writing and response to sexual assault and sexual abuse, including trauma-informed and victim-centered interview techniques, which have been demonstrated to minimize retraumatizing victims.     (6) The Office of the Attorney General shall develop and offer training for law enforcement officers in investigating human trafficking offenses.     (7) The training described in Subsection (6) shall be offered to all law enforcement officers in the state by July 1, 2020.     (8) The training described in Subsection (6) shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer, in conjunction with the training described in Subsection (1), beginning July 1, 2021.     (9) The Office of the Attorney General, the department, and the Utah Prosecution Council shall consult with one another to provide the training described in Subsection (6) jointly with the training described in Subsection (1) as reasonably practicable.    Amended by Chapter 108, 2020 General Session