76-3-203.19. Aggravating factor for an offense committed against a child or minor as part of a ritual.

556 words·~3 min read·/ut/title-76/chapter-3/76-3-203-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Offense against a child or minor" means an offense that is:

(i)child abuse as described in Section 76-5-109 ;

(ii)child torture, as described in Section 76-5-109.4 ;

(iii)aggravated child abuse as described in Section 76-5-109.2 ;

(iv)abuse or neglect of a child with a disability as described in Section 76-5-110 ;

(v)child abuse homicide as described in Section 76-5-208 ;

(vi)kidnapping as described in Section 76-5-301 , if committed against an individual under 18 years old;

(vii)child kidnapping as described in Section 76-5-301.1 ;

(viii)aggravated kidnapping as described in Section 76-5-302 , if committed against an individual under 18 years old;

(ix)human trafficking of a child for labor as described in Section 76-5-308.5 ;

(x)human trafficking of a child for commercial sexual exploitation as described in Section 76-5-308.6 ;

(xi)unlawful sexual activity with a minor as described in Section 76-5-401 ;

(xii)sexual abuse of a minor as described in Section 76-5-401.1 ;

(xiii)rape as described in Section 76-5-402 , if committed against an individual under 18 years old;

(xiv)rape of a child as described in Section 76-5-402.1 ;

(xv)object rape as described in Section 76-5-404.2 , if committed against an individual under 18 years old;

(xvi)object rape of a child as described in Section 76-5-402.3 ;

(xvii)forcible sodomy as described in Section 76-5-403 , if committed against an individual under 18 years old;

(xviii) sodomy on a child as described in Section 76-5-403.1 ;

(xix)forcible sexual abuse as described in Section 76-5-404 , if committed against an individual under 18 years old;

(xx)sexual abuse of a child as described in Section 76-5-404.1 ;

(xxi)aggravated sexual abuse of a child as described in Section 76-5-404.3 ;

(xxii)aggravated sexual assault as described in Section 76-5-405 , if committed against an individual under 18 years old;

(xxiii) unlawful kissing of a child as described in Section 76-5-416.2 ; or

(xxiv)unlawful kissing of a minor as described in Section 76-5-416.4 .

(b)"Ritual" means an event or act, or a series of events or acts:

(i)marked by specific actions, specific gestures, ceremonial objects, ceremonial clothing, religious texts, or specific words; and

(ii)designed to commemorate, celebrate, or solemnize a particular occasion or significance in a religious, cultural, social, institutional, or other context.

(2)For a defendant convicted of an offense against a child or minor, it is an aggravating factor if the sentencing court finds that the defendant committed the offense as part of, or to facilitate, a ritual or a training or practice to perform a ritual.

(3)When sentencing a defendant convicted of an offense against a child or minor subject to the aggravating factor described in Subsection

(2), the sentencing court shall consider the aggravating factor and include the aggravating factor in the judgment of commitment.

(4)In determining the length of imprisonment for a defendant imprisoned for a conviction of an offense against a child or minor subject to the aggravating factor described in Subsection

(2), the Board of Pardons and Parole shall consider the aggravating factor.

Amended by Chapter 247 , 2026 General Session