76-3-203.20. Aggravating factor if actor traveled to commit a child sexual offense.

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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)"Child sexual offense" means one of the following offenses:

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

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

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

(iv)unlawful sexual conduct with a 16- or 17-year-old as described in Section 76-5-401.2 ;

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

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

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

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

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

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

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

(b)"Principal place of residence" means the single location where an individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning, as evidenced by:

(i)the intent expressed by the individual; and

(ii)acts of the individual that are consistent or inconsistent with the intent expressed by the individual.

(2)For a defendant convicted of a child sexual offense, it is an aggravating factor if the sentencing court finds that the defendant:

(a)traveled more than 45 miles from the defendant's principal place of residence for the purpose of the defendant committing, or attempting to commit, the child sexual offense; or

(b)paid for, or otherwise facilitated, the victim to travel more than 45 miles from the victim's principal place of residence, for the purpose of the defendant committing, or attempting to commit, the child sexual offense.

(3)When sentencing a defendant convicted of a child sexual offense 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