76-5b-204.1. Aggravated sexual extortion.

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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

(a)As used in this section:

(i)"Adult" means an individual 18 years old or older.

(ii)"Child" means an individual under 18 years old.

(iii)"Position of special trust" means the same as that term is defined in Section 76-5-404.1 .

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits aggravated sexual extortion when, in conjunction with the offense described in Subsection 76-5b-204(2) , any of the following circumstances have been charged and admitted or found true in the action for the offense:

(a)the victim is a child or vulnerable adult;

(b)the offense was committed by the use of a dangerous weapon or by violence, intimidation, menace, fraud, or threat of physical harm, or was committed during the course of a kidnapping;

(c)the victim suffered bodily injury or severe psychological injury during, or as a result of, the offense;

(d)the actor was a stranger to the victim, or became a friend of the victim, for the purpose of committing the offense;

(e)the actor, before sentencing for the offense, was previously convicted of any sexual offense;

(f)the actor occupied a position of special trust in relation to the victim;

(g)the actor encouraged, aided, allowed, or benefited from:

(i)acts of prostitution or sexual acts by the victim with any other individual;

(ii)a sexual performance by the victim before any other individual; or

(iii)human trafficking or human smuggling; or

(h)the actor caused the penetration, however slight, of the genital or anal opening of the victim by any part or parts of the human body, or by any other object.

(a)If the actor is an adult:

(i)a violation of Subsection

(2)in which the victim is a child or a vulnerable adult is a first degree felony with a mandatory fine of not less than $20,000;

(ii)a violation of Subsection (2)(c) in which the victim is an adult who is not a vulnerable adult is a first degree felony with a mandatory fine of not less than $20,000; or

(iii)a violation of Subsection (2)(b) , (d), (e), (f), (g), or

(h)in which the victim is an adult who is not a vulnerable adult is a second degree felony with a mandatory fine of not less than $10,000.

(b)If the actor is a child, a violation of Subsection

(2)is a third degree felony if there is more than a two-year age gap between the actor and the victim.

(4)Upon a conviction for a violation of Subsection

(2), the court shall order the imposition of at least the applicable minimum fine amount described in Subsection (3)(a) and may not waive or suspend the fine.

(5)This section does not preclude an actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the actor violates or attempts to violate this section.

(6)An interactive computer service, as defined in 47 U.S.C. Sec. 230, is not subject to liability under this section related to content provided by a user of the interactive computer service.

Enacted by Chapter 330 , 2026 General Session