76-5-420 Lewdness Involving A Minor

Lewdness involving a minor became a state statute in 1988. It was added onto the list of registrable offenses in 2001 with the introduction and passage of H.B. 237 Sex Offender Registry. This change expanded the state's sex offender registry laws and was part of a larger trend in the U.S. toward stricter registration requirements, driven by public outcry following high-profile cases of violence against children.

H.B. 237 broadened  the range of offenses that required registration, to capture a wider range of behaviors that legislators considered to be a threat to children. Increased media attention on child safety and the tragic stories of victims created public pressure to protect communities from sex offenders. This led state legislatures to pass laws that added more offenses to the list of registrable crimes, aiming to increase public safety and awareness.

Following Femedeer v. Department of Corrections decison on August 29, 2000, the 10th Circuit Court of Appeals upheld the constitutionality of Utah's sex offender registration and internet notification scheme. The ruling resulted from the passage of H.B. 362 Sex Offender Public Records in 1998 requiring the Department of Corrections (DOC) to make public its registry of persons convicted of certain sex offenses. Unlike public notification laws in other states, Utah’s law did not require any sort of assessment to determine individuals’ risks of re-offending before publicizing their names and addresses.

The Utah DOC decided to satisfy its statutory obligations by posting the sex offender registry on its official website, thus making the information available not only to those who demonstrated a need to know it, but to anyone, anywhere, and for any purpose.

The court's decision spurred legislative action to amend the sex offender registration statute the following legislative session, which the Utah Legislature subsequently updated in 2001 to include 76-5-420 Lewdness Involving A Minor, 76-5-417 Enticing a Minor, and 76-7-102 Incest, as a registrable offenses. 

The inclusion of "lewdness involving a minor" in the list of registrable offenses reflected a societal and legal shift towards treating offenses against children with greater severity and creating mechanisms to monitor and deter potential offenders. 

Lewdness involving a child became a registrable offense to create a more severe punishment for specific acts of lewdness that target or involve children, even if the act itself does not fall under the existing categories of sexual abuse or assault. It addressed gaps in earlier laws by ensuring that lewd conduct directed at children under 14 carries mandatory sex offender registration. 

On February 7, 2024, Rep. Colin Jack (R-Washington) brought H.B. 424 before the House Law Enforcement and Criminal Justice Committee to modify and tighten restrictions on sex offense laws with amendments to statute 76-5-420 lewdness involving a child. This bill expanded what kind of behaviors could be prosecuted under lewdness involving a child. 

The impetus for this bill stemmed from two drag shows which took place in St. George, Utah the previous year on June 30, 2023 and September 25-26, 2023. These drag shows were colorfiul in nature and similar to what would be seen during Mardi Gras in New Orleans, Louisiana or on Fremont Street in Las Vegas, Nevada. These are not family friendly events, yet they were allowed to be held in family friendly areas. 

During the Committee meeting, while the word “drag,” was not mentioned, it became very apparent on what Rep. Jack’s focus was regarding the bills intent. Rep. Jack detailed images his constituents sent him over the previous year from the June and September drag shows which spurred the reactions against the drag show.[1] H.B. 424 passed the committee on party-line votes, was ushered into the House and Senate chambers and quickly voted on. It passed the legislature and was signed into law by Governor Cox on March 13, 2024. 

On May 17, 1996, President Bill Clinton signed federal Megan's Law, an amendment to the Jacob Wetterling Act, that set the guidelines for the state statutes, requiring states to notify the public, although officials could decide how much public notification is necessary, based on the level of danger posed by an offender.[1]  

Under pressure from Congress, Utah passed H.B. 492 to come into compliance with the Adam Walsh Act. Rep. Paul Ray (District 13) introduced the bill to modify the Criminal Code and the Code of Criminal Procedure regarding the registration of sex offenders and the content of the sex offender registry. This bill added statutes 76-5-302 Aggravated Kidnapping and 6-9-702.7  Voyeurism into the list of registrable offenses. The Rep. Litvak indicated that as a result of this legislation, Utah's rules will "be as stringent, if not more stringent, than other states."[2]

The 1998 amendments to the state's sex offender registration law expanded the scope of offenses that required registration and made several substantive changes to the registry.

Legislative Path

2/1/2008 Bill Numbered by Title Without any Substance

2/1/2008 Numbered Bill Made Available for Public Distributi

2/14/2008 House/ read 1st time (Introduced)

2/20/2008 House Comm - Amendment Recommendation

2/21/2008 House/ read 2nd time

2/26/2008 House/ read 3rd time

2/26/2008 House/ passed 3rd reading

2/26/2008 Senate/ received from House

2/26/2008 Senate/ read 1st (Introduced)

3/5/2008 Senate/ read 2nd & 3rd (Suspension)

3/5/2008 Senate/ pass 2nd & 3rd (Suspension)

3/18/2008 Governor Signed