Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.

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  • (1) As used in this section:
    • (a) "Prior sexual offense" means:
      • (i) a felony offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
      • (ii) sexual exploitation of a minor, Section 76-5b-201;
      • (iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;
      • (iv) a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iii); or
      • (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (iv).
    • (b) "Sexual offense" means:
      • (i) an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in Title 76, Chapter 5, Part 4, Sexual Offenses;
      • (ii) sexual exploitation of a minor, Section 76-5b-201;
      • (iii) a felony offense of enticing a minor over the Internet, Section 76-4-401;
      • (iv) a felony attempt to commit an offense described in Subsection (1)(b)(ii) or (iii); or
      • (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (iv).
  • (2) Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
    • (a) the defendant was convicted of a prior sexual offense; and
    • (b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced.
  • (3) The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.




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