1. (1) An actor convicted of a sexual offense described in Section 76-5-401.1 or 76-5-401.2 may be subject to an enhanced penalty if, at the time of the commission of the sexual offense, the actor:

   1. (a) was 18 years old or older;
   2. (b) held a position of special trust as a teacher, employee, or volunteer at a school, as that position is defined in Subsection 76-5-404.1(1)(a)(v)(S); and
   3. (c) committed the offense against an individual who at the time of the offense was enrolled as a student at the school where the actor was employed or was acting as a volunteer.
2. (2) The enhancement of a penalty described in Subsection (1) shall be an enhancement of one classification higher than the offense of which the actor was convicted.

Amended by Chapter 223, 2025 General Session