1. (1) As used in this section:

   1. (a)

      1. (i) "Prior sexual offense" means:

         1. (A) a felony offense described in Chapter 5, Part 4, Sexual Offenses;
         2. (B) sexual exploitation of a minor, Section 76-5b-201;
         3. (C) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
         4. (D) possession of apparent child sexual abuse material, Section 76-5b-207;
         5. (E) distribution of apparent child sexual abuse material, Section 76-5b-208;
         6. (F) unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section 76-5b-209;
         7. (G) a felony attempt to commit an offense described in Subsections (1)(a)(i)(A) through (F); or
         8. (H) 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)(A) through (G).

      2. (ii) "Prior sexual offense" does not include:

         1. (A) lewdness, as described in Section 76-5-419; or
         2. (B) lewdness involving a child, as described in Section 76-5-420.

   2. (b)

      1. (i) "Sexual offense" means:

         1. (A) an offense that is a second or third degree felony, or an attempted offense, which attempt is a second or third degree felony, described in Chapter 5, Part 4, Sexual Offenses;
         2. (B) sexual exploitation of a minor, Section 76-5b-201;
         3. (C) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
         4. (D) possession of apparent child sexual abuse material, Section 76-5b-207;
         5. (E) distribution of apparent child sexual abuse material, Section 76-5b-208;
         6. (F) unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section 76-5b-209;
         7. (G) a felony attempt to commit an offense described in Subsections (1)(b)(i)(B) through (F); or
         8. (H) 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)(A) through (G).

      2. (ii) "Sexual offense" does not include:

         1. (A) lewdness, as described in Section 76-5-419; or
         2. (B) lewdness involving a child, as described in Section 76-5-420.

2. (2) Notwithstanding any other provision of law, the minimum and 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:

   1. (a) the defendant was convicted of a prior sexual offense; and
   2. (b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant committed the sexual offense for which the defendant is being sentenced.
3. (3) The increased term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.
4. (4) If a defendant's conviction is increased under this section, the defendant's entire sentence for the conviction is subject to mandatory imprisonment under Section 76-3-406.

Amended by Chapter 358, 2026 General Session