Effective 5/9/2017 76-3-203.12 Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C. (1) A person convicted of a sexual offense described in Chapter 5, Part 4, Sexual Offenses, is
subject to an enhanced penalty if at the time of the sexual offense the person was infected with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C and the person knew of the infection.
(2) (a) Except as provided in Subsection (2)(b), the enhancement of a penalty described in
Subsection (1) shall be an enhancement of one classification higher than the root offense for which the person was convicted.
(b) A felony of the first degree is not enhanced under this section.
Enacted by Chapter 449, 2017 General Session