(1) Upon adjudication in the juvenile court of an individual charged with child abuse, child sexual abuse, or sexual exploitation of a child, the juvenile court may order treatment for the adjudicated offender or the victim.

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Terms Used In Utah Code 80-3-403

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
  • Adjudication: means , except as provided in Subsection (3)(b):
              (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
                   (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
                   (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
                   (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
              (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
  • Sexual abuse: means :
         (79)(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
         (79)(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:
              (79)(b)(i) there is an indication of force or coercion;
              (79)(b)(ii) the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption;
              (79)(b)(iii) there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or
              (79)(b)(iv) there is a disparity in chronological age of four or more years between the two children;
         (79)(c) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:
              (79)(c)(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor;
              (79)(c)(ii) child bigamy, Section Utah Code 80-1-102
  • Sexual exploitation: means knowingly:
         (80)(a) employing, using, persuading, inducing, enticing, or coercing any child to:
              (80)(a)(i) pose in the nude for the purpose of sexual arousal of any individual; or
              (80)(a)(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;
         (80)(b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:
              (80)(b)(i) in the nude, for the purpose of sexual arousal of any individual; or
              (80)(b)(ii) engaging in sexual or simulated sexual conduct; or
         (80)(c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section Utah Code 80-1-102
(2) The juvenile court shall require the adjudicated offender described in Subsection (1) to pay, to the extent that the adjudicated offender is able, the costs of the treatment described in Subsection (1) and the administrative costs incurred by the division in monitoring completion of the ordered therapy or treatment.
(3) If the adjudicated offender is unable to pay the full cost of treatment under Subsection (2), the juvenile court:

     (3)(a) may order the division to pay the costs, to the extent that funding is provided by the Legislature for that purpose; and
     (3)(b) shall order the adjudicated offender to perform public service work as compensation for the cost of the treatment.