§ 53-10-403 — DNA specimen analysis -- Application to offenders, including minors.

(1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to:
(1)(a) a person who has pled guilty to or has been convicted of any of the offenses under Subsection (2)(a) or (b) on or after July 1, 2002;
(1)(b) a person who has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(1)(c) a person who has been booked on or after January 1, 2011, through December 31, 2014, for any offense under Subsection (2)(c);
(1)(d) a person who has been booked:
(1)(d)(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13, 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
(1)(d)(ii) on or after January 1, 2015, for any felony offense; or
(1)(e) a minor:
(1)(e)(i) (1)(e)(i)(A) who is adjudicated by the juvenile court for an offense described in Subsection (2) that is within the jurisdiction of the juvenile court on or after July 1, 2002; or
(1)(e)(i)(B) who is adjudicated by the juvenile court for an offense described in Subsection (2) and is in the legal custody of the Division of Juvenile Justice and Youth Services for the offense on or after July 1, 2002; and
(1)(e)(ii) who is 14 years old or older at the time of the commission of the offense described in Subsection (2).
(2) Offenses referred to in Subsection (1) are:
(2)(a) any felony or class A misdemeanor under the Utah Code;
(2)(b) any offense under Subsection (2)(a):
(2)(b)(i) for which the court enters a judgment for conviction to a lower degree of offense under Section 76-3-402; or
(2)(b)(ii) regarding which the court allows the defendant to enter a plea in abeyance as defined in Section 77-2a-1; or
(2)(c) (2)(c)(i) any violent felony as defined in Section 53-10-403.5;
(2)(c)(ii) sale or use of body parts, Section 26B-8-315;
(2)(c)(iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
(2)(c)(iv) operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
(2)(c)(v) a felony violation of enticing a minor, Section 76-5-417;
(2)(c)(vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
(2)(c)(vii) a felony violation of propelling a substance or object at a correctional officer, a peace officer, or an employee or a volunteer, including health care providers, Section 76-5-102.6;
(2)(c)(viii) automobile homicide, Subsection 76-5-207(2)(b);
(2)(c)(ix) aggravated human trafficking, Section 76-5-310, and aggravated human smuggling, Section 76-5-310.1;
(2)(c)(x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
(2)(c)(xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
(2)(c)(xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
(2)(c)(xiii) sale of a child, Section 76-7-203;
(2)(c)(xiv) aggravated escape, Section 76-8-309.3;
(2)(c)(xv) a felony violation of threatened or attempted assault on an elected official, Section 76-8-313;
(2)(c)(xvi) threat with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316;
(2)(c)(xvii) assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.2;
(2)(c)(xviii) aggravated assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.4;
(2)(c)(xix) attempted murder with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section 76-8-316.6;
(2)(c)(xx) advocating criminal syndicalism or sabotage, Section 76-8-902;
(2)(c)(xxi) assembling for advocating criminal syndicalism or sabotage, Section 76-8-903;
(2)(c)(xxii) a felony violation of sexual battery, Section 76-5-418;
(2)(c)(xxiii) a felony violation of lewdness involving a child, Section 76-5-420;
(2)(c)(xxiv) a felony violation of abuse or desecration of a dead human body, Section 76-5-802;
(2)(c)(xxv) manufacture, possession, sale, or use of a weapon of mass destruction, Section 76-15-302;
(2)(c)(xxvi) manufacture, possession, sale, or use of a hoax weapon of mass destruction, Section 76-15-303;
(2)(c)(xxvii) possession of a concealed firearm in the commission of a violent felony, Subsection 76-11-202(3)(c);
(2)(c)(xxviii) assault with the intent to commit bus hijacking with a dangerous weapon as described in Subsection 76-9-1503(3)(b);
(2)(c)(xxix) aggravated commercial obstruction, Section 76-9-114;
(2)(c)(xxx) a felony violation of failure to register as a sex or kidnap offender, Section 53-29-305;
(2)(c)(xxxi) repeat violation of a protective order, Subsection 77-36-1.1(4); or
(2)(c)(xxxii) violation of condition for release after arrest under Section 78B-7-802.

Legislative History

Amended by Chapter 173, 2025 General Session; Amended by Chapter 208, 2025 General Session; Amended by Chapter 291, 2025 General Session