§ 80-8-203 — Penalty.

(1) Beginning May 1, 2025, in any lawsuit against a youth service organization arising out of the molestation or sexual abuse of a child committed by a youth worker against a child who was in the custody or care of the youth service organization, the youth service organization shall be considered negligent if:
(1)(a) (1)(a)(i) the youth service organization failed to conduct a registered sex offender check for the youth worker who committed the molestation or sexual abuse; and
(1)(a)(ii) a registered sex offender check for the youth worker would have revealed that the youth worker was registered on the state's Sex and Kidnap Offender Registry or the National Sex Offender Public Website; or
(1)(b) (1)(b)(i) the youth service organization conducted a registered sex offender check for the youth worker who committed the molestation or sexual abuse;
(1)(b)(ii) the registered sex offender check revealed that the youth worker was registered on the state's Sex and Kidnap Offender Registry or the National Sex Offender Public Website; and
(1)(b)(iii) the youth service organization nevertheless employed the youth worker or allowed the youth worker to volunteer.
(2) Nothing in this section excuses the plaintiff in a lawsuit described in Subsection (1) from proving all other elements of any pleaded claim, including, as applicable, duty, proximate cause, or damages.

Legislative History

Enacted by Chapter 371, 2024 General Session