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Utah legislature may criminalize 'pantsing'

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SALT LAKE CITY — The Utah State Legislature will take up a bill that would criminalize "pantsing" someone.

The draft bill, presented to the Criminal Code Evaluation Task Force, would make it a misdemeanor crime to drop someone's pants, leading to exposure of their underwear or genitals. While the notion of criminalizing pantsing prompted some chuckles, task force chair Rep. Matthew Gwynn, R-Farr West, said the law change is designed to help victims.

"People were talking about it kind of being lighthearted, jovial and joking around. Well that may be someone's intent but that may not be how the victim feels as a result, right?" he told FOX 13 News. "For an adult to be exposed in public forcibly against their will, when a person cannot do that with their own clothing in a public place."

Members of the task force, made up of people including criminal prosecutors, defense attorneys and legislators, debated how far any law should go. They discussed distinctions in law between juveniles and adults and someone's intent versus how a victim might perceive it. Some suggested a warning or a citation before proceeding to criminal charges.

Ultimately, the committee voted to put it under the indecent exposure statute and make pantsing where someone's undergarments are left exposed a class B misdemeanor. If someone's genitals or buttocks are exposed, it would elevate to a class A misdemeanor. Both carry the potential for jail time, but most often a judge levies a fine. Prosecutors would still have discretion to bring charges in the first place should the police get involved.

The Criminal Code Evaluation Task Force also voted to close a loophole involving teachers who engage in sexual conduct with students. Under an area of law dealing with a "position of trust," the committee addressed situations where a student may legally be an adult. The new statute would still make that a crime.

"Currently, it is a loophole," Rep. Gwynn said. "There’s been some concerns and discussions about maybe you have teachers who know when a student is approaching 18, and they get to know that student over time for the purpose of waiting for that person to become 18 in which they can take that relationship further. We want to stop that as well."

The task force voted to advance the draft legislation to the Utah State Legislature which will meet in January.