H.B. 103 Underage Marriage Amendments

What this bill does

The bill makes it a third-degree felony for an adult to marry a minor illegally under Utah law, or to take or travel with a Utah-resident minor out of state to do so. It also moves three existing marriage-related offenses into this part of code and leaves Utah's minimum marriage age unchanged.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

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Every vote

• 8 yes, 0 no, 3 absentHouse Law Enforcement and Criminal Justice Committee: vote to approve it · Jan 23, 2026Who voted how
• 69 yes, 0 no, 6 absentFinal House vote · Feb 3, 2026Who voted how
• 5 yes, 0 no, 4 absentSenate Judiciary, Law Enforcement, and Criminal Justice Committee: vote to approve it · Feb 24, 2026Who voted how
• 20 yes, 0 no, 9 absentFirst of two Senate votes · Mar 2, 2026Who voted how
• 29 yes, 0 noFinal Senate vote · Mar 3, 2026Who voted how

Hearings and debates

• Jan 23, 2026 House Law Enforcement and Criminal Justice Committee▶ Watch
  Transcript (36 turns)

  1. Committee chair1:35:32

     Thank you. Hey, next item on our agenda is house bill four or sorry, item number four, house bill 1 0 3. Representative Ballard, go ahead.

  2. Rep. Melissa G. Ballard1:35:46

     Thank you.

  3. Committee chair1:36:01

     Thank you. Thank you. Go ahead representative. The time is yours.

  4. Rep. Melissa G. Ballard1:36:08

     So thank you, uh, Mr. Chair and committee members, um, HB 1 0 3 is under age marriage amendments. So online there is a great, uh, handout that I have that hopefully makes this very clear what this is and what it is not. Uh, I'm just gonna plug in my screen here, um, to be viewed while I'm talking. So there are three offenses that are brand new and three that are already in existence that we're just moving into this part of code. So the three things, do we have that online or do I need to do something other than plug it in? Oh, that's not, hold on. Okay. Technician sees it. Are we close to getting the rest of us to see it? It just disappeared. Okay, now it's back. Okay. Whatever you did. Hold your breath. What are we doing? We got it. Great. Okay. We got it. Okay. So there are the new offenses, uh, regarding underage marriage is unlawfully marrying a minor. I'm gonna zoom this in a little bit so you can see it. These first three unlawfully marrying a minor, transporting a minor outta state for an elite gold marriage and traveling out of state to marry a minor. So I'm just gonna read this briefly 'cause I think that, uh, clearly states what this is. The actor is at least 18, marries a minor that does not meet marriage standards that we already have in code. Um, also transporting a minor out of state for an illegal marriage. The act of knowingly transport or causes another to transport a minor Utah resident out of Utah to be married. Uh, also does not meet Utah marriage laws, uh, or would be transports or causes the minor to be transported back to Utah after the marriage. The last one is traveling out of state to marry a minor. If the actor's 18, a Utah resident knowingly travels out of Utah to marry a minor, um, marries the minor and if the marriage is not valid according to Utah laws and they come back to Utah. So the three that already exist, I'm not changing the laws for Utah marriage, I'm just adding really the transporting or traveling to, um, go around Utah laws to protect minors in Utah. So it already is a law to fraudulently act as a parent or guardian for a minor's marriage. Unlawfully sodomizing a marriage of a minor or having a parent or guardian unlawfully consent to allowing a legal marriage. Those three already exist in our code. So part of the handout, this is already what is in law. So I'm not changing any of these things, but what I would like to, to share is the reason why this would have a big impact on Utah. Um, there's some statistics here that you can read about human tra trafficking or underage enforced marriage, um, across the world, uh, and the problem. And in our country also trafficking in Utah is really the data that I'm looking at, which is why this is really important. Since 2022, there have been between seven and 12 prosecution cases annually that involve child victims of human trafficking. There's national data that the average age is 15, and of the children that were enticed online, when you're talking about online predators, um, that has increased so much in our digital age. Um, a third of those children that were recovered were recovered from a different state from which they currently, uh, went where they were, uh, went missing. Um, so looking at really important statistics, um, there is this global estimates of modern slavery, but human trafficking investigations in Utah, just in a three year period, are these right here. The sex offenses of human trafficking investigation arrests and charges human trafficking and prosecution cases involving child victims. One is too many, and we haven't had one for a long, long time. It's been a lot more than that. So if you also look at our statistics of the survivors of trafficking, we, we have, uh, 19 too many and 73, too many of adults, and here's some of the reporting. Um, and so here's also a table from just 2024 of the number of children that went missing in their age. So also looking at, uh, missing children in Utah and the surrounding states. We are counted in all of these numbers, um, just in a one year period in 2024, and they take them outta the state through, uh, multiple different transportation means. So I think this is really important for, uh, Utah, and really important because we have, and I've stopped sharing my screen. We, um, we have in this committee in particular, have spent quite a bit of time, uh, making sure that, uh, drug trafficking, human trafficking, sex trafficking are priorities for us to, uh, eliminate prosecute within our state. And so this is just one more tool for, uh, protecting our children, um, from those within our state, those that of our state. And it happens within multiple different, uh, means. I think there's no surprise that, uh, uh, in working with the ags office and seeing their prosecutions and their investigations, how, uh, more prevalent, how much more prevalent it is that there are, um, predators enticing our minors, uh, in this way. And so I have a great expert here from the Department of Public Safety, the Chief Investigative Officer, um, Tanner Jensen, will you introduce yourself and then talk about this legislation?

  5. Tanner Jensen, Chief Investigator, Department of Public Safety1:43:03

     Absolutely. Thank you, representative. And thank you, uh, chairman and committee members. My name's Tan Jensen. I'm Chief Investigator for the Department of Public Safety, and I am here today to, uh, express the Department of Public Safety Support in this bill. We think it's a good bill. Uh, we think it's a common sense Bill. Um, and, and we're excited about, um, some of the opportunities to close the loopholes that we are seeing in our current laws that individuals are using to, to exploit, um, some of our, uh, children. Um, this, this activity we know occurs in the state of Utah. We, we recently, in December of 2024, uh, had an individual that was indicted and charged and sentenced, uh, for doing just this, um, 10 children, 10 minors. Uh, this individual had crossed various straight state lines, uh, to participate in marriages. Some of those marriages were with individuals, uh, the age of nine. Um, that individual was, as I mentioned, charged, sentenced, uh, for these crimes 50 years federally. Um, those crimes were federal crimes that were, uh, child abuse, um, fleeing, uh, using, um, uh, child, uh, innocent images. Um, but none of those were crimes that, uh, surrounded the, the use of the marriage license, which we believe was a vehicle, uh, that was used to, to exploit these children. And so we know that happens here. And, um, and it's a loophole that individuals use. Um, this bill, bill house Bill 1 0 3 certainly codifies some of the important, um, tools. Law enforcement needs to identify these patterns early and stop them before they escalate to the level of tragedy. Um, just to highlight a few things with the bill that we find are important. This bill stops the marriage tourism that we see. Predators often take minors across state lines to exploit more lenient marriage laws, uh, elsewhere. Other, other surrounding states don't have the same laws that we have here. And we found that, uh, individuals in Utah will use that to their advantage. Currently, our reach stops at the border. So if those individuals cross the border, conduct those marriages and come back, um, those, those marriages can be considered lawful. This bill creates a new, uh, new felonies for transporting a resident minor out of state for an illegal marriage. Uh, another thing it does is it creates a very bright line, uh, and rules out the state, uh, out of state marriages in the field. Officers need clarity to protect children immediately. Uh, this bill explicitly states that out-of-state marriages involving a minor are invalid in Utah unless they meet strict criteria. This makes it easier for officers, uh, if they encounter this type of activity to quickly understand that it's not legal, um, and take investigative steps to, to stop the behavior. Another thing that this bill does is really important is it holds the whole ecosystem accountable that's participating in this, uh, activity. So not just the individual that is, uh, conducting the, uh, that is being married, uh, with the minor, but also, uh, could include the, the family members that approve of it, and even the individual, uh, that conducts that marriage. All of those could be, um, criminally charged for this. And then fourth, one of the important things it does is it, uh, extends the statute of limitations. Uh, this recogni it recognizing that victims of child marriage often cannot report their child abuse until they're older. And so the bill sets a 15 year statute of limitations that begins only after the victim turns 18. So that allows the victim up to the age of 33 to be able to report that crime. Uh, with that being said, we do, uh, as I mentioned, department of Public Safety supports this, this bill. Thank you. Um, just in some, uh, it has been a privilege to work with so many in our Department of Public Safety, the ags office investigators, uh, and SWAP supports this. So I, uh, I know that this will make a difference, um, in Utah. Thanks. That conclude. Your presentation Concludes my presentation.

  6. Committee chair1:47:31

     All right. We'll turn to the committee for clarifying questions.

  7. Unknown committee member1:47:33speaker not certain

     I have one that may be tangentially related. Uh, so we, we see outside of the marriage statute, we see this kind of thing happening all the time, right? Like, there's all sorts of different things that are legal in Colorado and Washington and California and Oregon that aren't legal here. Um, is a blanket statute, like what, what is this current statute on those crimes? Like, what's unique about the marriage statute that we should, you know, head down this road for this one in particular, versus any number of the other things I could cite about those other states?

  8. Tanner Jensen, Chief Investigator, Department of Public Safety1:48:12speaker not certain

     I, I would say my initial reaction is, um, it is policy across state lines that if you're married in other states, all the states have to recognize it.

  9. Unknown committee member1:48:21speaker not certain

     Okay. But with this in particular, these are Utah residential children.

  10. Rep. Melissa G. Ballard1:48:27

      Sure. So that's the difference that we are protecting Utah children from those who are deliberately going around our laws, um, to take advantage of them. So that's the difference.

  11. Unknown committee member1:48:40speaker not certain

      I'm not arguing against the bill. I, I'm just thinking about, you know, our transgender minor surgery pause that California and Colorado, et cetera. They all pass things that say it's a sanctuary state for those. You take a Utah kid there, some of 'em will even pay for the surgery, and we don't get to have a say. So I'm not sure when we go to war against California, I don't really want to. Right. But, uh, what does that look like right now under the statute if somebody knowingly violates? I mean, there's, that's just one example that's, you know, come up a lot recently, but somebody were to take a child to another state for X, Y, Z that might be legal there. What, what recourse do parents, what recourse do we have now?

  12. Rep. Melissa G. Ballard1:49:26speaker not certain

      Those are, those are really important questions. I would say this doesn't focus on every single aspect of crime. I know. I mostly looking at Tanner. It's a good question. Yes.

  13. Tanner Jensen, Chief Investigator, Department of Public Safety1:49:34

      Okay. Tanner, Thank you. Uh, chairman, I, I'm not sure of any law that would prohibit, um, that type of activity, but this, uh, this bill definitely highlights, um, the opportunity to move some of the, uh, child abuse laws forward with making sure, as representative stated, that it, um, protects Utah, Utah citizens.

  14. Committee chair1:49:59

      Thank you. Um, Representative Shepherd. Go ahead.

  15. Rep. Lisa Shepherd1:50:01

      Thank you, Mr. Chair. So I didn't see that this addresses any type of online marriages that are happening in Utah County for international marriages.

  16. Rep. Melissa G. Ballard1:50:12speaker not certain

      It doesn't, does it? No. This is, this is strictly Utah residents, uh, that are children. Right. So if they're international laws, that's, this is just Utah citizens that are, that are minors.

  17. Rep. Lisa Shepherd1:50:23

      Okay. So it could be possible that some of those children could be children from Utah. I'm just wondering if we've taken a look at that.

  18. Rep. Melissa G. Ballard1:50:32speaker not certain

      Yeah. The, the way I've looked at the bill, I think that would still pertain, um, to an online marriage if it does involve a Utah citizen. That is a minor.

  19. Committee chair1:50:42

      Thank you. Thanks, representative. I don't see any further questions from the committee. Is there anyone here from the public to speak to this one? Thank you. Okay. You're out. Tenor. Did you dis arrange a marriage? No, I'm just kidding. Go ahead. Go ahead.

  20. Stewart Young, Criminal Deputy Attorney General, Attorney General's Office1:51:08

      Uh, thank you members of the committee. My name is Stuart Young. I'm the Criminal Deputy Attorney General at the office of the Utah Attorney General's Office. Uh, we have worked, uh, quite a bit with, uh, Representative Ballard on this. We think it's, uh, in a very good place. Uh, one of the things that we were looking at was kind of potential constitutional challenges. Uh, we had our appellate people look at it, and, uh, we've come to a, we've come to a very good place there where we think, uh, this, this, this bill would, uh, potentially, uh, be able to thwart any, uh, potential constitutional challenges and so forth. We think Ed also as a constant, as a, uh, from a public policy perspective, uh, this is a, uh, good step in the right, in the right direction, uh, in terms of ensuring that our, uh, most vulnerable, uh, won't be, uh, exploited through the marriage loophole that, uh, the representative, uh, has already talked about. Unless there's further questions I'm happy to submit on that might introduce What office you're from. Oh, I, I think I said the office of, uh, uh, the Attorney General Miah Mack back on it.

  21. Committee chair1:52:20

      How old were you when you got married, Stu?

  22. Stewart Young, Criminal Deputy Attorney General, Attorney General's Office1:52:23speaker not certain

      Uh, I was, uh, I was 29.

  23. Committee chair1:52:26

      Okay, good. We're good. Okay. So, all right. Just making sure. All right. As Carl, you come up.

  24. Carl Hollan, SWAP1:52:38

      Thank you, Mr. Chair, members of the committee, Carl Holland, executive Director of the Statewide Association of Prosecutors. We want to thank the sponsor of this bill. This is an important legislation. It's gonna keep our children safe. Uh, I do think I have some thoughts and input that might help, uh, the chair understand maybe why this is a good starting place to address child exploitation. And the way that that interacts with the way things happen in other states. This is a bill where the act of marriage facilitates crimes that are continuing to happen within the state of Utah. So if you take a child outta the state of Utah, and you perform a marriage and you bring them back in to Utah, they're committing sexual offenses against that child that are legitimized by what happened in another state. The other thing that I think it does is when you have a child who's been victimized and there is a marriage that's performed in another state, that child is then silenced from testifying against their abuser under spousal privilege. And so this is gonna protect our children from being silenced and being further victimized within our state. However, uh, we, we agree with the sponsor that these are important things that we should look at as our communities. Our world gets smaller. How can we continue to move the ball forward to protect children? We're confident that a good sponsor in this committee will be supportive in those efforts in creating good policy to protect our children.

  25. Committee chair1:54:05

      Is there anyone else to speak to this one?

  26. Dan Strong, CCJJ1:54:13

      Dan Strong here on behalf of CCJJ this time? Uh, CCJ discussed this bill at its meeting this week and voted unanimously to support it for many of the reasons that have already been stated. So thank you.

  27. Committee chair1:54:22

      Thanks, Dan. Thanks. Has Tom got a frog in his throat, or what's the deal? Go ahead. Yeah.

  28. Lisa Midgley1:54:32

      Hi, I'm Lisa Midgley. I'm a constituent of actually, uh, Representative Ballard, and I actually am okay with this bill. I'm just flabbergasted at this committee who didn't care about kids' rights in the last bill, but due in this one, like you didn't, you care more about your own personal rights as a parent than your children and caring about firearms being locked up and not, and that's affecting you. But you, I'm just so perplexed right now. I don't know what to say. I was not planning to say anything today. I just am flabbergasted at when you choose to take care of kids and when you choose not to. Like, sorry. I, that's all I have to say. I'm just flabbergasted with this committee.

  29. Committee chair1:55:16

      I'm, I, so, generally speaking, we don't allow people to in PN like what, you know, claim what others care about or not. And I'm sure that there will be many that would be willing to talk to you about that after, but we've Sure. That particular bill we've heard three years in a row, so I maybe just might be good to go back and listen to all of those if you wanna hear more of what the committee thinks. Thank you. Okay. Nobody on line. Okay. We'll put that we'll return to the committee for discussion or action.

  30. Committee chair1:55:52

      Representative Shepherd, go ahead.

  31. Rep. Lisa Shepherd1:55:54

      Thank you. I move that we favorably recommend House Bill 1 0 3 under age marriage amendments favorably.

  32. Committee chair1:56:03

      That's in order. Would you like to speak to it?

  33. Rep. Lisa Shepherd1:56:05

      I'll waive. Okay. Any discussion to the motion?

  34. Committee chair1:56:12

      Okay. Saying none to the sponsor.

  35. Unknown speaker1:56:15speaker not certain

      Waive. Waive. I'll waive your summation as well. Okay. All right.

  36. Committee chair1:56:22

      With that, I'll go ahead and place the motion. All those in favor of passing out HB 1 0 3 with a favorable recommendation, say aye. Aye. Aye. Aye. Any opposed? Say nay. Okay. It's done. Thank you, representative. Okay. Next item on the agenda.

• Feb 3, 2026 House floor debate▶ Watch
  Transcript (11 turns)

  1. Speaker (presiding)17:14

     House Bill 1 0 3, underage marriage amendments by Representative Ballard. This bill was heard in law enforcement and criminal justice at the vote of 8 0 3. Representative Ballard.

  2. Rep. Melissa G. Ballard17:24

     Thank you Mr. Speaker. Um, underage marriage amendments does not change the law of what it takes to be married if you are a minor, which is you need to be 16 or 17 years old to and have parents' permission go before a judge to get that permission. Under age 16 is not allowed. It does not, um, add six new things. It adds three, uh, but three things that are moved over from a different part of code is fraudulently acting as a parent or a guardian of a minor for a minor's marriage. Unlawfully solemn a marriage of a minor or a parent or guardian unlawfully, consenting or allowing an illegal marriage. So that is just moved over from a different part of code in this criminal, uh, section. What this bill does is adds three offenses to the same level, which is a third degree felony as the previous, uh, uh, things that I just mentioned. If it is unlawful to marry a minor, it is unlawful to transport a Mitre out of state for an illegal marriage. And it is also unlawful to travel outside of a, uh, of the state to marry a minor. So speaker, one of the challenges we have in today's day and age is we have a lot of social media that is engaging our youth in many different capacities. And we have a lot of internet crimes against children. In fact, the prosecutions in, in 2024 were only 71. Last year was 179, uh, prosecuted cases for those committing crimes against our children. Um, whether it's sexual trafficking or human trafficking or other types of abuse that have to do with the internet. And there's 130 agents right now all across Utah trying to protect our minors against these perpetrators. Also, uh, there have been seven to 12 prosecuting prosecution cases every year since 2022 that involve child victims of human trafficking in Utah. The average age is 15. And, uh, so I just wanna commend our department of public safety and our private investigators for looking at this. This is just one more tool for them as, uh, those who are taking our minors out of state just to avoid our laws, um, and bringing them back or from another state, literally coming to, uh, to our, taking our minors, um, out of state just to be married in a different state that may allow younger marriages. So this is really, uh, to protect our minors. Doesn't change the law of what it takes to be married if you are a minor. Um, and also appreciate the body the, just a couple years ago that also prohibited a minor to marry someone who was older than four years of difference in their age. So with that Mr. Speaker, I, uh, appreciate again the work of our Department of Public Safety and investigators of being able to help bring this forward.

  3. Speaker (presiding)20:36

     Thank you Representative Ballard. Before we go to discussion on the bill, there's a substitute, first substitute online. Uh, is that what you're Speaking to? I'm calling a friend. Thank you. Uh, Representative Clancy.

  4. Rep. Clancy20:49

     Thank you Mr. Speaker. Motion to substitute

  5. Speaker (presiding)20:52

     That motion is in order. Would you like to speak to it?

  6. Rep. Clancy20:54

     We'd like to, we'd like to adopt the first substitute for HB 1 0 3.

  7. Speaker (presiding)20:59

     Thank you Representative Representative Ballard on the motion to adopt. First substitute HB 1 0 3.

  8. Rep. Melissa G. Ballard21:04

     Yes. It actually is something that the drafters forgot to include. Just a technical, um, change that doesn't affect the, the language of the bill.

  9. Speaker (presiding)21:13

     Thank you Representative Ballard. Discussion to the motion to adopt. First substitute HB 1 0 3 C none. Back to Representative Clancy for summation. I'll waive. Thank you Mr. Mayor. Summation has been waived. We'll go ahead and place the motion, the motion before us the house adopt first substitute, uh, under, under Representative Ballard's name on HB 1 0 3. All in favor say aye. Aye. Any opposed? Roll. That motion passes. The bill has been substituted before the body. Let's go to discussion to the bill. No discussion. Representative Ballard, back to you for summation.

  10. Rep. Melissa G. Ballard21:53

      Thank you Mr. Speaker. I, I, uh, know that our children, uh, across the state appreciate what we can do to help protect them, and this is an important tool for our prosecutors and our ags office to do so.

  11. Speaker (presiding)22:05

      Thank you. Representative Ballard Voting will now be open on first substitute HB 1 0 3 Back there. Would you like to vote? Seeing all present hadn't voted. Voting, he is now closed. First substitute HB 1 0 3 passes this body with 69 yes votes, zero, no votes and will be sent to the Senate for its consideration. Representative Koford,

• Feb 3, 2026 House floor debate▶ Watch
  Transcript (10 turns)

  1. Unknown speaker21:12speaker not certain

     the language of the bill.

  2. Speaker (presiding)21:13

     Thank you Representative Ballard. Discussion to the motion to adopt. First substitute HB 1 0 3 C none.

  3. Speaker (presiding)21:22

     Back to Representative Clancy for summation. I'll waive.

  4. Unknown speaker21:24speaker not certain

     Thank you Mr. Mayor. Summation has been waived.

  5. Speaker (presiding)21:25

     We'll go ahead and place the motion, the motion before us the house adopt first substitute, uh, under, under Representative Ballard's name on HB 1 0 3. All in favor say aye. Aye. Any opposed? Roll. That motion passes. The bill has been substituted before the body. Let's go to discussion to the bill.

  6. Speaker (presiding)21:50

     No discussion. Representative Ballard, back to you for summation.

  7. Rep. Melissa G. Ballard21:53

     Thank you Mr. Speaker. I, I, uh, know that our children, uh, across the state appreciate what we can do to help protect them, and this is an important tool for our prosecutors and our ags office to do so.

  8. Speaker (presiding)22:05

     Thank you. Representative Ballard Voting will now be open on first substitute HB 1 0 3

  9. Unknown speaker22:28speaker not certain

     Back there. Would you like to vote? Seeing all present hadn't voted. Voting, he is now closed.

  10. Speaker (presiding)22:59

      First substitute HB 1 0 3 passes this body with 69 yes votes, zero, no votes and will be sent to the Senate for its consideration. Representative Koford,

• Feb 24, 2026 Senate Judiciary, Law Enforcement, and Criminal Justice Committee▶ Watch
  Transcript (23 turns)

  1. Committee chair2:45:51

     Thank you, Representative Ballard. Thanks for your patience. HB 1 0 1 0 3 for substitute underage marriage amendments, the Time's yours representative.

  2. Rep. Melissa G. Ballard2:46:05

     Yes. Thank you so much. I appreciate the committee. I'm just listening to my other ear for a vote, but I don't think it's gonna come up for a minute. Um, this came about because, um, internet crimes against children prosecutions have gone up substantially. Um, they averaged 64, um, prosecutions to 85 over the last five years, but last year was 179 prosecutions. So underage marriage amendments. I'm gonna have Taylor, uh, put the, my documents up on the screen, or I could see if I could plug this in. I can do that too. See if I can share my screen here. So there is a document online associated with this bill and, uh, I, I think it's helpful to see the document. Um, it has three brand new offenses and three offenses that already exist that they are moving from another, um, part of code over to here. So that's why I, I think it's helpful to know which one is which. Um, in this, let's see, it's waiting. Can you see it Sharing on that? This one? Yeah. I don't know why it's, Well, I'm gonna have you go online since I don't see this, and maybe you can see if you can pull it up. Um, sorry about that. Um, but there are three parts of code that are being moved over. So what exists right now as far as a minor getting married, um, and what is legal and what is not, it is not legal for any minor under 15 years of age and under to get married. If you're 16 or 17, you need to go before a court with your guardian and have permission from the both guardians. And also, um, that this is not a forced marriage for the judge to be able to see. It also is against the law. Um, it and is a third degree felony if you unlawfully solemnized a marriage of a minor. Um, and also it is fraudulent if you are, uh, acting as a parent or guardian for someone and you are not. And it's also a third degree felony if you are a parent or guardian unlawfully consenting to the marriage. So that is what exists in code. The three new things, uh, that are added, uh, into code, again, they're all third degree felonies, uh, as currently exist, as well as the new ones I'm we're putting up here. Um, number one is it's actually now unlawful to marry a minor that was in our code, but without a penalty. The second thing is transporting a minor out of state for an illegal marriage. And I think that's where some of the online predators have come into place. Um, the third one is traveling out of state to marry a minor. Um, and so that means you're, you're taking, uh, you're either caring, taking someone else, um, a minor out of state for someone else to marry them or for you to marry them. It's the, it would be the same under this. So why is this important? Um, human trafficking is, has increased and especially as I mentioned, with online predators, um, and especially for children. And I think that's what's so important about this bill and how it protects, um, our children. On the, uh, online handout that's there, there is, uh, statistics about human trafficking across the country, but it's also, there's graph two on the second page that is human trafficking investigations, arrests and charges and prosecutions just over a three year period, um, in Utah, um, showing that there are seven prosecutions involving child victims just in 2024 and 12 and 2023. And some of them are sex offenses and human trafficking investigations as well. Um, on the next page, there is, um, Utah statistics for adult and minor victims and survivors of trafficking as many as 73 adults. And, uh, between 19 and 23, um, minors that we have had the survivors. So there's national STA statistics, um, of that, and also children missing. Um, the next page also shows where Utah compares with other states. So it is a chronic problem, um, and it also shows how they take them out of state. So with that, I just want to, um, I I do have, um, a, a great witness here. Great. Come on up. I'm gonna have you introduce yourself and just a, a short, um, summary as to why, um, the Attorney General's office has seen that this is needed in our code.

  3. Carl Holland, Statewide Association of Prosecutors2:51:34

     Thank you representative. My name is Carl Holland, executive Director of Statewide Association of Prosecutors. I do not represent the Attorney General's office, but the attorney general's office is in disposal. That's fine. Um, statewide Association of of prosecutors has taken an independent look at this. I know the Attorney General's office has taken a lot of work to assist, uh, in the research of this important issue. We support the bill. This is an important one that makes sure that our children are not being removed from our jurisdiction to attempt to solem a fraud marriage that can be used to exploit them in the future. We think this is going to be a good protection for children. Um, I know the Attorney General's office supports it and swap supports it as well. Thank you so much. So, um, with that, that concludes my presentation, and again, the summary on the first page shows which three, um, uh, penalties are just brought over to this part of code. And then which three are, are new, but all of them are, are put on a third degree felony status. That concludes my presentation.

  4. Committee chair2:52:36

     Okay, thank you. Any questions? Oh, I apologize. That concludes that's what you said. I'm starting to lose it. So any, any questions from the committee?

  5. Unknown speaker2:52:45speaker not certain

     I have a question. So, um, I'm just looking at, my eyes are always drawn to the penalties because we seem to do that a lot up here. Um, and so it's a third degree felony. It is, is that right? Yeah, third degree. What? So what if a 18-year-old marries a 17-year-old third degree felony? That seems a bit steep for, for that. Um, Utah law says that if they go before a judge, their parents consent and they cannot be more than four years in difference in age. So if that was the case, they would be fine. So I'm not changing what it takes right now to be married in Utah. I'm not changing any laws of how of of what it takes for minor to be married. I'm addressing those who, who deliberately skirt Utah laws either by fraudulently being a guardian or pretending to be or taking them outta state. So I'm not changing the, the parameters by which you can be married if you are a minor. Okay. So just so I'm clear, if I'm an 18-year-old kid and I'm dating a 17-year-old girl and I live in St. George, I run outta Vegas and get married and I come back, am I, am I gonna get a third degree felony?

  6. Unknown speaker2:53:53speaker not certain

     That's the question. I think it's a fair question, Mr. Chair. It is a fair question to answer that question. Under the current law, um, there are penalties for unlawful, uh, marrying a minor, uh, and in Utah you're going to have to get a marriage certificate. Now, I think that the marriage certificate in this case would be issued by Nevada, uh, in determining whether or not that was lawfully done is a question of Nevada law as I read this code, this doesn't say that if the process in the state that they're married in is lawful, then we have somehow we can somehow prosecute That year. Okay, lemme change it. What if they get married in St. George? So if you get married in St. George, we'll go with if this bill doesn't pass. Currently, if you're 18 and you wanna marry a 17-year-old, let's Say it does pass. Okay. Let's say it does pass. Okay. Either way, either way, you have to get the 17 year old's parents to sign basically permission slip if it passes or if it doesn't pass. This bill will not change that if they Don't get the per permission slip. Yes, that's what I'm getting at. If they don't give the permission slip under the current law, it says that it is illegal and it is, but It's not a third degree felony. It's in it's, it Is. Well, no, that's not correct actually. So currently it's not a felony for you to marry, but it would be illegal for the person who solemnized the marriage, which is a sort of an absurd result, right? Yeah. The priest or the bishop or the judge who solemnized it would be guilty of a third degree felony you would not for, for participating in the marriage. I think I know where you're going. I think there may need some adjustment that I think I'm all right. I think there may need to be an adjustment to try to mirror what's in, in, in code as far as that four year. I, I just don't think a, an 18 year or 17-year-old to get married, uh, he ought to be in a position where he has a felony potentially hanging over his head, um, or her for that matter. I would agree. I suppose,

  7. Rep. Melissa G. Ballard2:55:44

     Uh, let me, let me maybe clarify because we, we don't have the investigator here from Utah, but what they, what they requested that's in the attorney general's office and what is in this bill? So if you look at the very first page, the first three things that are new is if you unlawfully marry a minor, we talked about what those provisions are, if you transport a minor out of state for an illegal marriage. And so that is really what you just said about going to Vegas and then coming back if you are a Utah resident and, um, you are transported by someone else to deliberately go, um, contrary to our laws, because then if you are a Utah resident, this is what you're required to do. So this is, and and also if you either take someone out of state to deliberately do that or, or, um, to skirt our laws, I will say that there are a lot of problems with this, which is why in working, I, I apologize for the attorney general, um, not, uh, their office not being here because they're the ones that helped really put this together, um, as to what they are seeing and what the prosecutions are, which is also why I mentioned the, the increase of, um, prosecutions they have had of crimes against children in this space as well. So, um, there could be a a a time that, that for anyone who was at least 18 years old and is deliberately screwing our laws, taking them to Vegas and coming back, well then that would be part of this penalty.

  8. Committee chair2:57:24

     Okay, Senator? Oh, I don't, where are we at? We're still on questions. Senator Escamilla. Go ahead.

  9. Sen. Luz Escamilla2:57:30

     Um, thank you Mr. Chair and I, because that was, I was the Senate sponsor on that bill when we put the age brackets years ago, like maybe 10 years ago. So, just to be clear, is whoever is actually marrying this person's, if they're not following the current statute, now they have a penalty, correct? Yes. Because the, the law already says who can get married, who can't. And, and what it will take to have minors get married will take parents and, um, the, whoever, you know, the judge to say it's okay, but the only just to be clear is if, what is a threshold? I mean, to meet intention for removing the minor out of the state for the purpose of marrying them. I mean, do you have to prove that they, I mean, because maybe in Nevada's legal, but not in Utah, right? So is it, when will we know in Utah that something happened like that? Would it be in a, after a, you know, a criminal, some, a crime gets committed and this gets to be known? Or is it me as a parent? So they took my 16-year-old to Nevada. Right. And now I'm, I'm without, you know, of my minor child, an adult took her, I mean, that's kidnapping just to begin with. But I mean, so is is it, I mean, is that what you're envisioning? Like at that point it triggers also this, this whole process? 'cause and I don't know Nevada laws, I mean, we're here throwing Nevada under the bus. I have no clue what their laws are related, related to age. But I mean, is that the vi the vision, like we can use this as a tool? Yes. And I will say that there is a caveat that says that they knowingly did this to subvert our laws. So if it was to kids thinking we're in love and let's just go have fun and let's come back, right? They would have to still come before a, a court and say, either we really didn't know, or, and we, and we both really want this marriage. I dunno, whatever, however it's gonna work out. Mm-hmm. But there's a lot that this is really for the bad actors and to make sure that that minor is actually consenting to what just happened. That's a big part of what this is. So knowingly traveling them, taking them out of the state is really what this is about. Okay. Thank you. Thank you, Mr. Chair.

  10. Committee chair2:59:46

      Uh, any other clarify questions? I don't see any, is anybody from the public would like to speak to this? Come on up. Come up. Oh, heavens

  11. Marise Jones, Victim Services Commission2:59:59

      Marise Jones. I'm the director of the Victim Services Commission and we are in support of this bill. We appreciate the elevated, uh, level of protection for our young teenagers and, and keeping them safer. So we're in support of it. And appreciate Representative Ballard bringing this forward. Thank you. Thank you

  12. Dan Strong, CCJJ3:00:19

      Dan Strong with C-C-J-J-I. I did check. And it turns out there are no laws in Nevada, so, um, I'm kidding. All right. It's late. It's late. Uh, we also discussed the bill at C-C-J-J-A while back when it was in house committee and appreciate Representative Ballard work on this bill. Um, we did vote to support the bill. Uh, the third degree felony penalty existed previously for, uh, sodomizing the marriage or the parents or guardian, uh, knowingly consenting to enter a an illegal marriage. And so this seemed to just, to kinda expand it to the next perhaps logical person, the person who's, um, unlawfully marrying that minor and then penalized it at the same level. So that's, that was the content of our discussion. Thank you.

  13. Committee chair3:01:05

      Okay. We're gonna go online. Uh, Felix Espinoza. Um, if you could quickly turn your mic on, make sure, yeah. Go ahead and introduce yourself. State your name, who you represent, where you're from, chair

  14. Felix Espinoza, Utah for Rational Sex Offense Laws3:01:19

      Yes. Uh, chair members of the committee. My name is Felix Espinoza, and I am here on behalf of Utah for rational sex fence laws and strong support of HB 1 0 3, uh, chiming in from Davis County. Um, child marriage is not a relic of the past. It is happening here in Utah right now. Uh, research from unchained at last, a survivor led organization dedicated to ending, forced and child marriage found that nearly 315,000 children were legally married across the United States. Between 2020 21, Utah ranks as, uh, number seven in the nation in per capita rates of child marriage with a rate of 3.2 per 1000 children. And that places Utah, among the worst states in the country on this measure. And that should concern everyone in this room, uh, and there in the committee. And the data tells us, uh, who is most affected nationally. 86% of minors who are married or girls, most we to adult men and average of four years or older. Our research has found that tens of thousands of these marriages occurred at ages or within age differences that outside the institution of marriage would have constituted a sex crime. Marriage should never be served, should never serve as a legal shield for the exploitation of children. HB 1 0 3 makes meaningful action. It narrows the legal pathways through which minors can be married, introduces criminal penalties for violations, and establishes critical safeguards against predatory age gaps. And these are not small changes. There are protections that children in Utah do not currently have. And this legislation will make a real effort, uh, and real differences in people's lives. We wanna be transparent about where we stand. U-T-R-S-O-L believes that the strongest protection for children is a complete ban on child marriage. Without exception, 16 states have already achieved this, but we also recognize that HB 1 0 3 represents a meaningful and necessary interim, step one that would immediately reduce harm, hold offenders accountable, and signal clearly that Utah will not tolerate the exploitation of children under any guise. We urge this committee to advance HB 1 0 3, Utah, UT RSOL stands ready to work with this legislative towards even stronger protections for the future. Okay.

  15. Committee chair3:03:28

      Thank you. Thank you.

  16. Seth Stewart3:03:30

      Um, Seth Stewart, that, There we go. Yes. As quick as you can. Yeah. Thank you. 30 Seconds if you can Do it. Um, my, I mean, Seth Stewart, just representing myself. Um, my, I guess maybe main concern with the bill is, um, down on sub one line 2 65, there's a segment that I don't believe we discussed yet that deals with marriages, solemnized in a, in any, any other country, state, or territory. So, um, that would include foreign marriages that would include, uh, potentially immigrants and refugees. And this could retroactively invalidate their marriages. And, um, federal immigration law tends to treat those marriages as valid if they were valid when so solemnized. And there's tension, therefore, between this bill and federal law, unless that's recently changed. So I would just, uh, urge some examination of that. Thank you.

  17. Committee chair3:04:21

      Okay. Thank you. That concludes public comment. We'll come back to the committee for any further clarifying questions and or committee action. I just gotta make sure. Yeah. Oh, um, I'm sorry. We're gonna put a pause just for a moment. We need one more Senator. This, this is what the senate's like. Oh, Okay.

  18. Committee chair3:04:50

      Um, we'll come back to the Committee for committee action. We are on, uh, HB 1 0 3. First substitute in committee action phase. Senator Balderree.

  19. Sen. Scott Sandall3:05:01

      I move that we pass out with a favorable recommendation.

  20. Committee chair3:05:04

      The motion is in order. I'll place the motion is to favorably recommend HB 1 0 3. First substitute under H Marriage Amendments. Would you like to speak to that Senator Baldry?

  21. Sen. Heidi Balderree3:05:13

      Always. And for some, Uh, yeah. Just to clarify, I know this does not affect people, refugees coming into the country, 'cause those would not be Utah residents. Um, as, as, and we would recognize the marriages if they are coming in for the first time. So, yeah, that Does not, I think that was clear for most of us. But thanks for clearing enough, clarifying that for the others.

  22. Sen. Heidi Balderree3:05:32speaker not certain

      Um, uh, coming back to the, uh, oh, let's see. Uh, I'll restate the motion. Motion is to favorably recommend first substitute HB 1 0 3 under each marriage amendments.

  23. Committee chair3:05:41

      All those in favor say aye. Aye. Aye. Any opposed? Hearing none. I rule that. Motion passes unanimously. Thanks, Representative Ballard.

• Mar 2, 2026 Senate floor debate▶ Watch
  Transcript (9 turns)

  1. Rep. Melissa G. Ballard22:35

     Um, it adds a third degree felony if, uh, someone knowingly marries a minor in violation of Utah law or transports a minor out of state to marry them in violation of Utah law law, or transports a minor outta state for someone else to marry in violation of Utah law. And, um, the current law for, for minors to get married is 17 and 16 year olds can get married with juvenile court approval and parent or guardian consent. The courts may only approve if the age difference is not more than four years. Um, judicial review for procedures for approving marriages of minor's, whether it's volunteer or in the minor's best interest. Um, so this, uh, bill passed unanimously in the house Law Enforcement Criminal Justice Committee and it's supported by the Utah Department of Public Safety and the Attorney General Sac and CCJJ. With that, I'll yield to any questions.

  2. President Adams (presiding)23:33

     Thank you for the presentation. Is there a discussion to this house? Bill None. Senator Cullimore back to you for summation or a motion.

  3. Sen. Kirk A. Cullimore23:42

     Thank you. I'll waive summation and move that first substitute house bill 1 0 3. Pass

  4. President Adams (presiding)23:47

     The vote to be read for a third time. Senator Weiler, Uh, Sorry. I moved that first substitute house Bill 1 0 3. Be read for a third time And the question is, shall first substitute house bill 1 0 3? Be read for a third time. Roll call vote.

  5. Clerk (roll call)24:02

     Senator Spery Lewin a Bramer aye. Bus. Aye. Comore Escamilla Aye. Fillmore Aye. Grover Aye. Harper. Aye. Kins Ipson Johnson. Aye. Juab Aye. McKay Mikel Milner Musselman Owens Cher plum Rebe Aye. Sandal Stevenson Stratton Bickers Aye. Weiler Aye. Wilson. Aye. Winterton President Adams

  6. President Adams (presiding)24:59

     First substitute house bill 1 0 3. Having received 28 votes, zero na votes nine being absent will be read for a third time.

  7. President Adams (presiding)25:14

     Thanks. Okay. You're dismissed for a rules committee meeting. Everybody else stay on the floor. So we maintained a quorum, second substitute house bill 2 21. Second Substitute house bill 2 21, coercion amendments. Senator Musselman. Senator Musselman.

  8. Sen. Carmen Musselman25:37

     Motion to circle. Motion to circle.

  9. President Adams (presiding)25:40

     All in favor of the motion to circle, say aye. Aye. All in favor say aye. Aye. Any opposed? I rule that passes. The bill is circled. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. Um, Senator Wilson, I'll take a motion to Sonder for about three minutes till the rules committee meeting Committee gets back so we can have a quorum. A motion to Sonder for two minutes. 50 Seconds. Okay. All in favor of the motion to Sonder, say aye. Aye. Any opposed? I'll rule that. I'll rule that passes. We are sauntering till we get the rules. Committee back

• Mar 3, 2026 Senate floor debate▶ Watch
  Transcript (12 turns)

  1. Sen. Todd Weiler2:00:11

     to knowingly marry a minor, uh, who's underage, uh, in violation of current Utah law, or to transport a minor outta state to get married or to transport a minor, minor outta state for someone else to marry them in violation of Utah law. And, um, with that, I'll yield to any questions. Senator Ipson.

  2. Sen. Don L. Ipson2:00:34

     Thank you Mr. President. I'm wondering if there's a statute of limitations on this bill. Senator Weiler.

  3. Sen. Todd Weiler2:00:40

     Um, there, there isn't, uh, and it's, it's not, it's, it's not intended to be retroactive. If that's the question,

  4. Sen. Don L. Ipson2:00:47speaker not certain

     That's a real relief to me. Thank you. Oh, my head. That's, oh, my Senator Weiler, uh, summation and emotion.

  5. Sen. Todd Weiler2:01:03

     I think if I dare I'll, uh, since I'm speechless, I'll waive my summation and move that first substitute house Bill 1 0 3 pass.

  6. Sen. J. Stuart Adams (presiding)2:01:14

     Thank you. And the question is, shall first substitute House Bill one oh three, pass a roll Call vote.

  7. Senate clerk2:01:18

     Senator Vickers Baldy Lewin Remer Bus Colmore as Camilla Fillmore Aye. Grover Aye. Harper Kins. Ipson Aye. Kwan McKay Mikel Milner Musselman Owens Pitcher Plum Rebi Sandal Stevenson Stratton Vickers. Weiler Aye. Wilson Aye. Winterton Aye.

  8. Sen. J. Stuart Adams (presiding)2:02:08

     President Adams Aye. First substitute house bill 1 0 3. Having received 29 yay votes. Zero. Nay votes zero. Zero being absent passes his body. We be signed by the president. Return to the house for the speaker. Let's go to the second reading calendar now, unless somebody wants to encircle on third. So I'm gonna go to the second reading calendar.

  9. Sen. J. Stuart Adams (presiding)2:02:30

     Senator Pitcher.

  10. Sen. Stephanie Pitcher2:02:32

      Thank you Mr. President. Having voted on the prevailing side, I'd like to motion that we reconsider our actions on Senate bill 1 93. We have a motion to reconsider actions on Senate bill 1 93.

  11. Sen. J. Stuart Adams (presiding)2:02:47

      Do you have discussion of that motion? Say none. I'll place, uh, I be 1 93. Let's get the bill. Uh, state legal holiday amendment. Thank you. Excuse me. All in favor say aye. Aye. Those opposed No Ruled. The motion passes. So I'll place that bill at the top. I'll place that bill, I'm gonna place that bill at the top of the second reading calendar and I'm gonna call it First substitute Senate bill First substitute Senate bill 1 93. First substitute Senate bill 1 93. State Legal Holiday Amendments. Senator Stratton.

  12. Sen. Keven J. Stratton2:03:32

      Senator Stratton. Thank you Mr. President. I would like to move amendment one in my name. That motion's in order.