HB 103 — Underage Marriage Amendments

(2) An actor commits unlawfully {solemnizing a marriage of } marrying a minor if:

{(a) } (a) the actor is 18 years old or older;

(i){(b)} the actor {knowingly, with or without a license, solemnizes the marriage of } marries a minor;

and (ii){(c)} the marriage described in Subsection {(2)(a)(i) } (2)(b) does not meet the requirements described in Section 81-2-304 for the {minor } actor to enter into the marriage{;

or} with the minor.

{(b) {without a written authorization from a juvenile court, the actor solemnizes a marriage to which a party is a minor.} } (3) A violation of Subsection (2) is a third degree felony.

Section 3.

Section 3 is enacted to read:

76-7-106.

{Fraudulently acting as a parent } Parent or guardian {for a minor's } unlawfully consenting or allowing an illegal marriage.

(1) (a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits {fraudulently acting as a } parent or guardian {for a minor's } unlawfully consenting or allowing an illegal marriage if {the actor knowingly} :

(a) {impersonates } the actor is a parent or legal guardian of a minor {to obtain a license for the minor to marry under Section 81-2-304} ;

{or} and (b) {forges the name of a parent } the actor knowingly consents or {legal guardian of a minor on any writing purporting to give consent } allows the minor described in Subsection (2)(a) to enter into a marriage {of a minor under } that does not meet the requirements described in Section 81-2-304.

(3) A violation of Subsection (2) is a third degree felony.

Section 476-7-107 is enacted to read:

76-7-107.76-7-107 .

{Transporting } Unlawfully solemnizing a marriage of a minorminor. {out of state for an illegal marriage} .

(1)(1)(a) - 5 - HB0103 compared with HB0103S01 (a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103.

(2) An actor commits {transporting } unlawfully solemnizing a marriage of a minor {out of state for an illegal marriage } if:

(a)(a)(i) (a){(i)} the actor knowinglyknowingly, {transports} , with or {causes another person to transport, a minor who is } without a {resident of } license, solemnizes the {state out } marriage of {the state for the purpose of the minor being married to any individual} a minor;andminor; {(b) {the marriage described in Subsection (2)(a) is invalid in this state under Subsection 81-2-407(3);

and}and }(ii) (c){(ii)} {after } the marriage described in Subsection {(2)(a), } (2)(a)(i) does not meet the {actor transports, or causes another person to transport, } requirements described in Section 81-2-304 for the minor {back } to enter into the {state.} marriage;

Section 576-7-108 is enacted to read:

76-7-108.76-7-108 .

{Traveling out of state to marry a minor} Fraudulently acting as a parent or guardian for a minor's marriage.

(1)- (a)4 As- usedEnrolled inCopy thisH.B. section, "minor" means the same as that term is defined in Section 76-7-103.

103 (1)(a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103.

(2) An actor commits {traveling out of state to marry a minor if} fraudulently acting as a parent or guardian for a minor's marriage if the actor knowingly:

{(a)(a) {the actor is 18 years old or older;} } (b){(a)} {the actor is } impersonates a {resident } parent or legal guardian of {the state and knowingly travels out of the state } a minor to obtain a license for the {purposeminor of marrying a } minor{;} to marry under Section 81-2-304;

or {(c)(b) {theforges actorthe marriesname of a minor;}parent }or {(d)legal {theguardian marriageof describeda inminor Subsectionon (2)(c)any iswriting invalidpurporting into thisgive stateconsent to a marriage of a minor under SubsectionSection 81-2-407(3);81-2-304.

and} } - 6 - HB0103 compared with HB0103S01 {(e) {after the marriage described in Subsection (2)(c), the actor transports, or causes another person to transport, the minor into the state.} } (b) forges the name of a parent or legal guardian of a minor on any writing purporting to give consent to a marriage of a minor under Section 81-2-304.

Section 676-7-109 is enacted to read:

76-7-109.76-7-109 .

(1)(1)(a) (a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103.

Section 776-7-110 is enacted to read:

76-7-110.76-7-110 .

(1)(1)(a) (a) As used in this section, "minor" means the same as that term is defined in Section 76-7-103.

(d)- the5 marriage- describedH.B. in Subsection (2)(c) is invalid in this state under Subsection 81-2-407(3);

103 Enrolled Copy (d) the marriage described in Subsection (2)(c) is invalid in this state under Subsection 81-2-407(3);

- 7 - HB0103 compared with HB0103S01 Section 8.

81-2-304.81-2-304 .

(1)(1)(a) (a) If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor's parent or legal guardian given in person to the clerk, except that:

(C)- a6 certified- adoptionEnrolled decreeCopy withH.B. the name of the minor and the parent;

103 (C) a certified adoption decree with the name of the minor and the parent;

- 8 - HB0103 compared with HB0103S01 (A) an expired or current passport;

(2)(2)(a) (a) The minor and the parent or legal guardian of the minor shall obtain a written authorization to marry from:

(d)- The7 judge- orH.B. court commissioner may require:

103 Enrolled Copy (d) The judge or court commissioner may require:

and - 9 - HB0103 compared with HB0103S01 (ii) any other conditions that the court deems reasonable under the circumstances.

(3)(3)(a) (a) The determination required in Subsection (2) shall be made on the record.

[(4)[(4)(a) (a) A parent or legal guardian who knowingly consents or allows a minor to enter into a marriage prohibited by law is guilty of a third degree felony.] [(b) An individual is guilty of a third degree felony if the individual:] [(i) knowingly, with or without a license, solemnizes the marriage of an individual who is younger than 18 years old and the marriage is prohibited by law;] [(ii) without a written authorization from the juvenile court, solemnizes a marriage to which a party is a minor;] [(iii) impersonates a parent or legal guardian of a minor to obtain a license for the minor to marry;

81-2-407.81-2-407 .

[(1)] (a) the marriage would be prohibited and declared void in this state under Subsection 81-2-403(1)81-2-403(1)(a); (a);

- 10 - HB0103 compared with HB0103S01 (3) Notwithstanding Subsection (2), a marriage solemnized in any other country, state, or territory,- in8 which- atEnrolled leastCopy oneH.B. of the parties of the marriage was a minor at the time of the marriage solemnization, is invalid in this state unless:

103 territory, in which at least one of the parties of the marriage was a minor at the time of the marriage solemnization, is invalid in this state unless:

Effective date.

1-26-26 4:18 PM - 119 -