(1) As used in this section: (a) "Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses. (b) "Sexual offense" does not include: (i) enticing a minor, as described in Section 76-5-417 ; (ii) sexual battery, as described in Section 76-5-418 ; (iii) lewdness, as described in Section 76-5-419 ; or (iv) lewdness involving a child, as described in Section 76-5-420 . (2) A person convicted of a sexual offense is subject to an enhanced penalty if at the time of the sexual offense the person was infected with human immunodeficiency virus, acquired immunodeficiency virus, hepatitis B, or hepatitis C and the person knew of the infection. (3) (a) Except as provided in Subsection (3)(b), the enhancement of a penalty described in Subsection (2) shall be an enhancement of one classification higher than the root offense for which the person was convicted. (b) A felony of the first degree is not enhanced under this section.
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