Utah Code 76-5-401.1. Sexual abuse of a minor — Penalties — Limitations
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 76-5-401.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
(1)(a) As used in this section:
(1)(a)(i) “Indecent liberties” means:
(1)(a)(i)(A) the actor touching another individual’s genitals, anus, buttocks, pubic area, or female breast;
(1)(a)(i)(B) causing any part of an individual’s body to touch the actor’s or another’s genitals, pubic area, anus, buttocks, or female breast;
(1)(a)(i)(C) simulating or pretending to engage in sexual intercourse with another individual, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
(1)(a)(i)(D) causing an individual to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.
(1)(a)(ii) “Minor” means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection (2) occurred.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a minor if the actor:
(2)(a)(i) is four years or more older than the minor; and
(2)(a)(ii) with the intent to cause substantial emotional or bodily pain to any individual, or with the intent to arouse or gratify the sexual desire of any individual:
(2)(a)(ii)(A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
(2)(a)(ii)(B) touches the breast of a female minor; or
(2)(a)(ii)(C) otherwise takes indecent liberties with the minor.
(2)(b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3) A violation of Subsection (2)(a) is:
(3)(a) a class A misdemeanor; and
(3)(b) not subject to registration under Subsection 77-41-102 (19)(a)(viii) on a first offense if the offender was younger than 21 years old at the time of the offense.
(4) The offenses referred to in Subsection (2)(a) are:
(4)(a) unlawful sexual activity with a minor, in violation of Section 76-5-401 ;
(4)(b) rape, in violation of Section 76-5-402 ;
(4)(c) object rape, in violation of Section 76-5-402.2 ;
(4)(d) forcible sodomy, in violation of Section 76-5-403 ;
(4)(e) aggravated sexual assault, in violation of Section 76-5-405 ; or
(4)(f) an attempt to commit an offense listed in Subsections (4)(a) through (e).