Utah Code 76-5-404.1. Sexual abuse of a child — Penalties — Limitations
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(1)
Terms Used In Utah Code 76-5-404.1
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. 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) “Adult” means an individual 18 years old or older.
(1)(a)(ii) “Child” means an individual younger than 14 years old.
(1)(a)(iii) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1 .
(1)(a)(iv) “Position of special trust” means:
(1)(a)(iv)(A) an adoptive parent;
(1)(a)(iv)(B) an athletic manager who is an adult;
(1)(a)(iv)(C) an aunt;
(1)(a)(iv)(D) a babysitter;
(1)(a)(iv)(E) a coach;
(1)(a)(iv)(F) a cohabitant of a parent if the cohabitant is an adult;
(1)(a)(iv)(G) a counselor;
(1)(a)(iv)(H) a doctor or physician;
(1)(a)(iv)(I) an employer;
(1)(a)(iv)(J) a foster parent;
(1)(a)(iv)(K) a grandparent;
(1)(a)(iv)(L) a legal guardian;
(1)(a)(iv)(M) a natural parent;
(1)(a)(iv)(N) a recreational leader who is an adult;
(1)(a)(iv)(O) a religious leader;
(1)(a)(iv)(P) a sibling or a stepsibling who is an adult;
(1)(a)(iv)(Q) a scout leader who is an adult;
(1)(a)(iv)(R) a stepparent;
(1)(a)(iv)(S) a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older;
(1)(a)(iv)(T) an instructor, professor, or teaching assistant at a public or private institution of higher education;
(1)(a)(iv)(U) an uncle;
(1)(a)(iv)(V) a youth leader who is an adult; or
(1)(a)(iv)(W) any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue influence over the child.
(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 child if the actor:
(2)(a)(i)
(2)(a)(i)(A) touches, whether over or under the clothing, the buttocks or pubic area of a child;
(2)(a)(i)(B) touches, whether over or under the clothing, the breast of a female child;
(2)(a)(i)(C) touches the anus or genitals of a child over the clothing; or
(2)(a)(i)(D) otherwise takes indecent liberties with a child whether over or under the clothing; and
(2)(a)(ii) the actor’s conduct is with intent to:
(2)(a)(ii)(A) cause substantial emotional or bodily pain to any individual; or
(2)(a)(ii)(B) arouse or gratify the sexual desire of any individual.
(2)(b) Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3) A violation of Subsection (2) is a second degree felony.
(4) The offenses referred to in Subsection (2)(a) are:
(4)(a) rape of a child, in violation of Section 76-5-402.1 ;
(4)(b) object rape of a child, in violation of Section 76-5-402.3 ;
(4)(c) sodomy on a child, in violation of Section 76-5-403.1 ; or
(4)(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).