Utah Code 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old — 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 76-5-401.2
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- 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) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1.
(1)(a)(ii) “Minor” means an individual who is 16 years old or older, but younger than 18 years old, at the time the sexual conduct 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 unlawful sexual conduct with a minor if the actor:
(2)(a)(i)
(2)(a)(i)(A) is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct;
(2)(a)(i)(B) engages in any conduct listed in Subsection (2)(b); and
(2)(a)(i)(C) knew or reasonably should have known the age of the minor; or
(2)(a)(ii)
(2)(a)(ii)(A) is 10 or more years older than the minor at the time of the sexual conduct; and
(2)(a)(ii)(B) engages in any conduct listed in Subsection (2)(b).
(2)(b) As used in Subsection (2)(a), “sexual conduct” refers to when the actor:
(2)(b)(i) has sexual intercourse with the minor;
(2)(b)(ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual;
(2)(b)(iii)
(2)(b)(iii)(A) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body; and
(2)(b)(iii)(B) causes the penetration 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; or
(2)(b)(iv) 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)(b)(iv)(A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
(2)(b)(iv)(B) touches the breast of a female minor; or
(2)(b)(iv)(C) otherwise takes indecent liberties with the minor.
(2)(c)
(2)(c)(i) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(2)(c)(ii) Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i).
(2)(c)(iii) Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii).
(3)
(3)(a) A violation of Subsection (2)(b)(i), (ii), or (iii) is a third degree felony.
(3)(b) A violation of Subsection (2)(b)(iv) is a class A misdemeanor.
(4) The offenses referred to in Subsection (2)(a) are:
(4)(a) rape, in violation of Section 76-5-402;
(4)(b) object rape, in violation of Section 76-5-402.2;
(4)(c) forcible sodomy, in violation of Section 76-5-403;
(4)(d) forcible sexual abuse, in violation of Section 76-5-404;
(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).