Utah Code 76-9-702.5. Lewdness involving a child
Current as of: 2024 | Check for updates
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(1) As used in this section:
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 76-9-702.5
- 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
- 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
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(1)(a) “In the presence of” includes within visual contact through an electronic device.(1)(b) “Common area of a privacy space” means the same as that term is defined in Section
76-9-702 .(1)(c) “Privacy space” means the same as that term is defined in Section76-9-702.8 .
(2) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly:
(2)(a) does any of the following in the presence of a child who is under 14 years of age:
(2)(a)(i) performs an act of sexual intercourse or sodomy;
(2)(a)(ii) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:
(2)(a)(ii)(A) in a public place; or
(2)(a)(ii)(B) in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;
(2)(a)(iii) masturbates; or
(2)(a)(iv) performs any other act of lewdness; or
(2)(b) under circumstances not amounting to sexual exploitation of a child under Section 76-5b-201 or aggravated sexual exploitation of a child under Section 76-5b-201.1 , causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child.
(3)
(3)(a) Lewdness involving a child is a class A misdemeanor, except under Subsection (3)(b).
(3)(b) Lewdness involving a child is a third degree felony if at the time of the violation:
(3)(b)(i) the person is a sex offender as defined in Section 77-27-21.7 ;
(3)(b)(ii) the person has previously been convicted of a violation of this section;
(3)(b)(iii) the person commits the offense of lewdness involving a child while also committing the offense of:
(3)(b)(iii)(A) criminal trespass in a sex-designated changing room under Subsection 76-6-206 (2)(d);
(3)(b)(iii)(B) lewdness under Section 76-9-702 ;
(3)(b)(iii)(C) voyeurism under Section 76-9-702.7 ; or
(3)(b)(iii)(D) loitering in a privacy space under Section 76-9-702.8 ; or
(3)(b)(iv) the person commits the offense of lewdness involving a child in a sex-designated privacy space, as defined in Section 76-9-702.8 , that is not designated for individuals of the actor’s sex.
(4)
(4)(a) The common area of a privacy space constitutes a public place or circumstance described in Subsection (2) where an act or an attempted act described in Subsection (2) constitutes lewdness involving a child.
(4)(b) Within the common area of a government entity’s dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond with the sex designation of the changing room constitutes an act or an attempted act described in Subsection (2) that constitutes lewdness involving a child.