Utah Code 76-2-304.5. Mistake as to victim’s age not a defense
Current as of: 2023 | Check for updates
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76-2-304.5. Mistake as to victim’s age not a defense.
| (1) | It is not a defense to the crime of child kidnapping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; or an attempt to commit any of these offenses, that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim’s true age. |
| (2) | It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim’s true age. |
| (3) | It is not a defense to the crime of aggravated human trafficking, a violation of Section 76-5-310, aggravated human smuggling, a violation of Section 76-5-310.1, or human trafficking of a child, a violation of Section 76-5-308.5, that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim’s true age. |
| (4) | It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim’s true age. |
| (5) | It is not a defense to any of the following crimes that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim’s true age:
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Amended by Chapter 181, 2022 General Session