76-5-401.1. Sexual abuse of a minor — Penalties — Limitations.
| (1) |
Attorney's NoteUnder 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 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-401.1
| (a) |
As used in this section:
| (i) |
“Indecent liberties” means:
| (A) |
the actor touching another individual’s genitals, anus, buttocks, pubic area, or female breast; |
| (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; |
| (C) |
simulating or pretending to engage in sexual intercourse with another individual, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or |
| (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. |
|
| (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. |
|
| (b) |
Terms defined in Section 76-1-101.5 apply to this section. |
|
| (2) |
| (a) |
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a minor if the actor:
| (i) |
is four years or more older than the minor; and |
| (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:
| (A) |
touches the anus, buttocks, pubic area, or any part of the genitals of the minor; |
| (B) |
touches the breast of a female minor; or |
| (C) |
otherwise takes indecent liberties with the minor. |
|
|
| (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:
| (a) |
a class A misdemeanor; and |
| (b) |
not subject to registration under Subsection 77-41-102(18)(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:
| (a) |
unlawful sexual activity with a minor, in violation of Section 76-5-401; |
| (b) |
rape, in violation of Section 76-5-402; |
| (c) |
object rape, in violation of Section 76-5-402.2; |
| (d) |
forcible sodomy, in violation of Section 76-5-403; |
| (e) |
aggravated sexual assault, in violation of Section 76-5-405; or |
| (f) |
an attempt to commit an offense listed in Subsections (4)(a) through (e). |
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Amended by Chapter 123, 2023 General Session
