76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old — 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 |
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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 76-5-401.2
(a) |
As used in this section:
(i) |
“Indecent liberties” means the same as that term is defined in Section 76-5-401.1. |
(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. |
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(b) |
Terms defined in Section 76-1-101.5 apply to this section. |
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(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:
(i) |
(A) |
is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct; |
(B) |
engages in any conduct listed in Subsection (2)(b); and |
(C) |
knew or reasonably should have known the age of the minor; or |
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(ii) |
(A) |
is 10 or more years older than the minor at the time of the sexual conduct; and |
(B) |
engages in any conduct listed in Subsection (2)(b). |
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(b) |
As used in Subsection (2)(a), “sexual conduct” refers to when the actor:
(i) |
has sexual intercourse with the minor; |
(ii) |
engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual; |
(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 |
(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 |
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(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:
(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. |
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(c) |
(i) |
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). |
(ii) |
Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i). |
(iii) |
Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii). |
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(3) |
(a) |
A violation of Subsection (2)(b)(i), (ii), or (iii) is a third degree felony. |
(b) |
A violation of Subsection (2)(b)(iv) is a class A misdemeanor. |
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(4) |
The offenses referred to in Subsection (2)(a) are:
(a) |
rape, in violation of Section 76-5-402; |
(b) |
object rape, in violation of Section 76-5-402.2; |
(c) |
forcible sodomy, in violation of Section 76-5-403; |
(d) |
forcible sexual abuse, in violation of Section 76-5-404; |
(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 181, 2022 General Session