76-5-404.1. Sexual abuse of a child — Penalties — Limitations.
| (1) |
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Terms Used In Utah Code 76-5-404.1
| (a) |
As used in this section:
| (i) |
“Adult” means an individual 18 years old or older. |
| (ii) |
“Child” means an individual younger than 14 years old. |
| (iii) |
“Indecent liberties” means the same as that term is defined in Section 76-5-401.1. |
| (iv) |
“Position of special trust” means:
| (B) |
an athletic manager who is an adult; |
| (F) |
a cohabitant of a parent if the cohabitant is an adult; |
| (H) |
a doctor or physician; |
| (N) |
a recreational leader who is an adult; |
| (P) |
a sibling or a stepsibling who is an adult; |
| (Q) |
a scout leader who is an adult; |
| (S) |
a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older; |
| (T) |
an instructor, professor, or teaching assistant at a public or private institution of higher education; |
| (V) |
a youth leader who is an adult; or |
| (W) |
any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue influence over the child. |
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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 sexual abuse of a child if the actor:
| (i) |
| (A) |
touches the anus, buttocks, pubic area, or genitalia of any child; |
| (B) |
touches the breast of a female child; or |
| (C) |
otherwise takes indecent liberties with a child; and |
|
| (ii) |
the actor’s conduct is with intent to:
| (A) |
cause substantial emotional or bodily pain to any individual; or |
| (B) |
to arouse or gratify the sexual desire of any individual. |
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| (b) |
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). |
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| (3) |
A violation of Subsection (2) is a second degree felony. |
| (4) |
The offenses referred to in Subsection (2)(a) are:
| (a) |
rape of a child, in violation of Section 76-5-402.1; |
| (b) |
object rape of a child, in violation of Section 76-5-402.3; |
| (c) |
sodomy on a child, in violation of Section 76-5-403.1; or |
| (d) |
an attempt to commit an offense listed in Subsections (4)(a) through (4)(c). |
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| (5) |
Imprisonment under this section is mandatory in accordance with Section 76-3-406. |
Amended by Chapter 181, 2022 General Session
