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Unlawful Sexual Activity with a Minor Aged 14 – 15 Years Old. Utah Code Ann. 76-5-401 (2020)

UTAH SEX CRIMES DEFENSE ATTORNEY JAKE GUNTER CALL/TXT (801) 373-6345

It is illegal for a person over 18 years old to have sexual relations, regardless of whether it is consensual or lacks force, with a minor child who is age 14-15.

Sexual activity is defined as:

(a) has sexual intercourse with the minor;

(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or (sodomy)

(c) 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, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

3rd Degree Felony.

It is a 3rd Degree Felony if you have sexual relations with a 14-15 year old and you are older than 21. It is a registrable Utah sex offense.

Class A Misdemeanor.

It is a Class A Misdemeanor if you are younger than 21 years old and have sexual relations with a 14-15 year old. It is not a Utah registrable sex offense.

Class B Misdemeanor.

It is a Class B Misdemeanor if you are less than 4 years older than the minor child. It is not a registrable sex offense.

Effective 5/12/2020

76-5-401. Unlawful sexual activity with a minor — Elements — Penalties — Evidence of age raised by defendant.

(1) For purposes of this section “minor” is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

(2) A person 18 years old or older commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:

(a) has sexual intercourse with the minor;

(b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or

(c) 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, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

(3)

(a) Except under Subsection (3)(b) or (c), a violation of Subsection (2) is a third degree felony.

(b) If the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, the offense is a class B misdemeanor. An offense under this Subsection (3)(b) is not subject to registration under Subsection 77-41-102(17)(a)(vii).

(c) If the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant was younger than 21 years old at the time the sexual activity occurred, the offense is a class A misdemeanor. An offense under this Subsection (3)(c) is not subject to registration under Subsection 77-41-102(17)(a)(vii).

Amended by Chapter 108, 2020 General Session

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