Statutory Rape is a term applied to consensual sexual relations that is illegal only because of the participants’ ages. Example: An 18 year old high-schooler has sex with his 14 year old girlfriend. Even though the sexual relation was consensual, it is illegal because the boyfriend is 18 years or older and his girlfriend is incapable of consenting to sexual relations being under the age of 16.
How Utah Breaks Down Sex Offenses. Variables Considered.
Utah sex crimes law breaks down illegal sexual activity by how old the victim is, how old the offender is and whether force or no force was involved. Sexual touching outside of the genitalia, sodomy and intercourse are also treated differently. Sexual offense against children using force have significant mandatory minimum prison sentences. Repeat offenders are treated more harshly than first time offenders. Pleas in abeyance, or first time offender programs are difficult to obtain, if ever, and you can’t expunge registrable sex offenses. Period. Further, there is a list of 10 years registrable sex offenses and lifetime sex offense registrable offenses. Early removal from the sex offense registry is possible, but very difficult to do.
Utah defines unlawful adolescent sexual activities to mean most consensual sexual activity between teenagers between the age of 12 years old, but younger than 18 years old.
(a) Third degree felony if an adolescent who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old;
(b) Third degree felony if an adolescent who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(c) Class A misdemeanor if an adolescent who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(d) Class A misdemeanor if an adolescent who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(e) Class B misdemeanor if an adolescent who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old;
(f) Class B misdemeanor if an adolescent who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(g) Class C misdemeanor if an adolescent who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and
(h) Class C misdemeanor if an adolescent who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.
None of these consensual sex crimes are registrable sex offenses. See Utah Code Ann. 76-5-403.3 (2020).
Police are at your Door. Most all police cars have in-car audio that will record all conversations you have with the police. Further, most police have body camera footage attached to their police vests, or cordless microphones that record from their police cars. You should always remain silent.
Police are Calling You. Miranda rights to demand an attorney and stop the police interrogation don’t apply to police telephone calls. Most all 911, radio traffic and police telephone calls are recorded. They don’t have to tell you they are police and they can record you whether you want them to or not. Again. Remain silent and assert your rights.
Police are Texting You. Another bad sign that you are being investigated. All texts are recorded.
Division of Child Welfare and Family Services are Contacting you. DCFS child welfare social workers are often involved in child sex offense cases. DCFS will concurrently investigate child abuse allegations with the police detectives.
Anyone contacting you regarding your sexual activity should be seen with suspicion and you should consult an attorney.
STATUTORY RAPE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULTATIONS.
Effective 5/12/2020
(1) As used in this section:
(a) “Adolescent” means an individual in the transitional phase of human physical and psychological growth and development between childhood and adulthood who is 12 years old or older, but under 18 years old.
(b) “Unlawful adolescent sexual activity” means sexual activity between adolescents under circumstances not amounting to:
(i) rape, in violation of Section 76-5-402;
(ii) rape of a child, in violation of Section 76-5-402.1;
(iii) object rape, in violation of Section 76-5-402.2;
(iv) object rape of a child, in violation of Section 76-5-402.3;
(v) forcible sodomy, in violation of Section 76-5-403;
(vi) sodomy on a child, in violation of Section 76-5-403.1;
(vii) sexual abuse of a child, in violation of Section 76-5-404;
(viii) aggravated sexual assault, in violation of Section 76-5-405; or
(ix) incest, in violation of Section 76-7-102.
(2) Unlawful adolescent sexual activity is punishable as a:
(a) third degree felony if an adolescent who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old;
(b) third degree felony if an adolescent who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(c) class A misdemeanor if an adolescent who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(d) class A misdemeanor if an adolescent who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(e) class B misdemeanor if an adolescent who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old;
(f) class B misdemeanor if an adolescent who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(g) class C misdemeanor if an adolescent who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and
(h) class C misdemeanor if an adolescent who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.
(3) An offense under this section is not eligible for a nonjudicial adjustment under Section 78A-6-602 or a referral to youth court under Section 78A-6-1203.
(4) Except for an offense that is transferred to a district court by the juvenile court in accordance with Section 78A-6-703.5, the district court may enter any sentence or combination of sentences that would have been available in juvenile court but for the delayed reporting or delayed filing of the information in the district court.
(5) An offense under this section is not subject to registration under Subsection 77-41-102(17).
Amended by Chapter 214, 2020 General Session
