Here is a breakdown of Utah’s substantive sex crime charges. A thorough reading of the statute in effect at the time of the alleged crime and the current reading is always in order. Utah’s sex offense crimes are changed frequently.
Being charged with a sex crime is a life altering event. Hiring an experienced attorney to help you is critical. Jake Gunter has nearly 20 years defending people accused of crimes.
Utah tends to punish sexual crimes based on the following factors.
(1). Age of Victim. (2). Age of Defendant. (3). Type of Prohibited Sexual Activities. Genital sexual penetration, object genital penetration, touching can be treated differently depending on the age of the defendant, the age of victim, and whether force was involved or not. (3). Consent or No Consent. Utah sex crimes are classified on whether the parties were having consensual sexual relations or nonconsenting relations based on the victim’s age or other impairments that lead a person to be unable to consent to sexual relations.
Age of Victim. The general age categories are broken down to: Under 14 years old. 14-15 years old. 16-17 years old.
Age of Defendant. A defendant’s age is generally broken down to: Offenders under 18 years old. Offenders over 18 years old. Offenders under age 21. Offenders who are less than 4 years older than the victim. And the list goes on requiring a careful reading the Utah sex offense code.
Prohibited Sexual Conduct. Illegal sexual conduct is generally classified into: Sexual intercourse. Object penetration of genitalia. Object penetration is specifically defined in the code. Sexual touching. Oral or anal sex, is called collectively sodomy in the code.
THE CONSENT, NON-FORCE UTAH SEX CRIMES.
76-5-401. Unlawful sexual activity with a minor – Elements – Penalties – Evidence of age raised by defendant.
Target Protected Person: 14 to15 year old. “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.
Targeted Defendant: 18 years old plus.
Prohibited Conduct: With consent.
Penalty: Third degree felony.
Registration: Yes. Unless the following is proved: (a) 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.
(b) The defendant was younger than 21 years old at the time the sexual activity occurred, the offense is a class A misdemeanor.
Mitigating Factors: Yes.
76-5-401.1. Sexual abuse of a minor.
Target Protected Person: 14 to 15 year old.
Target Defendant. Defendant is 4 or more years older than victim.
Prohibited Conduct. Touching. Not sexual intercourse, object penetration. Defendant touches the anus, buttocks, pubic area, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, 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 regardless of the sex of any participant.
Penalty. Class A misdemeanor and is not subject to registration under Subsection 77-41-102(17)(a)(viii) on a first offense if the offender was younger than 21 years of age at the time of the offense.
Registration: Not for first offense, assuming no priors.
Mitigating Factors. Defendant was under 21 years old.
76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old.
Target Protected Person: 16-17 years old.
Target Defendant: Defendant is 7 to 9 year older than victim. Defendant is 10 years or more older than victim.
Prohibited Conduct: Consensual sexual intercourse, object penetration, touching of anus, buttocks, pubic area, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor.
Penalty: Third degree felony for intercourse, object penetration or oral sex. Class A Misdemeanor for consensual touching.
Registration: Yes.
Mitigating Factors: Whether touching occurred, or whether sexual intercourse or penetration occurred.
76-5-401.3. Unlawful adolescent sexual activity.
Target Protected Person: 12 to 17 years old.
Target Defendant: Adolescent children ages 12-17 years old.
Prohibited Conduct: Unlawful adolescent sexual activity” means sexual activity between adolescents under circumstances not amounting to non-consenting sexual behavior. Force was not involved in the sexual behavior.
Penalty: 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.
Registration: No.
Mitigating Factors: 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. See this article on nonjudicial adjustment for more information.
May sentence as a juvenile, when filed in district court due to the filing delay, or any combination thereof with adult sentencing.
NON CONSENTING SEX CRIMES DUE TO FORCE USED OR VICTIM UNABLE TO CONSENT, AGE, INTOXICATION, INFIRMITY, ETC
The following offenses generally use force, weapons etc. Further there are generally mandatory minimum prison sentences and lifetime registration. A careful reading of the code in effect at the time of allegations are in order and the code currently in effect when the alleged crime is charged.
76-5-402. Rape.
Target Protected Person: Person 18 years or older.
Target Defendant: Persons 18 years or older. .
Prohibited Conduct: Sexual intercourse with an 18 year old or older without their consent.
Penalty: First degree felony.
5 years minimum to life in prison assuming no bodily injury and no prior sexual offense convictions.
15 years minimum to life in prison if caused serious bodily injury, or defendant has a prior “grievous sexual” conviction.
Registration: Yes. Lifetime.
Mitigating Factors: Sentencing judge can order a lesser term of 10 to life, or 6 to life for offenses that carry a mandatory 15 year minimum to life.
76-5-402.1. Rape of a child.
Target Protected Person: Child under age 14 years old.
Target Defendant: 18 years
Prohibited Conduct: Sexual intercourse with a child under the age of 14 years old.
Penalty: First degree felony. 25 year minimum and may be life.
Life without parole if serious bodily injury was caused, or the defendant had a prior conviction for a grievous sexual offense.
Registration: Yes. Lifetime.
Mitigating Factors: If defendant was under 18 years old, life without parole does not apply.
Can sentence to less than 25 years prison if:
Target Protected Person: 14 years or older.
Target Defendant: 18 years or older.
Prohibited Conduct: Object penetration. No consent.
Penalty: First degree felony. 5 years to life.
15 years to life if serious bodily injury occurs, or defendant was under 18 years old and had a prior grievous sexual conviction.
Life without parole if defendant over 18 years old and had a prior grievous sexual conviction.
Registration: Yes. Lifetime.
Mitigating Factors: The 15 years to life can be mitigated to a: 10 years and which may be for life; or six years and which may be for life in the interests of justice by the judge at sentencing.
76-5-402.3. Object rape of a child — Penalty.
Target Protected Person: Child under age 14 years old.
Target Defendant: 18 years plus.
Prohibited Conduct: Object penetration. No consent.
Penalty: First degree felony. 25 years to life first offense.
Life without parole if serious bodily injury was caused or had a prior grievous sexual offense conviction.
Registration: Yes. Lifetime.
Mitigating Factors: First offense 25 years to life may be mitigated if the defendant was under 21 years old with the following prison terms:
15 years and which may be for life;
10 years and which may be for life; or
6 years and which may be for life.
76-5-403. Forcible sodomy.
Target Protected Person: 14 years of older.
Target Defendant: 18 years plus.
Prohibited Conduct: Oral or anal sex. Non-consenting.
Penalty: First degree felony.
5 years to life.
15 years to life if serious bodily injury or defendant was younger than 18 years old with a prior.
Life without parole if defendant had a prior grievous offense conviction.
Registration: Yes. Lifetime.
Mitigating Factors: Yes. First time offenders or offenses causing serious bodily injury may be receive a lesser term in the interest of justice.
10 years and which may be for life; or
6 years and which may be for life.
76-5-403.1. Sodomy on a child.
Target Protected Person: Child under 14 years of age.
Target Defendant: 18 years old plus.
Prohibited Conduct: Oral or anal sex, no consent.
Penalty: First degree felony. 25 years to life for first offense.
Life without parole if causes serious bodily injury or had a prior grievous offense conviction.
Registration: Yes. Lifetime.
Mitigating Factors: Yes.
Life without parole does not apply to defendants under the age of 18 years old.
The 25 year mandatory minimum may be mitigated to:
15 years and which may be for life;
10 years and which may be for life; or
6 years and which may be for life.
If it is a first offense, or defendant was under 21 years old and it is in the interest of justice.
76-5-404. Forcible sexual abuse.
Target Protected Person: 14 years or older.
Target Defendant: 18 years or older.
Prohibited Conduct: Non consenting. Touches the anus, buttocks, pubic area, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, with 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, without the consent of the other, regardless of the sex of any participant.
Penalty: Second degree felony. 1-15 years prison.
First degree felony, 15 years mandatory minimum to life, if serious bodily injury was caused.
Registration: Yes. Lifetime.
Mitigating Factors: The 15 year mandatory minimum may be mitigated in the interest of justice to:
10 years and which may be for life; or
6 years and which may be for life.
76-5-404.1. Sexual abuse of a child — Aggravated sexual abuse of a child.
Target Protected Person: Child under age 14 years old.
Target Defendant: 18 years or older.
Prohibited Conduct: Non consent. Non sexual intercourse allegations. Touches the anus, buttocks, pubic area, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, with 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 regardless of the sex of any participant.
Penalty: Sexual Abuse of a Child is a second degree Felony. 1-15 years prison
Aggravated Sexual Abuse of a Child is a first degree Felony, 15 years prison to life, and life without parole if the offense causes serious bodily injury, or had a prior grievous sexual offense IF:
(a) the offense was committed by the use of a dangerous weapon as defined in Section 76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course of a kidnapping;
(b) the accused caused bodily injury or severe psychological injury to the victim during or as a result of the offense;
(c) the accused was a stranger to the victim or made friends with the victim for the purpose of committing the offense;
(d) the accused used, showed, or displayed pornography or caused the victim to be photographed in a lewd condition during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously convicted of any sexual offense;
(f) the accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere, more than five separate acts, which if committed in Utah would constitute an offense described in this chapter, and were committed at the same time, or during the same course of conduct, or before or after the instant offense;
(h) the offense was committed by an individual who occupied a position of special trust in relation to the victim;
(i) the accused encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling; or
(j) the accused caused the penetration, however slight, of the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.
Registration: Yes. Lifetime.
Mitigating Factors: Yes.
The life without parole for causing serious bodily injury may be mitigated to 15 years and which may be for life.
The first offense mandatory 15 years to life may be mitigated to 10 years or 6 years to life if in the interested of justice.
