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2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Person
Part 4 - Sexual Offenses
Section 401.3 - Unlawful adolescent sexual activity.
Universal Citation: UT Code § 76-5-401.3 (2017)
Effective 5/9/2017
76-5-401.3. Unlawful adolescent sexual activity.
Enacted by Chapter 397, 2017 General Session
76-5-401.3. Unlawful adolescent sexual activity.
- (1) As used in this section:
- (a) "Adolescent" means a person in the transitional phase of human physical and psychological growth and development between childhood and adulthood who is 12 years of age or older, but under 18 years of age.
- (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) aggravated sexual assault, in violation of Section 76-5-405;
- (viii) sexual abuse of a child, in violation of Section 76-5-404; 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 of age engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years of age;
- (b) third degree felony if an adolescent who is 16 years of age engages in unlawful adolescent sexual activity with an adolescent who is 12 years of age;
- (c) class A misdemeanor if an adolescent who is 16 years of age engages in unlawful adolescent sexual activity with an adolescent who is 13 years of age;
- (d) class A misdemeanor if an adolescent who is 14 or 15 years of age engages in unlawful adolescent sexual activity with an adolescent who is 12 years of age;
- (e) class B misdemeanor if an adolescent who is 17 years of age engages in unlawful adolescent sexual activity with an adolescent who is 14 years of age;
- (f) class B misdemeanor if an adolescent who is 15 years of age engages in unlawful adolescent sexual activity with an adolescent who is 13 years of age;
- (g) class C misdemeanor if an adolescent who is 12 or 13 years of age engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years of age; and
- (h) class C misdemeanor if an adolescent who is 14 years of age engages in unlawful adolescent sexual activity with an adolescent who is 13 years of age.
- (3) Offenses under this section are not eligible for nonjudicial adjustment under Section 78A-6-602 or referral to youth court under Section 78A-6-1203.
- (4) Unless the offenses are before the court pursuant to Section 78A-6-701, 78A-6-702, or 78A-6-703, the district court may enter any sentence or combination of sentences which would have been available in juvenile court but for the delayed reporting or delayed filing of the information in district court.
- (5) An offense under this section is not subject to registration under Subsection 77-41-102(17).
Enacted by Chapter 397, 2017 General Session
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