There is a newer version
of
this Section
2017 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Person
Part 4 - Sexual Offenses
Section 407 - Applicability of part -- "Penetration" or "touching" sufficient to constitute offense.
Universal Citation: UT Code § 76-5-407 (2017)
76-5-407. Applicability of part -- "Penetration" or "touching" sufficient to constitute offense.
Amended by Chapter 128, 2000 General Session
- (1) The provisions of this part do not apply to consensual conduct between persons married to each other.
- (2) In any prosecution for:
- (a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense:
- (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse;
- (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Subsection 76-5-401.2, involving sexual intercourse; or
- (iii) rape, a violation of Section 76-5-402; or
- (b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense:
- (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy;
- (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy;
- (iii) sodomy, a violation of Subsection 76-5-403(1);
- (iv) forcible sodomy, a violation of Subsection 76-5-403(2);
- (v) rape of a child, a violation of Section 76-5-402.1; or
- (vi) object rape of a child, a violation of Section 76-5-402.3.
- (a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense:
- (3) In any prosecution for the following offenses, any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of the offense:
- (a) sodomy on a child, a violation of Section 76-5-403.1; or
- (b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1.
Amended by Chapter 128, 2000 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
