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2020 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 (2020)
Effective 5/12/2020
76-5-401.3. Unlawful adolescent sexual activity.
Amended by Chapter 214, 2020 General Session
76-5-401.3. Unlawful adolescent sexual activity.
- (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
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