Go to previous versions
of
this Section
2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 2 - Principles of Criminal Responsibility
Part 3 - Defenses to Criminal Responsibility
Section 304.5 - Mistake as to victim's age not a defense.
Universal Citation:
UT Code § 76-2-304.5 (2023)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 5/4/2022
76-2-304.5. Mistake as to victim's age not a defense.
Amended by Chapter 181, 2022 General Session
76-2-304.5. Mistake as to victim's age not a defense.
- (1) It is not a defense to the crime of child kidnapping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; or an attempt to commit any of these offenses, that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age.
- (2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim's true age.
- (3) It is not a defense to the crime of aggravated human trafficking, a violation of Section 76-5-310, aggravated human smuggling, a violation of Section 76-5-310.1, or human trafficking of a child, a violation of Section 76-5-308.5, that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age.
- (4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Subsection 76-5-401.2(2)(a)(ii), that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age.
- (5) It is not a defense to any of the following crimes that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age:
- (a) patronizing a prostitute, a violation of Section 76-10-1303;
- (b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or
- (c) sexual solicitation, a violation of Section 76-10-1313.
Amended by Chapter 181, 2022 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.