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2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Individual
Part 4 - Sexual Offenses
Section 401.2 - Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
Universal Citation: UT Code § 76-5-401.2 (2023)
Effective 5/4/2022
76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
Amended by Chapter 181, 2022 General Session
76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
- (1)
- (a) As used in this section:
- (i) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
- (ii) "Minor" means an individual who is 16 years old or older, but younger than 18 years old, at the time the sexual conduct described in Subsection (2) occurred.
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (a) As used in this section:
- (2)
- (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits unlawful sexual conduct with a minor if the actor:
- (i)
- (A) is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct;
- (B) engages in any conduct listed in Subsection (2)(b); and
- (C) knew or reasonably should have known the age of the minor; or
- (ii)
- (A) is 10 or more years older than the minor at the time of the sexual conduct; and
- (B) engages in any conduct listed in Subsection (2)(b).
- (i)
- (b) As used in Subsection (2)(a), "sexual conduct" refers to when the actor:
- (i) has sexual intercourse with the minor;
- (ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual;
- (iii)
- (A) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body; and
- (B) causes the penetration 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; or
- (iv) 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:
- (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
- (B) touches the breast of a female minor; or
- (C) otherwise takes indecent liberties with the minor.
- (c)
- (i) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
- (ii) Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i).
- (iii) Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii).
- (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits unlawful sexual conduct with a minor if the actor:
- (3)
- (a) A violation of Subsection (2)(b)(i), (ii), or (iii) is a third degree felony.
- (b) A violation of Subsection (2)(b)(iv) is a class A misdemeanor.
- (4) The offenses referred to in Subsection (2)(a) are:
- (a) rape, in violation of Section 76-5-402;
- (b) object rape, in violation of Section 76-5-402.2;
- (c) forcible sodomy, in violation of Section 76-5-403;
- (d) forcible sexual abuse, in violation of Section 76-5-404;
- (e) aggravated sexual assault, in violation of Section 76-5-405; or
- (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
Amended by Chapter 181, 2022 General Session
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