Utah criminal charge
Custodial sexual misconduct in Utah
Custodial sexual misconduct is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-412.2. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-412.2.
What is the penalty for custodial sexual misconduct in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Custodial sexual misconduct - base offense — A violation of Subsection (2) is classified as a class A misdemeanor by default.; up to 364 days — except up to one year for class A misdemeanors under Title 76, Chapter 5 (Offenses Against the Individual), other than Sections 76-5-102.9, 76-5-107.5, 76-5-113, and 76-5-303, which remain at 364 days (Utah Code Ann. § 76-3-204(1)) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $2,500 (Custodial sexual misconduct - base offense — A violation of Subsection (2) is classified as a class A misdemeanor by default.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | up to 5 years (Custodial sexual misconduct - victim under 18 — A violation of Subsection (2) is a third degree felony if the person in custody is younger than 18 years old.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Custodial sexual misconduct - victim under 18 — A violation of Subsection (2) is a third degree felony if the person in custody is younger than 18 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is custodial sexual misconduct classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Custodial sexual misconduct - base offense | Class A Misdemeanor | A violation of Subsection (2) is classified as a class A misdemeanor by default. | Utah Code Ann. § 76-5-412.2(3)(a) |
| Custodial sexual misconduct - victim under 18 | Third Degree Felony | A violation of Subsection (2) is a third degree felony if the person in custody is younger than 18 years old. | Utah Code Ann. § 76-5-412.2(3)(b) |
Common questions about custodial sexual misconduct in Utah
Is custodial sexual misconduct a felony or a misdemeanor in Utah?
It depends on the circumstances: custodial sexual misconduct ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-412.2.
Custodial sexual misconduct - base offense: Class A Misdemeanor (Utah Code Ann. § 76-5-412.2(3)(a)) · Custodial sexual misconduct - victim under 18: Third Degree Felony (Utah Code Ann. § 76-5-412.2(3)(b))
What are the penalties for custodial sexual misconduct in Utah?
Which Utah statute covers custodial sexual misconduct?
Custodial sexual misconduct is governed by Utah Code Ann. § 76-5-412.2 (Custodial sexual misconduct - Penalties - Defenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.