Utah criminal charge
Custodial sexual relations in Utah
Custodial sexual relations is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-412. 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.
What is the penalty for custodial sexual relations in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Custodial sexual relations — adult person in custody — A violation of Subsection (2) is a third degree felony when the person in custody is 18 years old or older.; 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 relations — adult person in custody — A violation of Subsection (2) is a third degree felony when the person in custody is 18 years old or older.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Custodial sexual relations — minor person in custody — A violation of Subsection (2) is a second 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 $10,000 (Custodial sexual relations — minor person in custody — A violation of Subsection (2) is a second 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 relations classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Custodial sexual relations — adult person in custody | Third Degree Felony | A violation of Subsection (2) is a third degree felony when the person in custody is 18 years old or older. | Utah Code Ann. § 76-5-412(3)(a) |
| Custodial sexual relations — minor person in custody | Second Degree Felony | A violation of Subsection (2) is a second degree felony if the person in custody is younger than 18 years old. | Utah Code Ann. § 76-5-412(3)(b) |
Common questions about custodial sexual relations in Utah
Is custodial sexual relations a felony or a misdemeanor in Utah?
It depends on the circumstances: custodial sexual relations ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-412.
Custodial sexual relations — adult person in custody: Third Degree Felony (Utah Code Ann. § 76-5-412(3)(a)) · Custodial sexual relations — minor person in custody: Second Degree Felony (Utah Code Ann. § 76-5-412(3)(b))
What are the penalties for custodial sexual relations in Utah?
Penalties for custodial sexual relations in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers custodial sexual relations?
Custodial sexual relations is governed by Utah Code Ann. § 76-5-412 (Custodial sexual relations - Penalties - Defenses and limitations).
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.