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Utah criminal charge

Custodial sexual relations with youth receiving state services in Utah

Current through 2026 Utah legislative session

Custodial sexual relations with youth receiving state services is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-413. 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. § 76-5-413.

What is the penalty for custodial sexual relations with youth receiving state services in Utah?

Penalties for Custodial sexual relations with youth receiving state services
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (Custodial sexual relations with youth 18 or older but under 25 — A violation of Subsection (2) is a third degree felony, applicable when the youth receiving state services is not younger than 18 years old.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Custodial sexual relations with youth 18 or older but under 25 — A violation of Subsection (2) is a third degree felony, applicable when the youth receiving state services is not younger than 18 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prison1 years to 15 years (Custodial sexual relations with youth under 18 — A violation of Subsection (2) is a second degree felony when the youth receiving state services 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)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Custodial sexual relations with youth under 18 — A violation of Subsection (2) is a second degree felony when the youth receiving state services is younger than 18 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203

Applies to current (2026 General Session).

How is custodial sexual relations with youth receiving state services classified in Utah?

The classification depends on the circumstances:

Classification variants for Custodial sexual relations with youth receiving state services
VariantClassificationWhen it appliesStatute
Custodial sexual relations with youth 18 or older but under 25Third Degree FelonyA violation of Subsection (2) is a third degree felony, applicable when the youth receiving state services is not younger than 18 years old.Utah Code Ann. § 76-5-413(3)(a)
Custodial sexual relations with youth under 18Second Degree FelonyA violation of Subsection (2) is a second degree felony when the youth receiving state services is younger than 18 years old.Utah Code Ann. § 76-5-413(3)(b)

Common questions about custodial sexual relations with youth receiving state services in Utah

Is custodial sexual relations with youth receiving state services a felony or a misdemeanor in Utah?

It depends on the circumstances: custodial sexual relations with youth receiving state services ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-5-413.

Custodial sexual relations with youth 18 or older but under 25: Third Degree Felony (Utah Code Ann. § 76-5-413(3)(a)) · Custodial sexual relations with youth under 18: Second Degree Felony (Utah Code Ann. § 76-5-413(3)(b))

What are the penalties for custodial sexual relations with youth receiving state services in Utah?

Penalties for custodial sexual relations with youth receiving state services 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 with youth receiving state services?

Custodial sexual relations with youth receiving state services is governed by Utah Code Ann. § 76-5-413 (Custodial sexual relations with youth receiving state services - 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.