Utah criminal charge
Lewdness involving a child in Utah
Lewdness involving a child is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-420. 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. § 76-5-420.
What is the penalty for lewdness involving a child in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Lewdness involving a child — base offense — A violation of Subsection (2) is a class A misdemeanor except as provided in Subsection (3)(b).; 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 (Lewdness involving a child — base offense — A violation of Subsection (2) is a class A misdemeanor except as provided in Subsection (3)(b).; 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 (Lewdness involving a child — aggravated by sex offender status, prior conviction, concurrent offense, or wrong-sex privacy space — A violation of Subsection (2) is a third degree felony if the actor is a qualifying sex offender, has a prior conviction under this section, commits the violation while also committing certain enumerated lewdness/voyeurism/trespass offenses, or is in a sex-designated privacy space not designated for the actor's sex.; 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 (Lewdness involving a child — aggravated by sex offender status, prior conviction, concurrent offense, or wrong-sex privacy space — A violation of Subsection (2) is a third degree felony if the actor is a qualifying sex offender, has a prior conviction under this section, commits the violation while also committing certain enumerated lewdness/voyeurism/trespass offenses, or is in a sex-designated privacy space not designated for the actor's sex.; 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 lewdness involving a child classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Lewdness involving a child — base offense | Class A Misdemeanor | A violation of Subsection (2) is a class A misdemeanor except as provided in Subsection (3)(b). | Utah Code Ann. § 76-5-420(3)(a) |
| Lewdness involving a child — aggravated by sex offender status, prior conviction, concurrent offense, or wrong-sex privacy space | Third Degree Felony | A violation of Subsection (2) is a third degree felony if the actor is a qualifying sex offender, has a prior conviction under this section, commits the violation while also committing certain enumerated lewdness/voyeurism/trespass offenses, or is in a sex-designated privacy space not designated for the actor's sex. | Utah Code Ann. § 76-5-420(3)(b) |
Common questions about lewdness involving a child in Utah
Is lewdness involving a child a felony or a misdemeanor in Utah?
It depends on the circumstances: lewdness involving a child ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-420.
Lewdness involving a child — base offense: Class A Misdemeanor (Utah Code Ann. § 76-5-420(3)(a)) · Lewdness involving a child — aggravated by sex offender status, prior conviction, concurrent offense, or wrong-sex privacy space: Third Degree Felony (Utah Code Ann. § 76-5-420(3)(b))
What are the penalties for lewdness involving a child in Utah?
Which Utah statute covers lewdness involving a child?
Lewdness involving a child is governed by Utah Code Ann. § 76-5-420 (Lewdness involving a child).
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.