Utah criminal charge
Unlawful adolescent sexual activity in Utah
Current through 2026 Utah legislative session
Unlawful adolescent sexual activity is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-401.3. 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. § 76-5-401.3.
What is the penalty for unlawful adolescent sexual activity in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Actor 17, adolescent 13 — An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 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 (Actor 17, adolescent 13 — An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | up to 5 years (Actor 16, adolescent 12 — An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 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 (Actor 16, adolescent 12 — An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Actor 16, adolescent 13 — An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.; 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 (Actor 16, adolescent 13 — An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Actor 14 or 15, adolescent 12 — An actor who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old.; 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 (Actor 14 or 15, adolescent 12 — An actor who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old.; 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 6 months (Actor 17, adolescent 14 — An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Actor 17, adolescent 14 — An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old.; 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 6 months (Actor 15, adolescent 13 — An actor who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Actor 15, adolescent 13 — An actor who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.; 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 90 days (Actor 12 or 13, adolescent 12 or 13 — An actor who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Actor 12 or 13, adolescent 12 or 13 — An actor who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old.; 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 90 days (Actor 14, adolescent 13 — An actor who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $750 (Actor 14, adolescent 13 — An actor who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.; 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 (High school actor exception, adolescent 13 — A violation of Subsection (2)(b), where an 18-year-old actor enrolled in high school engages in mutually agreed sexual activity with a 13-year-old adolescent, is a third degree felony.; 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 (High school actor exception, adolescent 13 — A violation of Subsection (2)(b), where an 18-year-old actor enrolled in high school engages in mutually agreed sexual activity with a 13-year-old adolescent, is a third degree felony.; 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 unlawful adolescent sexual activity classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Actor 17, adolescent 13 | Third Degree Felony | An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(i) |
| Actor 16, adolescent 12 | Third Degree Felony | An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(ii) |
| Actor 16, adolescent 13 | Class A Misdemeanor | An actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(iii) |
| Actor 14 or 15, adolescent 12 | Class A Misdemeanor | An actor who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(iv) |
| Actor 17, adolescent 14 | Class B Misdemeanor | An actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(v) |
| Actor 15, adolescent 13 | Class B Misdemeanor | An actor who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(vi) |
| Actor 12 or 13, adolescent 12 or 13 | Class C Misdemeanor | An actor who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(vii) |
| Actor 14, adolescent 13 | Class C Misdemeanor | An actor who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old. | Utah Code Ann. § 76-5-401.3(3)(a)(viii) |
| High school actor exception, adolescent 13 | Third Degree Felony | A violation of Subsection (2)(b), where an 18-year-old actor enrolled in high school engages in mutually agreed sexual activity with a 13-year-old adolescent, is a third degree felony. | Utah Code Ann. § 76-5-401.3(3)(b) |
Common questions about unlawful adolescent sexual activity in Utah
Is unlawful adolescent sexual activity a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful adolescent sexual activity ranges from a Class C Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-401.3.
Actor 17, adolescent 13: Third Degree Felony (Utah Code Ann. § 76-5-401.3(3)(a)(i)) · Actor 16, adolescent 12: Third Degree Felony (Utah Code Ann. § 76-5-401.3(3)(a)(ii)) · Actor 16, adolescent 13: Class A Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(iii)) · Actor 14 or 15, adolescent 12: Class A Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(iv)) · Actor 17, adolescent 14: Class B Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(v)) · Actor 15, adolescent 13: Class B Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(vi)) · Actor 12 or 13, adolescent 12 or 13: Class C Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(vii)) · Actor 14, adolescent 13: Class C Misdemeanor (Utah Code Ann. § 76-5-401.3(3)(a)(viii)) · High school actor exception, adolescent 13: Third Degree Felony (Utah Code Ann. § 76-5-401.3(3)(b))
What are the penalties for unlawful adolescent sexual activity in Utah?
Which Utah statute covers unlawful adolescent sexual activity?
Unlawful adolescent sexual activity is governed by Utah Code Ann. § 76-5-401.3 (Unlawful adolescent sexual activity - Penalties - 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.