Utah criminal charge
Unlawful sexual activity with a minor in Utah
Unlawful sexual activity with a minor is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-401. 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.
What is the penalty for unlawful sexual activity with a minor in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Unlawful sexual activity with a minor — base offense — A violation of Subsection (2) is generally 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 (Unlawful sexual activity with a minor — base offense — A violation of Subsection (2) is generally 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 |
| Jail / prison | up to 6 months (Unlawful sexual activity with a minor — close-in-age or high school mitigating factor — The offense is a class B misdemeanor if the defendant proves by a preponderance of the evidence that the defendant is less than four years older than the minor, or is 18 years old and enrolled in high school, at the time of the sexual activity.) | discretionary | Utah Code Ann. § 76-3-204 |
| Fine | up to $1,000 (Unlawful sexual activity with a minor — close-in-age or high school mitigating factor — The offense is a class B misdemeanor if the defendant proves by a preponderance of the evidence that the defendant is less than four years older than the minor, or is 18 years old and enrolled in high school, at the time of the sexual activity.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
| Jail / prison | Unlawful sexual activity with a minor — under 21 mitigating factor — The offense is a class A misdemeanor if the defendant proves by a preponderance of the evidence that the defendant was younger than 21 years old at the time of the sexual activity.; 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 (Unlawful sexual activity with a minor — under 21 mitigating factor — The offense is a class A misdemeanor if the defendant proves by a preponderance of the evidence that the defendant was younger than 21 years old at the time of the sexual activity.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is unlawful sexual activity with a minor classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful sexual activity with a minor — base offense | Third Degree Felony | A violation of Subsection (2) is generally a third degree felony. | Utah Code Ann. § 76-5-401(3)(a) |
| Unlawful sexual activity with a minor — close-in-age or high school mitigating factor | Class B Misdemeanor | The offense is a class B misdemeanor if the defendant proves by a preponderance of the evidence that the defendant is less than four years older than the minor, or is 18 years old and enrolled in high school, at the time of the sexual activity. | Utah Code Ann. § 76-5-401(3)(b) |
| Unlawful sexual activity with a minor — under 21 mitigating factor | Class A Misdemeanor | The offense is a class A misdemeanor if the defendant proves by a preponderance of the evidence that the defendant was younger than 21 years old at the time of the sexual activity. | Utah Code Ann. § 76-5-401(3)(c) |
Common questions about unlawful sexual activity with a minor in Utah
Is unlawful sexual activity with a minor a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful sexual activity with a minor ranges from a Class B Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-401.
Unlawful sexual activity with a minor — base offense: Third Degree Felony (Utah Code Ann. § 76-5-401(3)(a)) · Unlawful sexual activity with a minor — close-in-age or high school mitigating factor: Class B Misdemeanor (Utah Code Ann. § 76-5-401(3)(b)) · Unlawful sexual activity with a minor — under 21 mitigating factor: Class A Misdemeanor (Utah Code Ann. § 76-5-401(3)(c))
What are the penalties for unlawful sexual activity with a minor in Utah?
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.