Utah statute

Utah Code Ann. § 76-4-205 — Criminal solicitation of a minor.

Current through 2026 General Session

Part of Part 2: Conspiracy, Solicitation, and Contributing to Delinquency, Utah Code.

Criminal charges under this statute

Criminal solicitation of a minor

Full text of Utah Code Ann. § 76-4-205

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-4-205Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Minor" means an individual who is younger than 18 years old. (1)(a)(ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits criminal solicitation of a minor if, with the intent that a felony or class A misdemeanor offense be committed, the actor solicits a minor to engage in specific conduct that, under the circumstances as the actor believes the circumstances to be, would be a felony or class A misdemeanor offense or would cause the minor to be a party to the commission of a felony or class A misdemeanor offense. (3) A violation of Subsection (2) is: (3)(a) a first degree felony if the actor solicits conduct that is a first degree felony; (3)(b) a second degree felony if the actor solicits conduct that is a second degree felony; (3)(c) a third degree felony if the actor solicits conduct that is a third degree felony; and (3)(d) a class A misdemeanor if the actor solicits conduct that is a class A misdemeanor. (4) An actor may be convicted under this section only if the solicitation is made under circumstances strongly corroborative of the actor's intent that the offense be committed. (5) It is not a defense to a violation of this section that: (5)(a) the minor: (5)(a)(i) does not agree to act upon the solicitation; (5)(a)(ii) does not commit an overt act; (5)(a)(iii) does not engage in conduct constituting a substantial step toward the commission of any offense; (5)(a)(iv) is not criminally responsible for the offense solicited; (5)(a)(v) was acquitted or the allegations about the minor in a delinquency petition were found to not be true; (5)(a)(vi) was not prosecuted, adjudicated, or convicted, or was convicted or adjudicated of a different offense or of a different type or degree of offense; or (5)(a)(vii) is immune from prosecution; or (5)(b) the actor: (5)(b)(i) belongs to a class of persons that by definition is legally incapable of committing the offense in an individual capacity; or (5)(b)(ii) fails to communicate with the minor that the actor solicits to commit an offense if the intent of the actor's conduct was to effect the communication. (6) Nothing in this section prevents an actor who otherwise solicits a minor to engage, or intentionally aids in a minor in engaging, in conduct that constitutes an offense from being prosecuted and convicted as a party to the offense under Section 76-2-202 if the minor actually commits the offense.

Official sources

Legal terms used in this section

Questions this section answers

Is criminal solicitation of a minor a felony or a misdemeanor in Utah?

It depends on the circumstances: criminal solicitation of a minor ranges from a Class A Misdemeanor to a First Degree Felony in Utah under Utah Code Ann. § 76-4-205.

Criminal solicitation of a minor — first degree felony solicited: First Degree Felony (Utah Code Ann. § 76-4-205(3)(a)) · Criminal solicitation of a minor — second degree felony solicited: Second Degree Felony (Utah Code Ann. § 76-4-205(3)(b)) · Criminal solicitation of a minor — third degree felony solicited: Third Degree Felony (Utah Code Ann. § 76-4-205(3)(c)) · Criminal solicitation of a minor — class A misdemeanor solicited: Class A Misdemeanor (Utah Code Ann. § 76-4-205(3)(d))

Which Utah statute covers criminal solicitation of a minor?

Criminal solicitation of a minor is governed by Utah Code Ann. § 76-4-205 (Criminal solicitation of a minor).

This reference is informational and is not legal advice.