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Utah statute

Utah Code Ann. § 76-5-401 — Unlawful sexual activity with a minor - Penalties - Evidence of age raised by defendant - Limitations.

Current through 2026 General Session

Part of Part 4: Sexual Offenses, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-5-401

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. § 76-5-401Primary source, current through the 2026 General Session
(1)(a) As used in this section, "minor" means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection (2) occurred. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor 18 years old or older commits unlawful sexual activity with a minor if the actor: (2)(a)(i) has sexual intercourse with the minor; (2)(a)(ii) engages in any sexual act with the minor involving the genitals of an individual and the mouth or anus of another individual; or (2)(a)(iii) causes the penetration, however slight, of the genital or anal opening of the minor by a foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual. (2)(b) Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a)(ii). (3)(a) A violation of Subsection (2) is a third degree felony. (3)(b) Notwithstanding Subsection (3)(a) or (c), a violation of Subsection (2) is a class B misdemeanor if the defendant establishes by a preponderance of the evidence the mitigating factor that: (3)(b)(i) the defendant is less than four years older than the minor at the time the sexual activity occurred; or (3)(b)(ii) the defendant is 18 years old and enrolled in high school at the time the sexual activity occurred. (3)(c) Notwithstanding Subsection (3)(a), if the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant was younger than 21 years old at the time the sexual activity occurred, the offense is a class A misdemeanor. (4) The offenses referred to in Subsection (2)(a) are: (4)(a) rape, in violation of Section 76-5-402; (4)(b) object rape, in violation of Section 76-5-402.2; (4)(c) forcible sodomy, in violation of Section 76-5-403; (4)(d) aggravated sexual assault, in violation of Section 76-5-405; or (4)(e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Utah statute covers unlawful sexual activity with a minor?

Unlawful sexual activity with a minor is governed by Utah Code Ann. § 76-5-401 (Unlawful sexual activity with a minor - Penalties - Evidence of age raised by defendant - Limitations).

This reference is informational and is not legal advice.