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Utah statute

Utah Code Ann. § 76-5-423 — Unlawful sexual activity with a child using virtual reality.

Current through 2026 General Session

Part of Part 4: Sexual Offenses, Utah Code.

Criminal charges under this statute

Full text of Utah Code Ann. § 76-5-423

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. § 76-5-423Primary source, current through the 2026 General Session
(1)(a) As used in this section: (1)(a)(i) "Avatar" means a three-dimensional character that represents a human user in a virtual reality environment. (1)(a)(ii) "Child" means an individual who is younger than 14 years old. (1)(a)(iii) "Haptic technology" means technology that can create an experience of touch by applying force, vibration, or motion to the human user. (1)(a)(iv) "Virtual reality" means a three-dimensional environment in which the human user is fully immersed in a computer-generated simulation through the use of an avatar, regardless of whether the human user is using haptic technology. (1)(b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits unlawful sexual activity with a child using virtual reality if the actor: (2)(a) is 18 years old or older; (2)(b) knows that the human user of an avatar is a child; and (2)(c) for the purpose of arousing or gratifying the sexual desire of any individual, intentionally uses the actor's avatar to engage in sexual activity or simulated sexual activity with the child's avatar involving: (2)(c)(i) the genitals, pubic area, or anus of the actor's avatar or the child's avatar; and (2)(c)(ii) the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the child's avatar. (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony. (3)(b) A violation of Subsection (2) is a class A misdemeanor if the actor is less than 10 years older than the child. (4) Consent of the child to engage in the sexual activity is not a defense to a violation of Subsection (2).

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful sexual activity with a child using virtual reality a felony or a misdemeanor in Utah?

It depends on the circumstances: unlawful sexual activity with a child using virtual reality ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-423.

Unlawful sexual activity with a child using virtual reality — standard: Third Degree Felony (Utah Code Ann. § 76-5-423(3)(a)) · Unlawful sexual activity with a child using virtual reality — small age gap: Class A Misdemeanor (Utah Code Ann. § 76-5-423(3)(b))

Which Utah statute covers unlawful sexual activity with a child using virtual reality?

Unlawful sexual activity with a child using virtual reality is governed by Utah Code Ann. § 76-5-423 (Unlawful sexual activity with a child using virtual reality).

This reference is informational and is not legal advice.