Utah criminal charge
Custodial sexual misconduct with a youth receiving state services in Utah
Custodial sexual misconduct with a youth receiving state services is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-413.2. 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. § 76-5-413.2.
What is the penalty for custodial sexual misconduct with a youth receiving state services in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Custodial sexual misconduct with a youth receiving state services (adult youth) — A violation of Subsection (2) is classified as a class A misdemeanor by default.; 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 (Custodial sexual misconduct with a youth receiving state services (adult youth) — A violation of Subsection (2) is classified as a class A misdemeanor by default.; 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 (Custodial sexual misconduct with a youth receiving state services (youth under 18) — A violation of Subsection (2) is a third degree felony if the youth receiving state services is younger than 18 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 (Custodial sexual misconduct with a youth receiving state services (youth under 18) — A violation of Subsection (2) is a third degree felony if the youth receiving state services is younger than 18 years old.; 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 custodial sexual misconduct with a youth receiving state services classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Custodial sexual misconduct with a youth receiving state services (adult youth) | Class A Misdemeanor | A violation of Subsection (2) is classified as a class A misdemeanor by default. | Utah Code Ann. § 76-5-413.2(3)(a) |
| Custodial sexual misconduct with a youth receiving state services (youth under 18) | Third Degree Felony | A violation of Subsection (2) is a third degree felony if the youth receiving state services is younger than 18 years old. | Utah Code Ann. § 76-5-413.2(3)(b) |
Common questions about custodial sexual misconduct with a youth receiving state services in Utah
Is custodial sexual misconduct with a youth receiving state services a felony or a misdemeanor in Utah?
It depends on the circumstances: custodial sexual misconduct with a youth receiving state services ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-413.2.
Custodial sexual misconduct with a youth receiving state services (adult youth): Class A Misdemeanor (Utah Code Ann. § 76-5-413.2(3)(a)) · Custodial sexual misconduct with a youth receiving state services (youth under 18): Third Degree Felony (Utah Code Ann. § 76-5-413.2(3)(b))
What are the penalties for custodial sexual misconduct with a youth receiving state services in Utah?
Penalties for custodial sexual misconduct with a youth receiving state services in Utah depend on how it is classified — from a Class A Misdemeanor up to a Third Degree Felony — with the ranges set by Utah Code Ann. § 76-3-204 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers custodial sexual misconduct with a youth receiving state services?
Custodial sexual misconduct with a youth receiving state services is governed by Utah Code Ann. § 76-5-413.2 (Custodial sexual misconduct with a youth receiving state services - Penalties - Defenses and 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.