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Utah criminal charge

Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity in Utah

Current through 2026 Utah legislative session

Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5d-211. 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. § 76-5d-211.

What is the penalty for sexual solicitation by an actor offering compensation to a child in exchange for sexual activity in Utah?

Penalties for Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity
PenaltyRangeBasisAuthority
Jail / prison1 years to 15 years (Base offense — adult or actor 18 or older — A violation of Subsection (2) is a second degree felony except as otherwise provided for actors under 18 years old.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $10,000 (Base offense — adult or actor 18 or older — A violation of Subsection (2) is a second degree felony except as otherwise provided for actors under 18 years old.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonup to 5 years (Juvenile actor — third degree felony tier — The actor is under 18 and either 17 years old with a child 13 or younger, or 16 years old with a child 12 or younger.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole)discretionaryUtah Code Ann. § 76-3-203
Fineup to $5,000 (Juvenile actor — third degree felony tier — The actor is under 18 and either 17 years old with a child 13 or younger, or 16 years old with a child 12 or younger.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-203
Jail / prisonJuvenile actor — class A misdemeanor tier — The actor is under 18 and falls into specified age combinations (e.g., 17/14, 16/13, 15/12-or-younger, 14/11-or-younger) with the child.; 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))discretionaryUtah Code Ann. § 76-3-204
Fineup to $2,500 (Juvenile actor — class A misdemeanor tier — The actor is under 18 and falls into specified age combinations (e.g., 17/14, 16/13, 15/12-or-younger, 14/11-or-younger) with the child.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 6 months (Juvenile actor — class B misdemeanor tier — The actor is under 18 and falls into specified age combinations (e.g., 17/15, 16/14, 15/13, 14/12, 13/11-or-younger, 12/10-or-younger) with the child.)discretionaryUtah Code Ann. § 76-3-204
Fineup to $1,000 (Juvenile actor — class B misdemeanor tier — The actor is under 18 and falls into specified age combinations (e.g., 17/15, 16/14, 15/13, 14/12, 13/11-or-younger, 12/10-or-younger) with the child.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204
Jail / prisonup to 90 days (Juvenile actor — class C misdemeanor tier — The actor is under 18 and falls into specified age combinations where the child is close in age or older relative to the actor (e.g., 17/16-or-17, 16/15-or-older, down to 12/11-or-older).)discretionaryUtah Code Ann. § 76-3-204
Fineup to $750 (Juvenile actor — class C misdemeanor tier — The actor is under 18 and falls into specified age combinations where the child is close in age or older relative to the actor (e.g., 17/16-or-17, 16/15-or-older, down to 12/11-or-older).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301))discretionaryUtah Code Ann. § 76-3-204

Applies to current (2026 General Session).

How is sexual solicitation by an actor offering compensation to a child in exchange for sexual activity classified in Utah?

The classification depends on the circumstances:

Classification variants for Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity
VariantClassificationWhen it appliesStatute
Base offense — adult or actor 18 or olderSecond Degree FelonyA violation of Subsection (2) is a second degree felony except as otherwise provided for actors under 18 years old.Utah Code Ann. § 76-5d-211(3)(a)
Juvenile actor — third degree felony tierThird Degree FelonyThe actor is under 18 and either 17 years old with a child 13 or younger, or 16 years old with a child 12 or younger.Utah Code Ann. § 76-5d-211(3)(b)(i)
Juvenile actor — class A misdemeanor tierClass A MisdemeanorThe actor is under 18 and falls into specified age combinations (e.g., 17/14, 16/13, 15/12-or-younger, 14/11-or-younger) with the child.Utah Code Ann. § 76-5d-211(3)(b)(ii)
Juvenile actor — class B misdemeanor tierClass B MisdemeanorThe actor is under 18 and falls into specified age combinations (e.g., 17/15, 16/14, 15/13, 14/12, 13/11-or-younger, 12/10-or-younger) with the child.Utah Code Ann. § 76-5d-211(3)(b)(iii)
Juvenile actor — class C misdemeanor tierClass C MisdemeanorThe actor is under 18 and falls into specified age combinations where the child is close in age or older relative to the actor (e.g., 17/16-or-17, 16/15-or-older, down to 12/11-or-older).Utah Code Ann. § 76-5d-211(3)(b)(iv)

Common questions about sexual solicitation by an actor offering compensation to a child in exchange for sexual activity in Utah

Is sexual solicitation by an actor offering compensation to a child in exchange for sexual activity a felony or a misdemeanor in Utah?

It depends on the circumstances: sexual solicitation by an actor offering compensation to a child in exchange for sexual activity ranges from a Class C Misdemeanor to a Second Degree Felony in Utah under Utah Code Ann. § 76-5d-211.

Base offense — adult or actor 18 or older: Second Degree Felony (Utah Code Ann. § 76-5d-211(3)(a)) · Juvenile actor — third degree felony tier: Third Degree Felony (Utah Code Ann. § 76-5d-211(3)(b)(i)) · Juvenile actor — class A misdemeanor tier: Class A Misdemeanor (Utah Code Ann. § 76-5d-211(3)(b)(ii)) · Juvenile actor — class B misdemeanor tier: Class B Misdemeanor (Utah Code Ann. § 76-5d-211(3)(b)(iii)) · Juvenile actor — class C misdemeanor tier: Class C Misdemeanor (Utah Code Ann. § 76-5d-211(3)(b)(iv))

What are the penalties for sexual solicitation by an actor offering compensation to a child in exchange for sexual activity in Utah?

Penalties for sexual solicitation by an actor offering compensation to a child in exchange for sexual activity in Utah depend on how it is classified — from a Class C Misdemeanor up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.

Which Utah statute covers sexual solicitation by an actor offering compensation to a child in exchange for sexual activity?

Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity is governed by Utah Code Ann. § 76-5d-211 (Sexual solicitation by an actor offering compensation to a child in exchange for sexual activity).

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.