Utah criminal charge
Unlawful sexual conduct with a 16- or 17-year-old in Utah
Unlawful sexual conduct with a 16- or 17-year-old is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-401.2. 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. § 76-5-401.2.
What is the penalty for unlawful sexual conduct with a 16- or 17-year-old in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Sexual intercourse, oral-genital or anal-genital contact, or foreign object penetration with a 16- or 17-year-old — Applies when the conduct constitutes sexual intercourse, a sexual act involving the genitals and mouth or anus, or penetration by a foreign object as described in Subsection (2)(b)(i), (ii), or (iii).; 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 (Sexual intercourse, oral-genital or anal-genital contact, or foreign object penetration with a 16- or 17-year-old — Applies when the conduct constitutes sexual intercourse, a sexual act involving the genitals and mouth or anus, or penetration by a foreign object as described in Subsection (2)(b)(i), (ii), or (iii).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | Indecent liberties or touching with intent to arouse, gratify, or cause pain — Applies when the actor touches the anus, buttocks, pubic area, genitals, or female breast of the minor, or otherwise takes indecent liberties with the minor, as described in Subsection (2)(b)(iv).; 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 (Indecent liberties or touching with intent to arouse, gratify, or cause pain — Applies when the actor touches the anus, buttocks, pubic area, genitals, or female breast of the minor, or otherwise takes indecent liberties with the minor, as described in Subsection (2)(b)(iv).; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-204 |
Applies to current (2026 General Session).
How is unlawful sexual conduct with a 16- or 17-year-old classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual intercourse, oral-genital or anal-genital contact, or foreign object penetration with a 16- or 17-year-old | Third Degree Felony | Applies when the conduct constitutes sexual intercourse, a sexual act involving the genitals and mouth or anus, or penetration by a foreign object as described in Subsection (2)(b)(i), (ii), or (iii). | Utah Code Ann. § 76-5-401.2(3)(a) |
| Indecent liberties or touching with intent to arouse, gratify, or cause pain | Class A Misdemeanor | Applies when the actor touches the anus, buttocks, pubic area, genitals, or female breast of the minor, or otherwise takes indecent liberties with the minor, as described in Subsection (2)(b)(iv). | Utah Code Ann. § 76-5-401.2(3)(b) |
Common questions about unlawful sexual conduct with a 16- or 17-year-old in Utah
Is unlawful sexual conduct with a 16- or 17-year-old a felony or a misdemeanor in Utah?
It depends on the circumstances: unlawful sexual conduct with a 16- or 17-year-old ranges from a Class A Misdemeanor to a Third Degree Felony in Utah under Utah Code Ann. § 76-5-401.2.
Sexual intercourse, oral-genital or anal-genital contact, or foreign object penetration with a 16- or 17-year-old: Third Degree Felony (Utah Code Ann. § 76-5-401.2(3)(a)) · Indecent liberties or touching with intent to arouse, gratify, or cause pain: Class A Misdemeanor (Utah Code Ann. § 76-5-401.2(3)(b))
What are the penalties for unlawful sexual conduct with a 16- or 17-year-old in Utah?
Penalties for unlawful sexual conduct with a 16- or 17-year-old 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. § 76-3-203 and Utah Code Ann. § 76-3-204; the full table of ranges by variant is published on this page.
Which Utah statute covers unlawful sexual conduct with a 16- or 17-year-old?
Unlawful sexual conduct with a 16- or 17-year-old is governed by Utah Code Ann. § 76-5-401.2 (Unlawful sexual conduct with a 16- or 17-year-old - Penalties - 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.