Utah statute

Utah Code Ann. § 76-5-401.2 — Unlawful sexual conduct with a 16- or 17-year-old - Penalties - Limitations.

Current through 2026 General Session

Part of Part 4: Sexual Offenses, Utah Code.

Criminal charges under this statute

Unlawful sexual conduct with a 16- or 17-year-old

Full text of Utah Code Ann. § 76-5-401.2

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. § 76-5-401.2Primary source, current through the 2026 General Session

(1)(a) As used in this section: (1)(a)(i) "Female breast" means the same as that term is defined in Section 76-5-401.1. (1)(a)(ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1. (1)(a)(iii) "Minor" means an individual who is 16 years old or older, but younger than 18 years old, at the time the sexual conduct 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 commits unlawful sexual conduct with a minor if the actor: (2)(a)(i)(A) is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct; (2)(a)(i)(B) engages in any conduct listed in Subsection (2)(b); and (2)(a)(i)(C) knew or reasonably should have known the age of the minor; or (2)(a)(ii)(A) is 10 or more years older than the minor at the time of the sexual conduct; and (2)(a)(ii)(B) engages in any conduct listed in Subsection (2)(b). (2)(b) As used in Subsection (2)(a), "sexual conduct" refers to when the actor: (2)(b)(i) has sexual intercourse with the minor; (2)(b)(ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual; (2)(b)(iii)(A) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body; and (2)(b)(iii)(B) causes the penetration 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; or (2)(b)(iv) 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)(iv)(A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor; (2)(b)(iv)(B) touches the female breast of a minor; or (2)(b)(iv)(C) otherwise takes indecent liberties with the minor. (2)(c)(i) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). (2)(c)(ii) Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i). (2)(c)(iii) Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii). (3)(a) A violation of Subsection (2)(b)(i), (ii), or (iii) is a third degree felony. (3)(b) A violation of Subsection (2)(b)(iv) 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) forcible sexual abuse, in violation of Section 76-5-404; (4)(e) aggravated sexual assault, in violation of Section 76-5-405; or (4)(f) an attempt to commit an offense listed in Subsections (4)(a) through (e).

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.