Utah § 76-2-304.5 - Mistake as to victim's age not a defense.
Full text of Utah Utah Code § 76-2-304.5 — Mistake as to victim's age not a defense., with citation guidance and answers to common questions.
§ 76-2-304.5. Mistake as to victim's age not a defense.
Effective 5/6/2026 76-2-304.5.
Mistake as to victim's age not a defense.
(1)
It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age:
aggravated sexual abuse of a child, Section 76-5-404.3;
(g)
unlawful kissing of a child, Section 76-5-416.2; or
(h)
an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).
(2)
It is not a defense to the following offenses that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim's true age:
(a)
unlawful sexual activity with a minor, Section 76-5-401;
an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).
(3)
It is not a defense to the following offenses that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age:
(a)
human trafficking of a child for labor, Section 76-5-308.5;
(b)
human trafficking of a child for commercial sexual exploitation, Section 76-5-308.6;
Frequently Asked Questions About Utah § 76-2-304.5
What does Utah Code § 76-2-304.5 cover?
Section 76-2-304.5 ("Mistake as to victim's age not a defense.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-2-304.5?
A common citation format is "Utah Code § 76-2-304.5" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-2-304.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
