Utah § 76-5-401.2 - Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
Full text of Utah Utah Code § 76-5-401.2 — Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations., with citation guidance and answers to common questions.
§ 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
Effective 5/7/2025 76-5-401.2.
Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.
(1)
(a)
As used in this section:
(i)
"Female breast" means the same as that term is defined in Section 76-5-401.1.
(ii)
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(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.
(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:
(i)
(A)
is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct;
(B)
engages in any conduct listed in Subsection (2)(b); and
(C)
knew or reasonably should have known the age of the minor; or
(ii)
(A)
is 10 or more years older than the minor at the time of the sexual conduct; and
(B)
engages in any conduct listed in Subsection (2)(b).
(b)
As used in Subsection (2)(a), "sexual conduct" refers to when the actor:
(i)
has sexual intercourse with the minor;
(ii)
engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual;
(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
(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
(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:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
(B)
touches the female breast of a minor; or
(C)
otherwise takes indecent liberties with the minor.
(c)
(i)
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(ii)
Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i).
(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.
(b)
A violation of Subsection (2)(b)(iv) is a class A misdemeanor.
(4)
The offenses referred to in Subsection (2)(a) are:
Frequently Asked Questions About Utah § 76-5-401.2
What does Utah Code § 76-5-401.2 cover?
Section 76-5-401.2 ("Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations.") 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 § 76-5-401.2?
A common citation format is "Utah Code § 76-5-401.2" (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 § 76-5-401.2 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.
