Full text of Utah Utah Code § 76-5-401.3 — Unlawful adolescent sexual activity -- Penalties -- Limitations., with citation guidance and answers to common questions.
§ 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
As used in this section, "adolescent" means an individual who is 12 years old or older but younger than 18 years old.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
Under circumstances not amounting to an offense listed in Subsection (5), an actor commits unlawful sexual activity if:
(a)
(i)
the actor is 12 years old or older but younger than 18 years old;
(ii)
the actor engages in sexual activity with an adolescent;
(iii)
the actor is not the biological sibling of the adolescent; and
(iv)
both the actor and the adolescent mutually agree to the sexual activity; or
(b)
(i)
the actor engages in sexual activity with an adolescent who is 13 years old;
(ii)
the actor is 18 years old and enrolled in high school at the time that the sexual activity occurred;
(iii)
the actor is not the biological sibling of the adolescent; and
(iv)
both the actor and the adolescent mutually agree to the sexual activity.
(3)
(a)
A violation of Subsection (2)(a) is a:
(i)
third degree felony if an actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(ii)
third degree felony if an actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(iii)
class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(iv)
class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old;
(v)
class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old;
(vi)
class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old;
(vii)
class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and
(viii)
class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old.
(b)
A violation of Subsection (2)(b) is a third degree felony.
(4)
The actor and the adolescent do not mutually agree to the sexual activity under Subsection (2) if:
(a)
the adolescent expresses lack of agreement to the sexual activity through words or conduct;
(b)
the actor overcomes the adolescent's will through:
(i)
threats to the adolescent or any other individual;
(ii)
force;
(iii)
coercion; or
(iv)
enticement;
(c)
the actor is able to overcome the adolescent through concealment or by the element of surprise;
(d)
the actor knows, or reasonably should know, that the adolescent has a mental disease or defect, which renders the adolescent unable to:
(i)
appraise the nature of the act;
(ii)
resist the act;
(iii)
understand the possible consequences to the adolescent's health or safety; or
(iv)
appraise the nature of the relationship between the actor and the adolescent;
(e)
the actor knows that the adolescent participates in the sexual activity because the adolescent erroneously believes that the actor is someone else; or
(f)
the actor intentionally impaired the power of the adolescent to appraise or control the adolescent's conduct by administering any substance without the adolescent's knowledge.
an attempt to commit an offense listed in Subsections (5)(a) through (e).
(6)
An offense under this section is not eligible for a nonjudicial adjustment under Section 80-6-303.5 or a referral to a youth court under Section 80-6-902.
(7)
Except for an offense that is transferred to a district court by the juvenile court in accordance with Section 80-6-504, the district court may enter any sentence or combination of sentences that would have been available in juvenile court but for the delayed reporting or delayed filing of the information in the district court.
Frequently Asked Questions About Utah § 76-5-401.3
What does Utah Code § 76-5-401.3 cover?
Section 76-5-401.3 ("Unlawful adolescent sexual activity -- 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 § 76-5-401.3?
A common citation format is "Utah Code § 76-5-401.3" (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 § 76-5-401.3 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.
