Utah § 76-5-412 - Custodial sexual relations -- Penalties -- Defenses and limitations.
Full text of Utah Utah Code § 76-5-412 — Custodial sexual relations -- Penalties -- Defenses and limitations., with citation guidance and answers to common questions.
§ 76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations.
Effective 5/3/2023 76-5-412.
Custodial sexual relations -- Penalties -- Defenses and limitations.
(1)
(a)
As used in this section:
(i)
"Actor" means:
(A)
a law enforcement officer, as defined in Section 53-13-103;
(B)
a correctional officer, as defined in Section 53-13-104;
(C)
a special function officer, as defined in Section 53-13-105; or
(D)
an employee of, or private provider or contractor for, the Department of Corrections or a county jail.
(ii)
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(iii)
"Person in custody" means an individual, either an adult 18 years old or older, or a minor younger than 18 years old, who is:
(A)
a prisoner, as defined in Section 76-5-101, and includes a prisoner who is in the custody of the Department of Corrections created under Section 64-13-2, but who is being housed at the Utah State Hospital established under Section 26B-5-302 or other medical facility;
(B)
under correctional supervision, such as at a work release facility or as a parolee or probationer; or
(C)
under lawful or unlawful arrest, either with or without a warrant.
(iv)
"Private provider or contractor" means a person that contracts or enters into a memorandum of understanding with a governmental or private entity to provide services or functions that are part of the operation of the Department of Corrections or a county jail under state or local law.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
An actor commits custodial sexual relations if the actor commits any of the acts under Subsection (2)(b):
(i)
under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection (4); and
(ii)
(A)
the actor knows that the individual is a person in custody; or
(B)
a reasonable person in the actor's position should have known under the circumstances that the individual was a person in custody.
having sexual intercourse with a person in custody;
(ii)
engaging in a sexual act with a person in custody involving the genitals of one individual and the mouth or anus of another individual; or
(iii)
(A)
causing the penetration, however slight, of the genital or anal opening of a person in custody by any foreign object, substance, instrument, or device, including a part of the human body; and
(B)
intending to cause substantial emotional or bodily pain to any individual.
(c)
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3)
(a)
A violation of Subsection (2) is a third degree felony.
(b)
Notwithstanding Subsection (3)(a), if the person in custody is younger than 18 years old, a violation of Subsection (2) is a second degree felony.
(c)
If the act committed under Subsection (3) amounts to an offense subject to a greater penalty under another provision of state law than is provided under this Subsection (3), this Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
It is not a defense to the commission of, or the attempt to commit, the offense of custodial sexual relations under Subsection (2) if the person in custody is younger than 18 years old, that the actor:
(i)
mistakenly believed the person in custody to be 18 years old or older at the time of the alleged offense; or
(ii)
was unaware of the true age of the person in custody.
(b)
Consent of the person in custody is not a defense to any violation or attempted violation of Subsection (2).
(6)
It is a defense that the commission by the actor of an act under Subsection (2) is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
Amended by Chapter 322, 2023 General Session Amended by Chapter 330, 2023 General Session
Section 76-5-412 ("Custodial sexual relations -- Penalties -- Defenses and 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 § 76-5-412?
A common citation format is "Utah Code § 76-5-412" (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 § 76-5-412 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.
