Full text of Utah Utah Code § 76-5-412.2 — Custodial sexual misconduct -- Penalties -- Defenses., with citation guidance and answers to common questions.
§ 76-5-412.2. Custodial sexual misconduct -- Penalties -- Defenses.
Effective 5/7/2025 76-5-412.2.
Custodial sexual misconduct -- Penalties -- Defenses.
(1)
(a)
As used in this section:
(i)
"Actor" means the same as that term is defined in Section 76-5-412.
(ii)
"Female breast" means the same as that term is defined in Section 76-5-401.1.
(iii)
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(iv)
"Person in custody" means the same as that term is defined in Section 76-5-412.
(v)
"Private provider or contractor" means the same as that term is defined in Section 76-5-412.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
An actor commits custodial sexual misconduct if:
(i)
the actor commits any of the acts under Subsection (2)(b) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection 76-5-412(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.
(b)
Acts referred to in Subsection (2)(a) are the following acts when committed with the intent to cause substantial emotional or bodily pain to another individual or with the intent to arouse or gratify the sexual desire of any individual:
(i)
touching the anus, buttocks, pubic area, or any part of the genitals of a person in custody;
(ii)
touching the female breast of a person in custody; or
(iii)
otherwise taking indecent liberties with a person in custody.
(3)
(a)
A violation of Subsection (2) is a class A misdemeanor.
(b)
Notwithstanding Subsection (3)(a), if the person in custody is younger than 18 years old, a violation of Subsection (2) is a third degree felony.
(c)
If the act committed under Subsection (2) 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.
(4)
(a)
It is not a defense to the commission of, or attempt to commit, the offense described in 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).
(5)
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 223, 2025 General Session Amended by Chapter 320, 2025 General Session
Frequently Asked Questions About Utah § 76-5-412.2
What does Utah Code § 76-5-412.2 cover?
Section 76-5-412.2 ("Custodial sexual misconduct -- Penalties -- Defenses.") 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 § 76-5-412.2?
A common citation format is "Utah Code § 76-5-412.2" (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 § 76-5-412.2 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.
