Section 412 – Custodial sexual relations — Penalties — Defenses and limitations.
Effective 5/4/2022 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 […]
Section 412.2 – Custodial sexual misconduct — Penalties — Defenses.
Effective 5/4/2022 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) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1. (iii) “Person in custody” means the same as that term is […]
Section 413 – Custodial sexual relations with youth receiving state services — Penalties — Defenses and limitations.
Effective 7/1/2022 76-5-413. Custodial sexual relations with youth receiving state services — Penalties — Defenses and limitations. (1) (a) As used in this section: (i) “Actor” means: (A) an individual employed by the Department of Health and Human Services created in Section 26B-1-201, or an employee of a private provider or contractor; or (B) an […]
Section 413.2 – Custodial sexual misconduct with a youth receiving state services — Penalties — Defenses and limitations.
Effective 5/4/2022 76-5-413.2. Custodial sexual misconduct with a youth receiving state services — Penalties — Defenses and limitations. (1) (a) As used in this section: (i) “Actor” means the same as that term is defined in Section 76-5-413. (ii) “Department” means the same as that term is defined in Section 76-5-413. (iii) “Indecent liberties” means […]
Section 414 – Child conceived as a result of sexual offense — Custody and parent-time.
76-5-414. Child conceived as a result of sexual offense — Custody and parent-time. (1) A person convicted of a violation of Title 76, Chapter 5, Part 4, Sexual Offenses, except for Sections 76-5-401 and 76-5-401.2, that results in conception of a child may not be granted custody or parent-time rights by a court regarding the […]
Section 415 – Educator’s license subject to action for violation of this part.
Effective 3/22/2018 76-5-415. Educator’s license subject to action for violation of this part. Commission of any offense under this Title 76, Chapter 5, Part 4, Sexual Offenses, by an educator as defined in Section 53E-6-102, is grounds under Section 53E-6-604 for disciplinary action against the educator, including revocation of the educator’s license. Amended by Chapter […]
Section 406.5 – Circumstances required for probation or suspension of sentence for certain sex offenses against a child.
Effective 5/4/2022 76-5-406.5. Circumstances required for probation or suspension of sentence for certain sex offenses against a child. (1) In a case involving a conviction for a violation of Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; or any attempt to commit a felony […]
Section 407 – Consensual conduct in marriage.
Effective 5/4/2022 76-5-407. Consensual conduct in marriage. The provisions of this part do not apply to consensual conduct between individuals married to each other. Amended by Chapter 181, 2022 General Session
Section 409 – Corroboration of admission by child’s statement.
76-5-409. Corroboration of admission by child’s statement. (1) Notwithstanding any provision of law requiring corroboration of admissions or confessions, and notwithstanding any prohibition of hearsay evidence, a child’s statement indicating in any manner the occurrence of the sexual offense involving the child is sufficient corroboration of the admission or the confession regardless of whether or […]
Section 410 – Child victim of sexual abuse as competent witness.
76-5-410. Child victim of sexual abuse as competent witness. A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony. Amended by Chapter 74, 1985 […]