Section 404.1 – Sexual abuse of a child — Penalties — Limitations.
Effective 5/4/2022 76-5-404.1. Sexual abuse of a child — Penalties — Limitations. (1) (a) As used in this section: (i) “Adult” means an individual 18 years old or older. (ii) “Child” means an individual younger than 14 years old. (iii) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1. (iv) “Position […]
Section 404.3 – Aggravated sexual abuse of a child — Penalties.
Effective 5/4/2022 76-5-404.3. Aggravated sexual abuse of a child — Penalties. (1) (a) As used in this section: (i) “Adult” means the same as that term is defined in Section 76-5-404.1. (ii) “Child” means the same as that term is defined in Section 76-5-404.1. (iii) “Position of special trust” means the same as that term […]
Section 405 – Aggravated sexual assault — Penalty.
Effective 5/4/2022 76-5-405. Aggravated sexual assault — Penalty. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated sexual assault if: (a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor: (i) uses, or threatens another individual with the use of, a dangerous […]
Section 406 – Sexual offenses against the victim without consent of victim — Circumstances.
Effective 5/12/2020 76-5-406. Sexual offenses against the victim without consent of victim — Circumstances. (1) As used in this section: (a) “Health professional” means an individual who is licensed or who holds the individual out to be licensed, or who otherwise provides professional physical or mental health services, diagnosis, treatment, or counseling, including an athletic […]
Section 406.3 – Applicability of sentencing provisions.
Effective 5/4/2022 76-5-406.3. Applicability of sentencing provisions. A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; 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; Section 76-5-404.3, aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault […]
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 401.1 – Sexual abuse of a minor — Penalties — Limitations.
Effective 5/4/2022 76-5-401.1. Sexual abuse of a minor — Penalties — Limitations. (1) (a) As used in this section: (i) “Indecent liberties” means: (A) the actor touching another individual’s genitals, anus, buttocks, pubic area, or female breast; (B) causing any part of an individual’s body to touch the actor’s or another’s genitals, pubic area, anus, […]
Section 401.2 – Unlawful sexual conduct with a 16- or 17-year-old — Penalties — Limitations.
Effective 5/4/2022 76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old — Penalties — Limitations. (1) (a) As used in this section: (i) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1. (ii) “Minor” means an individual who is 16 years old or older, but younger than 18 years old, at […]
Section 401.3 – Unlawful adolescent sexual activity — Penalties — Limitations.
Effective 5/4/2022 76-5-401.3. Unlawful adolescent sexual activity — Penalties — Limitations. (1) (a) As used in this section, “adolescent” means an individual in the transitional phase of human physical and psychological growth and development between childhood and adulthood who is 12 years old or older, but younger than 18 years old. (b) Terms defined in […]
Section 402 – Rape — Penalties.
Effective 5/4/2022 76-5-402. Rape — Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits rape if the actor has sexual intercourse with another individual without the individual’s consent. (b) Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). (c) […]