Effective 5/4/2022
76-5-401.1. Sexual abuse of a minor — Penalties — Limitations.
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, buttocks, or female breast;
- (C) simulating or pretending to engage in sexual intercourse with another individual, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
- (D) causing an individual to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.
- (ii) “Minor” means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection (2) occurred.
- (i) “Indecent liberties” means:
- (b) Terms defined in Section 76-1-101.5 apply to this section.
- (a) As used in this section:
- (2)
- (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a minor if the actor:
- (i) is four years or more older than the minor; and
- (ii) with the intent to cause substantial emotional or bodily pain to any individual, or with the intent to arouse or gratify the sexual desire of any individual:
- (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
- (B) touches the breast of a female minor; or
- (C) otherwise takes indecent liberties with the minor.
- (b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
- (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a minor if the actor:
- (3) A violation of Subsection (2)(a) is:
- (a) a class A misdemeanor; and
- (b) not subject to registration under Subsection 77-41-102(17)(a)(viii) on a first offense if the offender was younger than 21 years old at the time of the offense.
- (4) The offenses referred to in Subsection (2)(a) are:
- (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
- (b) rape, in violation of Section 76-5-402;
- (c) object rape, in violation of Section 76-5-402.2;
- (d) forcible sodomy, in violation of Section 76-5-403;
- (e) aggravated sexual assault, in violation of Section 76-5-405; or
- (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
Amended by Chapter 181, 2022 General Session