Section 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 of special trust” means:
      • (A) an adoptive parent;
      • (B) an athletic manager who is an adult;
      • (C) an aunt;
      • (D) a babysitter;
      • (E) a coach;
      • (F) a cohabitant of a parent if the cohabitant is an adult;
      • (G) a counselor;
      • (H) a doctor or physician;
      • (I) an employer;
      • (J) a foster parent;
      • (K) a grandparent;
      • (L) a legal guardian;
      • (M) a natural parent;
      • (N) a recreational leader who is an adult;
      • (O) a religious leader;
      • (P) a sibling or a stepsibling who is an adult;
      • (Q) a scout leader who is an adult;
      • (R) a stepparent;
      • (S) a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older;
      • (T) an instructor, professor, or teaching assistant at a public or private institution of higher education;
      • (U) an uncle;
      • (V) a youth leader who is an adult; or
      • (W) any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue influence over the child.
  • (b) Terms defined in Section 76-1-101.5 apply to this section.

• (2)
  • (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a child if the actor:
    • (i)
      • (A) touches the anus, buttocks, pubic area, or genitalia of any child;
      • (B) touches the breast of a female child; or
      • (C) otherwise takes indecent liberties with a child; and
    • (ii) the actor’s conduct is with intent to:
      • (A) cause substantial emotional or bodily pain to any individual; or
      • (B) to arouse or gratify the sexual desire of any individual.
  • (b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).

• (3) A violation of Subsection (2) is a second degree felony.

• (4) The offenses referred to in Subsection (2)(a) are:
  • (a) rape of a child, in violation of Section 76-5-402.1;
  • (b) object rape of a child, in violation of Section 76-5-402.3;
  • (c) sodomy on a child, in violation of Section 76-5-403.1; or
  • (d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).

• (5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Amended by Chapter 181, 2022 General Session