Effective 5/4/2022 76-5-401. Unlawful sexual activity with a minor — Penalties — Evidence of age raised by defendant — Limitations. (1) (a) As used in this section, “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. […]
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, […]
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 […]
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 […]
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) […]
Effective 5/4/2022 76-5-402.1. Rape of a child — Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits rape of a child if the actor has sexual intercourse with an individual who is younger than 14 years old. (b) Any touching, however slight, is sufficient to constitute the relevant […]
Effective 5/4/2022 76-5-402.2. Object rape — Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits object rape if: (a) the actor: (i) acts without an individual’s consent; (ii) causes the penetration, however slight, of the genital or anal opening of the individual by: (A) a foreign object; (B) a […]
Effective 5/4/2022 76-5-402.3. Object rape of a child — Penalty. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits object rape of a child if: (i) the actor causes the penetration or touching, however slight, of the genital or anal opening of the individual by, except as provided in […]
Effective 5/4/2022 76-5-403. Forcible sodomy — Penalties. (1) (a) As used in this section, “sodomy” means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and the mouth or anus of another individual. (b) Terms defined in Section 76-1-101.5 apply to this section. […]
Effective 5/4/2022 76-5-403.1. Sodomy on a child — Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits sodomy on a child if: (i) the actor engages in any sexual act upon or with another individual; (ii) the individual is younger than 14 years old; and (iii) the sexual […]
Effective 5/4/2022 76-5-404. Forcible sexual abuse — Penalties — Limitations. (1) (a) As used in this section, “indecent liberties” means the same as that term is defined in Section 76-5-401.1. (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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
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 […]
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 […]
