Section 76-5-401.3 - Unlawful adolescent sexual activity - Penalties - Limitations(1) (a) As used in this section, "adolescent" means an individual who is 12 years old or older but younger than 18 years old. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) Under circumstances not amounting to an offense listed in Subsection (5), an actor commits unlawful sexual activity if: (a) (i) the actor is 12 years old or older but younger than 18 years old; (ii) the actor engages in sexual activity with an adolescent; (iii) the actor is not the biological sibling of the adolescent; and (iv) both the actor and the adolescent mutually agree to the sexual activity; or (b) (i) the actor engages in sexual activity with an adolescent who is 13 years old; (ii) the actor is 18 years old and enrolled in high school at the time that the sexual activity occurred; (iii) the actor is not the biological sibling of the adolescent; and (iv) both the actor and the adolescent mutually agree to the sexual activity. (3) (a) A violation of Subsection (2)(a) is a: (i) third degree felony if an actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old; (ii) third degree felony if an actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old; (iii) class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old; (iv) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 years old; (v) class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent sexual activity with an adolescent who is 14 years old; (vi) class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old; (vii) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years old; and (viii) class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent sexual activity with an adolescent who is 13 years old. (b) A violation of Subsection (2)(b) is a third degree felony. (4) The actor and the adolescent do not mutually agree to the sexual activity under Subsection (2) if: (a) the adolescent expresses lack of agreement to the sexual activity through words or conduct; (b) the actor overcomes the adolescent's will through: (i) threats to the adolescent or any other individual; (c) the actor is able to overcome the adolescent through concealment or by the element of surprise; (d) the actor knows, or reasonably should know, that the adolescent has a mental disease or defect, which renders the adolescent unable to: (i) appraise the nature of the act; (iii) understand the possible consequences to the adolescent's health or safety; or (iv) appraise the nature of the relationship between the actor and the adolescent; (e) the actor knows that the adolescent participates in the sexual activity because the adolescent erroneously believes that the actor is someone else; or (f) the actor intentionally impaired the power of the adolescent to appraise or control the adolescent's conduct by administering any substance without the adolescent's knowledge. (5) The offenses referred to in Subsection (2) are: (a) rape under Section 76-5-402; (b) object rape under Section 76-5-402.2; (c) forcible sodomy under Section 76-5-403; (d) aggravated sexual assault under Section 76-5-405; (e) incest under Section 76-7-102; or (f) an attempt to commit an offense listed in Subsections (5)(a) through (e). (6) An offense under this section is not eligible for a nonjudicial adjustment under Section 80-6-303.5 or a referral to a youth court under Section 80-6-902. (7) Except for an offense that is transferred to a district court by the juvenile court in accordance with Section 80-6-504, the district court may enter any sentence or combination of sentences that would have been available in juvenile court but for the delayed reporting or delayed filing of the information in the district court. (8) An offense under this section is not subject to registration under Subsection 77-41-102(18). Amended by Chapter TBD, 2024 General Session ,§ 16, eff. 5/1/2024.Amended by Chapter TBD, 2024 General Session ,§ 6, eff. 5/1/2024.Amended by Chapter TBD, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 123, 2023 General Session ,§ 4, eff. 5/3/2023.Amended by Chapter 161, 2023 General Session ,§ 15, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 80, eff. 5/4/2022.Amended by Chapter 262, 2021 General Session ,§ 76, eff. 9/1/2021.Amended by Chapter 214, 2020 General Session ,§ 29, eff. 5/12/2020.Added by Chapter 397, 2017 General Session ,§ 3, eff. 5/9/2017.