Utah Code § 76-2-304.5

Current with legislation effective through 3/21/2024

Section 76-2-304.5 - [Effective 5/1/2024] Mistake as to victim's age not a defense

(1) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age :

(a) child kidnapping, Section 76-5-301.1;

(b) rape of a child, Section 76-5-402.1;

(c) object rape of a child, Section 76-5-402.3;

(d) sodomy on a child, Section 76-5-403.1;

(e) sexual abuse of a child, Section 76-5-404.1;

(f) aggravated sexual abuse of a child, Section 76-5-404.3;

(g) unlawful kissing of a child, Section 76-5-416.2; or

(h) an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).

(2) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim's true age :

(a) unlawful sexual activity with a minor, Section 76-5-401;

(b) sexual abuse of a minor, Section 76-5-401.1; or

(c) an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).

(3) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age :

(a) human trafficking of a child, Section 76-5-308.5;

(b) aggravated human trafficking, Section 76-5-310;

(c) aggravated human smuggling, Section 76-5-310.1;

(d) unlawful sexual conduct with a minor, Subsection 76-5-401.2(2)(a)(ii);

(e) patronizing a prostitute, Section 76-10-1303;

(f) aggravated exploitation of prostitution, Section 76-10-1306; or

(g) sexual solicitation, Section 76-10-1313.

Utah Code § 76-2-304.5

Amended by Chapter TBD, 2024 General Session ,§ 1, eff. 5/1/2024.

Amended by Chapter 181, 2022 General Session ,§ 4, eff. 5/4/2022.

Amended by Chapter 194, 2016 General Session ,§ 1, eff. 5/10/2016.

Amended by Chapter 196, 2013 General Session ,§ 2, eff. 5/14/2013.

Amended by Chapter 34, 2013 General Session ,§ 1, eff. 3/22/2013.

Amended by Chapter 149, 2003 General Session

This section is set out more than once due to postponed, multiple, or conflicting amendments.