Utah Code § 76-2-304.5

Current with legislation effective through 3/21/2024

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

(1) It is not a defense to the crime of child kidnapping, a violation of Section 76-5-301.1; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy on a child, a violation of Section 76-5-403.1; sexual abuse of a child, a violation of Section 76-5-404.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; or an attempt to commit any of these 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.

(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401; sexual abuse of a minor, a violation of Section 76-5-401.1; or an attempt to commit either of these 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.

(3) It is not a defense to the crime of aggravated human trafficking, a violation of Section 76-5-310, aggravated human smuggling, a violation of Section 76-5-310.1, or human trafficking of a child, a violation of Section 76-5-308.5, 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.

(4) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Subsection 76-5-401.2(2)(a)(ii), 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.

(5) It is not a defense to any of the following crimes 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) patronizing a prostitute, a violation of Section 76-10-1303;

(b) aggravated exploitation of a prostitute, a violation of Section 76-10-1306; or

(c) sexual solicitation, a violation of Section 76-10-1313.

Utah Code § 76-2-304.5

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.