Utah Code § 76-5-404.1

Current with legislation effective through 3/21/2024

Section 76-5-404.1 - [Effective Until 5/1/2024] 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.

Utah Code § 76-5-404.1

Amended by Chapter 181, 2022 General Session ,§ 88, eff. 5/4/2022.

Amended by Chapter 146, 2019 General Session ,§ 1, eff. 5/14/2019.

Amended by Chapter 192, 2018 General Session ,§ 4, eff. 5/8/2018.

Amended by Chapter 135, 2014 General Session ,§ 4, eff. 5/13/2014.

Amended by Chapter 141, 2014 General Session ,§ 2, eff. 5/13/2014.

Amended by Chapter 196, 2013 General Session ,§ 8, eff. 5/14/2013.

Amended by Chapter 81, 2013 General Session ,§ 10, eff. 5/14/2013.

Amended by Chapter 339, 2007 General Session

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