Title 76, Title 76: Criminal Offenses

76-5-303. Custodial interference. (1) As used in this section: "Child" means an individual under 18 years old. "Custody" means court-ordered physical custody entered by a court of competent jurisdiction. "Visitation" means court-ordered parent-time or visitation entered by a cour…

76-5-303.5. Notification of conviction of custodial interference. (1) As used in this section: "Convicted" means a conviction by plea or verdict or adjudication in juvenile court of a crime or offense. "Convicted" includes: a plea of guilty or guilty with a mental condition; a pl…

76-5-304. Unlawful detention and unlawful detention of a minor. (1) As used in this section: Acting "against the will of an individual" includes acting without the consent of the legal guardian, caretaker, or custodian of an individual who is: a dependent adult; or a minor who is…

76-5-305. Defenses to certain offenses concerning kidnapping, custodial interference, and unlawful detention. (1) It is a defense to an offense listed in Subsectionthat: (2) the actor was acting under a reasonable belief that: the conduct was necessary to protect any individual f…

76-5-308. Human trafficking for labor. (1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defined in Section. 76-5-308.1 "Extortion" means an …

76-5-308.1. Human trafficking for commercial sexual exploitation. (1) As used in this section: "Commercial sexual act" means participating in an act of sexual activity with another individual for which anything of value is offered, given to, or received by any individual. "Commer…

76-5-308.5. Human trafficking of a child for labor. (1) As used in this section: "Child" means an individual who is younger than 18 years old. "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means th…

76-5-308.6. Human trafficking of a child for commercial sexual exploitation. (1) As used in this section: "Child" means an individual who is younger than 18 years old. "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually expli…

76-5-309. Criminal liability based on benefiting from human trafficking or human smuggling. (1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-5-307 (2) An actor is a party to the offense if the actor benefits, receives, or exchanges anything of value from knowi…

76-5-310. Aggravated human trafficking for labor. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits aggravated human trafficking for labor if, in the course of committing an offense of human trafficking for labor under Section, the offense: 76-5-3…

76-5-310.2. Aggravated human trafficking for commercial sexual exploitation. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits aggravated human trafficking for commercial sexual exploitation if, in the course of committing an offense of human traf…

76-5-311. Human trafficking of a vulnerable adult for labor. (1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defined in Section. 76-5-308.1…

76-5-312. Human trafficking of a vulnerable adult for commercial sexual exploitation. (1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defin…

76-5-313. Patronizing a victim of human labor trafficking. (1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defined in Section. 76-5-308.1 "…

76-5-314. Patronizing a child victim of human labor trafficking. (1) As used in this section: "Child" means an individual who is younger than 18 years old. "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performa…

76-5-315. Patronizing a vulnerable adult victim of human labor trafficking. (1) As used in this section: "Commercial sexual act" means the same as that term is defined in Section. 76-5-308.1 "Commercial sexually explicit performance" means the same as that term is defined in Sect…

76-5-316. Human smuggling. (1) As used in this section: "Commercial purpose" includes direct or indirect participation in, or facilitation of, the transportation of one or more individuals for the purpose of: charging or obtaining a fee, or attempting to charge or obtain a fee, f…

76-5-317. Aggravated human smuggling. (1) As used in this section, "family member" means an individual's parent, grandparent, sibling, or other individual related to the individual by consanguinity or affinity to the second degree. Terms defined in Sectionapply to this section. 7…

76-5-401. Unlawful sexual activity with a minor -- Penalties -- Evidence of age raised by defendant -- Limitations. (1) 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 S…

76-5-401.1. Sexual abuse of a minor. (1) As used in this section: "Female breast" means the undeveloped, partially developed, or developed breast of a female individual. "Indecent liberties" means: the actor touching another individual's genitals, anus, buttocks, pubic area, or f…

76-5-401.2. Unlawful sexual conduct with a 16- or 17-year-old -- Penalties -- Limitations. (1) As used in this section: "Female breast" means the same as that term is defined in Section. 76-5-401.1 "Indecent liberties" means the same as that term is defined in Section. 76-5-401.1…

76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations. (1) As used in this section, "adolescent" means an individual who is 12 years old or older but younger than 18 years old. Terms defined in Sectionapply to this section. 76-1-101.5 (2) Under circumstances…

76-5-402. Rape. (1) As used in this section, "incapacitated individual" means: an individual 14 years old or older with: an intellectual disease or defect; a physical disease or defect; a neurological disease or defect; or a cognitive disease or defect; and as a result of the dis…

76-5-402.1. Rape of a child -- Penalties. (1) As used in this section: "Child" means an individual who is younger than 14 years old. "Sexual intercourse" means: any touching skin-to-skin, however slight, of an individual's genitals to another individual's genitals; or any penetra…

76-5-402.2. Object rape. (1) As used in this section, "incapacitated individual" means the same as that term is defined in Section. 76-5-402 Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits object rape if: the actor: acts without an individual's cons…

76-5-402.3. Object rape of a child -- Penalty. (1) As used in this section: "Child" means an individual who is younger than 14 years old. "Masturbatory contact" means the stimulation or attempted stimulation of an individual's genitals or pubic area by another individual. Terms d…

76-5-403. Forcible sodomy. (1) As used in this section: "Incapacitated individual" means the same as that term is defined in Section. 76-5-402 "Sodomy" means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and th…

76-5-403.1. Sodomy on a child -- Penalties. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits sodomy on a child if: the actor engages in any sexual act upon or with another individual; the individual is younger than 14 years old; and the sexual ac…

76-5-404. Forcible sexual abuse -- Penalties -- Limitations. (1) As used in this section: "Female breast" means the same as that term is defined in Section 76-5-401.1 "Indecent liberties" means the same as that term is defined in Section. 76-5-401.1 Terms defined in Sectionapply …

76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations. (1) As used in this section: "Adult" means an individual 18 years old or older. "Child" means an individual younger than 14 years old. "Female breast" means the same as that term is defined in Section. 76-5-401.1 "I…

76-5-404.3. Aggravated sexual abuse of a child -- Penalties. (1) As used in this section: "Adult" means the same as that term is defined in Section. 76-5-404.1 "Child" means the same as that term is defined in Section. 76-5-404.1 "Position of special trust" means the same as that…

76-5-405. Aggravated sexual assault -- Penalty. (1) Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits aggravated sexual assault if: in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor: uses, or threatens another …

76-5-406. Sexual offenses against the victim without consent of victim -- Circumstances. (1) As used in this section: "Health professional" means an individual who is licensed or who holds the individual out to be licensed, or who otherwise provides professional physical or menta…

76-5-406.3. Applicability of sentencing provisions. A person convicted of a violation of Section, child kidnaping; Section, aggravated kidnaping; Section, rape of a child; Section, object rape of a child; Section, sodomy on a child; Section, aggravated sexual abuse of a child; or…

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 an attempted violation of Section, rape of a child, Section, object rape of a child, Section, sodomy on a child, or Sectio…

76-5-407. Consensual conduct in marriage. The provisions of this part do not apply to consensual conduct between individuals married to each other.

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 se…

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 credibil…

76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations. (1) As used in this section: "Actor" means: a law enforcement officer, as defined in Section; 53-13-103 a correctional officer, as defined in Section; 53-13-104 a special function officer, as defined i…

76-5-412.2. Custodial sexual misconduct -- Penalties -- Defenses. (1) As used in this section: "Actor" means the same as that term is defined in Section. 76-5-412 "Female breast" means the same as that term is defined in Section. 76-5-401.1 "Indecent liberties" means the same as …

76-5-412.4. Custodial solicitation of sexually explicit conduct from a person in custody. (1) As used in this section: "Actor" means the same as that term is defined in Section. 76-5-412 "Person in custody" means an individual who is: 18 years old or older; and otherwise meets th…

76-5-413. Custodial sexual relations with youth receiving state services -- Penalties -- Defenses and limitations. (1) As used in this section: "Actor" means: an individual employed by the Department of Health and Human Services created in Section, or an employee of a private pro…

76-5-413.2. Custodial sexual misconduct with a youth receiving state services -- Penalties -- Defenses and limitations. (1) As used in this section: "Actor" means the same as that term is defined in Section. 76-5-413 "Department" means the same as that term is defined in Section.…

76-5-415. Educator's license subject to action for violation of this part. Commission of any offense under this, other than Section,,, or, by an educator as defined in Section, is grounds under Sectionfor disciplinary action against the educator, including revocation of the educa…

76-5-416.2. Unlawful kissing of a child. (1) As used in this section, "child" means an individual who is under 14 years old. Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits unlawful kissing of a child if the actor: is 18 years old or older; and inte…

76-5-416.4. Unlawful kissing of a minor. (1) As used in this section, "minor" means an individual who is 14 years old or older but younger than 18 years old. Terms defined in Sectionapply to this section. 76-1-101.5 (2) An actor commits unlawful kissing of a minor if the actor: i…