Title 76, Criminal Offenses

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

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

76-5-304. Unlawful detention and unlawful detention of a minor. (1)(a) As used in this section: (i) 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) a dependent adult; or (B)…

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

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

76-5-308.1. Human trafficking for commercial sexual exploitation. (1)(a) As used in this section: (i) "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. …

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

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

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

76-5-310. Aggravated human trafficking for labor. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated human trafficking for labor if, in the course of committing an offense of human trafficking for labor under Section 76-5-308, the offen…

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

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

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

76-5-313. Patronizing a victim of human labor trafficking. (1)(a) As used in this section: (i) "Commercial sexual act" means the same as that term is defined in Section 76-5-308.1. (ii) "Commercial sexually explicit performance" means the same as that term is defined in Section 7…

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

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

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

76-5-317. Aggravated human smuggling. (1)(a) 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. (b) Terms defined in Section 76-1-101.5 apply…

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

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

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

76-5-402. Rape. (1)(a) As used in this section, "incapacitated individual" means: (i) an individual 14 years old or older with: (A) an intellectual disease or defect; (B) a physical disease or defect; (C) a neurological disease or defect; or (D) a cognitive disease or defect; and…

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

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

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

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

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

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

76-5-404.1. 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) "Female breast" means the same as that term is defined in Sect…

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

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

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

76-5-406.3. Applicability of sentencing provisions. A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a c…

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 76-5-402.1, rape of a child, Section 76-5-402.3, object rape of a child, Section 76-5-40…

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)(a) As used in this section: (i) "Actor" means: (A) a law enforcement officer, as defined in Section 53-13-103; (B) a correctional officer, as defined in Section 53-13-104; (C) a special function of…

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

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

76-5-413. Custodial sexual relations with youth receiving state services -- Penalties -- Defenses and limitations. (1)(a) As used in this section: (i) "Actor" means: (A) an individual employed by the Department of Health and Human Services created in Section 26B-1-201, or an empl…

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

76-5-415. Educator's license subject to action for violation of this part. Commission of any offense under this Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420, by an educator as defined in Section 53E-6-102, is grounds u…

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

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