Title 76, Criminal Offenses

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 …

76-5-417. Enticing a minor to engage in sexual activity. (1)(a) As used in this section: (i) "Minor" means an individual who is under 18 years old. (ii) "Electronic communication" means the same as that term is defined in Section 76-12-201. (iii) "Electronic communication device"…

76-5-418. Sexual battery. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits sexual battery if, under circumstances not amounting to an offense described in Subsection (4): (a) the actor intentionally touches, whether or not through clothing: (i) …

76-5-419. Lewdness. (1)(a) As used in this section: (i) "Common area of a privacy space" means any area of a privacy space other than: (A) a toilet stall with a closed door; (B) immediately in front of a urinal during use; or (C) a shower stall with a closed door or other closed …

76-5-420. Lewdness involving a child. (1)(a) As used in this section: (i) "Child" means an individual younger than 14 years old. (ii) "Common area of a privacy space" means the same as that term is defined in Section 76-5-419. (iii) "In the presence of" includes within visual con…

76-5-421. Indecent exposure of another individual. (1)(a) As used in this section: (i) "First responder" means the same as that term is defined in Section 34A-2-102. (ii) "Health care professional" means the same as that term is defined in Section 53-3-207. (b) Terms defined in S…

76-5-422. Sexual relations with an adult high school student. (1)(a) As used in this section: (i) "Actor" means an individual who is 21 years old or older. (ii) "Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school. (iii) "High sc…

76-5-423. Unlawful sexual activity with a child using virtual reality. (1)(a) As used in this section: (i) "Avatar" means a three-dimensional character that represents a human user in a virtual reality environment. (ii) "Child" means an individual who is younger than 14 years old…

76-5-424. Unlawful sexual activity with a minor using virtual reality. (1)(a) As used in this section: (i) "Avatar" means the same as that term is defined in Section 76-5-423. (ii) "Haptic technology" means the same as that term is defined in Section 76-5-423. (iii) "Minor" means…

76-5-701. Female genital mutilation definition. (1) As used in this part, "female genital mutilation" means any procedure that involves partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including: (a) clitoridectomy; (b) …

76-5-702. Prohibition on female genital mutilation -- Exceptions. (1) Terms defined in Sections 76-1-101.5 and 76-5-701 apply to this section. (2) An actor commits female genital mutilation if the actor: (a) performs a procedure described in Section 76-5-701 on a female under 18 …

76-5-704. Civil cause of action. (1) An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of: (a) the procedure being performed; or (b) the victim's 1…

76-5-801. Definitions. As used in this part, "ancient human remains" means the same as that term is defined in Section 9-8a-302.

76-5-802. Abuse or desecration of a dead human body. (1)(a) As used in this section, "sexual penetration" means the penetration, however slight, of the genital or anal opening by any object, substance, instrument, or device, including a part of the human body, or penetration invo…

76-5-803. Failure to report the finding of a dead human body. (1) Terms defined in Sections 76-1-101.5 and 76-5-801 apply to this section. (2) An actor commits failure to report the finding of a dead human body if the actor: (a) finds a dead human body; and (b) intentionally fail…

76-5b-102. Legislative determinations -- Purpose of chapter. (1) The Legislature of Utah determines that: (a) the sexual exploitation of a minor is excessively harmful to the minor's physiological, emotional, social, and mental development; (b) the sexual exploitation of a vulner…

76-5b-103. Definitions. As used in this chapter: (1) "Apparent child sexual abuse material" means a visual depiction, generated or created through the use of artificial intelligence or generative artificial intelligence, or any other means, of a minor engaging in, observing, or b…

76-5b-201. Sexual exploitation of a minor -- Offenses. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits sexual exploitation of a minor when the actor knowingly possesses, views, accesses with the intent to view, or maintains access with the inte…

76-5b-201. Sexual exploitation of a minor -- Offenses. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits sexual exploitation of a minor when the actor knowingly possesses, views, accesses with the intent to view, or maintains access with the inte…

76-5b-201.1. Aggravated sexual exploitation of a minor. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated sexual exploitation of a minor if the actor: (a) knowingly distributes or produces child sexual abuse material; or (b) is the min…

76-5b-202. Sexual exploitation of a vulnerable adult -- Offenses. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits sexual exploitation of a vulnerable adult if the actor: (a)(i)(A) knowingly produces, possesses, or possesses with intent to distr…

76-5b-203. Distribution of an intimate image -- Penalty. (1)(a) As used in this section: (i) "Intimate image" means any visual depiction, photograph, film, video, recording, picture, or computer or computer-generated image, picture, or video, whether made or produced by electroni…

76-5b-203.5. Misuse of intimate image during a criminal action. (1)(a) As used in this section: (i) "Criminal action" means the same as that term is defined in Section 77-1-3. (ii) "Intimate image" means the same as that term is defined in Section 76-5b-203. (b) Terms defined in …