First Substitute S.B. 131

Senator LeRay McAllister proposes to substitute the following bill:

1 AGE OF VICTIM FOR UNLAWFUL
2 SEXUAL CONDUCT
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LeRay McAllister
6 AN ACT RELATING TO THE CRIMINAL CODE; ESTABLISHING THE CRIME OF
7 UNLAWFUL SEXUAL CONDUCT WITH A 16 OR 17 YEAR OLD.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 76-5-401.2, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-5-401.2 is enacted to read:
13 76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
14 (1) For purposes of this section "minor" means a person who is 16 years of age or older,
15 but younger than 18 years of age, at the time the sexual conduct described in this section occurred.
16 (2) A person commits unlawful sexual conduct with a minor if, under circumstances not
17 amounting to rape, in violation of Section 76-5-402 , object rape, in violation of Section
18 76-5-402.2 , forcible sodomy, in violation of Section 76-5-403 , or aggravated sexual assault, in
19 violation of Section 76-5-405 , the actor h , WHO IS TEN OR MORE YEARS OLDER THAN THE MINOR
19a AT THE TIME OF THE SEXUAL CONDUCT h :
20 (a) has sexual intercourse with the minor;
21 (b) engages in any sexual act with the minor involving the genitals of one person and the
22 mouth or anus of another person, regardless of the sex of either participant; or
23 (c) causes the penetration, however slight, of the genital or anal opening of the minor by
24 any foreign object, substance, instrument, or device, including a part of the human body, with the
25 intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or

lilac-February 23, 1998

1 gratify the sexual desire of any person, regardless of the sex of any participant.
2 (3) A violation of Subsection (2) is a third degree felony. h [ It is a defense to prosecution
3 under this section that the defendant has established by a preponderance of the evidence that, at
4 the time the sexual conduct occurred, the defendant was less than 10 years older than the minor. ] h























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lilac-February 23, 1998