H.B. 256

1

AGE OF VICTIM OF STATUTORY RAPE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lowell A. Nelson
5 AN ACT RELATING TO THE CRIMINAL CODE; INCREASING THE AGE LIMIT ON
6 STATUTORY RAPE AND OTHER OFFENSES AGAINST CHILDREN TO 18 YEARS;
7 AND MAKING TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-2-304.5, as last amended by Chapter 137, Laws of Utah 1996
11 76-5-401, as last amended by Chapter 88, Laws of Utah 1983
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-2-304.5 is amended to read:
14 76-2-304.5. Mistake as to victim's age not a defense.
15 (1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1;
16 rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section
17 76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; or sexual abuse of a child,
18 a violation of Section 76-5-404.1; or aggravated sexual abuse of a child, a violation of Subsection
19 76-5-404.1(3); or an attempt to commit any of those offenses, that the actor mistakenly believed
20 the victim to be [14] 18 years of age or older at the time of the alleged offense or was unaware of
21 the victim's true age.
22 (2) It is not a defense to the crime of unlawful sexual intercourse, a violation of Section
23 76-5-401, or an attempt to commit that crime, that the actor mistakenly believed the victim to be
24 [16] 18 years of age or older at the time of the alleged offense or was unaware of the victim's true
25 age.
26 Section 2. Section 76-5-401 is amended to read:
27 76-5-401. Unlawful sexual intercourse.

1 (1) A person commits unlawful sexual intercourse if, under circumstances not amounting
2 to a violation of Section 76-5-402, [Section] 76-5-402.1, or [Section] 76-5-405, that person has
3 sexual intercourse with a person, not that person's spouse, who is under [sixteen] 18 years of age.
4 (2) Unlawful sexual intercourse is a felony of the third degree except when at the time of
5 intercourse the actor is no more than three years older than the victim, in which case it is a class
6 B misdemeanor. Evidence that the actor was not more than three years older than the victim at the
7 time of the intercourse shall be raised by the defendant.




Legislative Review Note
as of 12-30-96 1:46 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -