H.B. 72 Enrolled

UNLAWFUL SEXUAL ACTIVITY WITH A
MINOR
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Greg J. Curtis
Perry Buckner

AN ACT RELATING TO THE CRIMINAL CODE; ESTABLISHING THE CRIME OF
UNLAWFUL SEXUAL ACTIVITY WITH A MINOR AND PROVIDING PENALTIES;
REPEALING CRIME OF UNLAWFUL SEXUAL INTERCOURSE; ESTABLISHING THE
CRIME OF SEXUAL ABUSE OF A MINOR; AND PROVIDING PENALTIES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
76-5-401.1, Utah Code Annotated 1953
REPEALS AND REENACTS:
76-5-401, as last amended by Chapter 88, Laws of Utah 1983
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-401 is repealed and reenacted to read:
76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidence
of age raised by defendant.
(1) For purposes of this section "minor" is a person who is 14 years of age or older, but
younger than 16 years of age, at the time the sexual activity described in this section occurred.
(2) A person commits unlawful sexual activity with a minor if, under circumstances not
amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section
76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in
violation of Section 76-5-405, the actor:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of one person and the
mouth or anus of another person, regardless of the sex of either participant; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by

any foreign object, substance, instrument, or device, including a part of the human body, with the
intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or
gratify the sexual desire of any person, regardless of the sex of any participant.
(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by
a preponderance of the evidence the mitigating factor that the defendant is less than four years older
than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.
Section 2. Section 76-5-401.1 is enacted to read:
76-5-401.1. Sexual abuse of a minor.
(1) For purposes of this section "minor" is a person who is 14 years of age or older, but
younger than 16 years of age, at the time the sexual activity described in this section occurred.
(2) A person commits sexual abuse of a minor if the person is seven years or more older than
the minor and, under circumstances not amounting to rape, in violation of Section 76-5-402, object
rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403,
aggravated sexual assault, in violation of Section 76-5-405, unlawful sexual activity with a minor,
in violation of Section 76-5-401, or an attempt to commit any of those offenses, the person touches
the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor,
or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with
the actor or another person, with the intent to cause substantial emotional or bodily pain to any
person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of
any participant.
(3) A violation of this section is a class A misdemeanor.

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