S.B. 131

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AGE OF VICTIM FOR UNLAWFUL SEXUAL
2 INTERCOURSE
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LeRay McAllister
6 AN ACT RELATING TO THE CRIMINAL CODE; CHANGING THE AGE OF THE VICTIM
7 IN DETERMINING THE CRIME OF UNLAWFUL SEXUAL INTERCOURSE; AND
8 PROVIDING EXCEPTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
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 76-5-401 is amended to read:
14 76-5-401. Unlawful sexual intercourse.
15 (1) A person commits unlawful sexual intercourse if, under circumstances not amounting
16 to a violation of Section 76-5-402, [Section 76-5-402.1] 76-5-402.2, 76-5-403, or [Section]
17 76-5-405, that person has sexual intercourse with a person, not that person's spouse, who is [under
18 sixteen] 14 years of age or older, but younger than 16 years of age.
19 (2) A person commits unlawful sexual intercourse if, under circumstances not amounting
20 to a violation of Section 76-5-402, 76-5-402.2, 76-5-403, or 76-5-405, that person has sexual
21 intercourse with a person, not that person's spouse, who is 16 years of age or older, but younger
22 than 18 years of age, and the actor is ten or more years older than the victim.
23 [(2)] (3) Unlawful sexual intercourse is a felony of the third degree except when at the time
24 of intercourse the actor is no more than three years older than the victim, in which case it is a class
25 B misdemeanor. Evidence that the actor was not more than three years older than the victim at the
26 time of the intercourse shall be raised by the defendant.

Legislative Review Note
as of 1-12-98 12:58 PM

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

Office of Legislative Research and General Counsel

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