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First Substitute S.B. 131

Senator LeRay McAllister proposes to substitute the following bill:


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AGE OF VICTIM FOR UNLAWFUL

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SEXUAL CONDUCT

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1998 GENERAL SESSION

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STATE OF UTAH

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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:
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


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. 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.

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