76-5-401 - Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidence of age raised by defendant. - Utah Statutes

76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidenceof age raised by defendant.
(1) For purposes of this section "minor" is a person who is 14 years of age or older, butyounger 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 notamounting to rape, in violation of Section 76-5-402, object rape, in violation of Section76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, inviolation 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 themouth 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 byany foreign object, substance, instrument, or device, including a part of the human body, with theintent to cause substantial emotional or bodily pain to any person or with the intent to arouse orgratify 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 establishesby a preponderance of the evidence the mitigating factor that the defendant is less than four yearsolder than the minor at the time the sexual activity occurred, in which case it is a class Bmisdemeanor.

Repealed and Re-enacted by Chapter 82, 1998 General Session