This statute exists to prevent exploitation, especially when one person has influence or authority over the other. But it also catches people off guard — especially when relationships appear consensual and drama-free. Here’s what this charge means, when it applies, and what happens if someone is accused.
What This Law Is Designed to Prevent
Utah’s law targets situations where a 16- or 17-year-old is involved in a sexual relationship with someone who:
- Is 10 or more years older, or
- Is in a position of special trust (like a teacher, coach, religious leader, boss, or caretaker)
Even if the teen consents to the relationship, the law may still treat it as illegal. The reason? The state assumes that the older person may have too much influence or power over the younger one — making real consent questionable.
What Counts as Sexual Conduct?
The law covers a wide range of actions, including:
- Sexual touching
- Oral sex
- Intercourse
- Any act intended to arouse or gratify sexual desire
The law doesn’t require that the relationship be long-term, secret, or coercive. Even one encounter can lead to charges.
Who This Law Applies To
This statute often comes into play in:
- Relationships between an adult and a high school student
- Encounters between a young person and someone in a trusted role (like a youth group leader or employer)
- Situations involving age gaps of 10 years or more
Even if there’s no formal authority or supervision, a 27-year-old in a sexual relationship with a 17-year-old could still face charges based on age alone.
Penalties
Penalties can vary based on circumstances. Typically, this charge is a:
- Class A misdemeanor or
- Third-degree felony, depending on the nature of the contact and whether there were aggravating factors
Conviction can result in:
- Up to 5 years in prison (for felonies)
- Jail time (for misdemeanors)
- Fines and court fees
- Mandatory sex offender registration in some cases
Common Scenarios
- A 30-year-old coach has a sexual relationship with a 17-year-old athlete. Even if consensual, the coach is in a position of trust.
- A 28-year-old meets a 16-year-old online, and they exchange sexual messages and meet in person. The age gap alone triggers the law.
- A 35-year-old employer and 17-year-old intern begin a relationship. The authority element makes the conduct unlawful.
What Doesn’t Work as a Defense
- “They were almost 18.”
- “They wanted it too.”
- “Their parents knew about it.”
- “It was just messaging — we didn’t do anything.”
The law doesn’t allow exceptions for near-birthday situations or parental approval. If the facts fit the statute, charges can be filed.
What to Do If You’re Accused
This charge carries serious weight, and handling it the right way matters.
If you’re under investigation or charged:
- Do not contact the teen or their family.
- Avoid sharing or deleting digital evidence.
- Speak with a defense attorney who understands sex crime cases.
Even if you think the relationship was harmless, the law may not see it that way.
Final Thought
Sexual relationships involving 16- and 17-year-olds are legally tricky in Utah. Age alone isn’t always enough to avoid trouble — especially when influence, trust, or a large age gap is involved.
Whether the relationship was brief or long-standing, the law is written to protect teens from power imbalances. And once charges are filed, the consequences can be lasting.
Understanding how this statute works is critical. So is responding quickly and carefully if you’re facing accusations.