This guide is here to explain Utah’s sexual offense laws. It explains how the law categorizes these crimes, outlines the associated penalties, and describes the progression of cases through the system. We also give you the full picture: not just the high-profile crimes like rape, but also lesser-known offenses involving teenagers, technology, authority figures, and more.
Why Utah’s Sexual Offense Laws Are So Complicated
Utah doesn’t treat all sex crimes the same. Laws vary depending on:
- The age of the people involved
- Was it consensual and was consent legally possible
- The relationship between the individuals
- Whether force, coercion, or authority was used
- The nature of the act — physical, virtual, or verbal
These laws are spread across dozens of statutes, mostly under Title 76, Chapter 5, Part 4 of the Utah Criminal Code, with some in other sections.
How Utah Classifies Sexual Offenses
To make sense of it all, we’ve grouped the statutes into five broad categories. Each offense links to a deeper article (coming soon):
Crimes Involving Minors
Some of the harshest penalties are reserved for crimes involving children or teens. Even consensual activity between minors can fall under criminal law.
- §76-5-401 – Unlawful sexual activity with a minor (14–15 years old)
- §76-5-401.1 – Sexual abuse of a minor
- §76-5-401.2 – Unlawful sexual conduct with a 16- or 17-year-old
- §76-5-401.3 – Unlawful adolescent sexual activity (peer-based)
- §76-5-402.1 – Rape of a child
- §76-5-402.3 – Object rape of a child
- §76-5-403.1 – Sodomy on a child
- §76-5-404.1 – Sexual abuse of a child
- §76-5-404.3 – Aggravated sexual abuse of a child
- §76-5-416.2 & §416.4 – Unlawful kissing of a child or minor
- §76-5-423 & §424 – Sexual activity with a child or minor using virtual reality
Non-Consensual or Forcible Offenses
These are what most people think of when they hear “sexual assault.”
- §76-5-402 – Rape
- §76-5-402.2 – Object rape
- §76-5-403 – Forcible sodomy
- §76-5-404 – Forcible sexual abuse
- §76-5-405 – Aggravated sexual assault
- §76-5-406 – Lack of consent under specific circumstances
Custodial & Authority-Based Crimes
These involve power dynamics — guards, teachers, or caregivers taking advantage of someone in their care.
- §76-5-412 – Custodial sexual relations
- §76-5-412.2 – Custodial sexual misconduct
- §76-5-412.4 – Soliciting sexual conduct from someone in custody
- §76-5-413 & §413.2 – Sexual misconduct with youth receiving state services
- §76-5-422 – Sexual relations with an adult high school student
Public Conduct, Exposure, and Solicitation
These offenses deal with behavior in public or directed at others.
- §76-5-417 – Enticing a minor
- §76-5-418 – Sexual battery
- §76-5-419 – Lewdness
- §76-5-420 – Lewdness involving a child
- §76-5-421 – Indecent exposure of another
Rules About Consent, Testimony & Professional Consequences
- §76-5-407 – Marital consent does not excuse sexual offenses
- §76-5-409 & §410 – Child victims can testify, and their statements may be used
- §76-5-415 – Educator licenses can be revoked for violations
Penalties: What’s at Stake
Most sexual offenses in Utah are classified as felonies. Penalties vary widely, but here’s a general idea:
- 1st-degree felony: 5 years to life in prison
- 2nd-degree felony: 1 to 15 years in prison
- Sex offender registration: Mandatory in most cases
- Fines: Up to $10,000
- Parole conditions: Restricted housing, jobs, and contact with minors
Aggravating factors — like weapons, prior convictions, or victim injury — can raise the level of a charge.
How a Sexual Offense Case Moves Through the System
Understanding the process helps you know what to expect:
- Investigation – Often starts with a report or tip
- Arrest – If probable cause exists
- Formal charges – Filed by the prosecutor
- Preliminary hearing – To determine if there’s enough to proceed
- Trial or plea deal – Depending on the evidence and strategy
- Sentencing – Based on guidelines and statutory minimums
You always have the right to an attorney. Victims also have legal rights, including protection and access to services.
Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an experienced and skilled criminal defense attorney for help with your specific situation.