The text
Sec. 14-250. - Definitions; violations.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Minor means an individual who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in subsection (b) of this section occurred.
Terms defined in U.C.A. 1953, § 76-1-101.5 apply to this section.
(b)
(1)
Under circumstances not amounting to an offense listed in subsection (d) of this section, an actor 18 years of age or older commits unlawful sexual activity with a minor if the actor:
a.
Has sexual intercourse with the minor;
b.
Engages in any sexual act with the minor involving the genitals of an individual and the mouth or anus of another individual; or
c.
Causes the penetration, however slight, of the genital or anal opening of the minor by a foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual.
(2)
Any touching, however slight, is sufficient to constitute the relevant element of a violation of subsection (b)(1)c of this section.
(c)
(1)
A violation of subsection (b) of this section is a third degree felony.
(2)
a.
Notwithstanding subsection (c)(1) or (3) of this section, if the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less than four years older than the minor at the time the sexual activity occurred, the offense is a Class B misdemeanor.
b.
An offense under subsection (c)(2)a of this section is not subject to registration under U.C.A. 1953, § 77-41-102(17)(a)(vii).
(3)
a.
Notwithstanding subsection (c)(1) of this section, if the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant was younger than 21 years old at the time the sexual activity occurred, the offense is a Class A misdemeanor.
b.
An offense under subsection (c)(3)a of this section is not subject to registration under U.C.A. 1953, § 77-41-102(17)(a)(vii).
(d)
The offenses referred to in subsection (b)(1) of this section are:
(1)
Rape, in violation of U.C.A. 1953, § 76-5-402;
(2)
Object rape, in violation of U.C.A. 1953, § 76-5-402.2;
(3)
Forcible sodomy, in violation of U.C.A. 1953, § 76-5-403;
(4)
Aggravated sexual assault, in violation of U.C.A. 1953, § 76-5-405; or
(5)
An attempt to commit an offense listed in subsections (d)(1) through (4) of this section.
(Code 1981, § 13-541)
State Law reference— Similar provisions, U.C.A. 1953, § 76-5-401.