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Unlawful Sexual Activity With A Minor Under Utah Code §76-5-401


In this section, a “minor” is a person between 14 and 16 years old at the time of the sexual activity. Unlawful sexual activity with a minor is a separate offense than rape, object rape, forcible sodomy, or aggravated sexual assault.

A person is guilty of unlawful sexual activity with a minor if he or she:

  • Has sexual intercourse with the minor;
  • Engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant;
  • Causes the penetration, regardless of the extent, of the genital or anal opening of a 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 person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of the participant.

Unlawful sexual activity with a minor is considered a third degree felony offense, unless it is established that the defendant was less than four years older than the minor at the time of the sexual activity, in which case it is a class B misdemeanor.

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