Utah Statutory Rape Laws

People in Utah who engage in consensual sexual activity with a minor may be convicted of age-based sex crimes—commonly referred to as statutory rape.

What Is the Age of Consent in Utah?

The age of consent in Utah is 18. Engaging in consensual sexual activities with a minor younger than 18 can be a crime. Statutory rape laws presume that children younger than a certain age are not mature enough to give informed consent to sexual relations. Their legal incapacity is written into statute—hence the term "statutory rape."

Utah's Statutory Rape Laws

Like many states, Utah doesn't use the term "statutory rape" in the law. Rather, these age-based sex crimes can be considered rape or sodomy of a child, unlawful sexual activity or conduct with a child, or sexual abuse of a child. The law also contains penalties for sexual activity between certain adolescents who are 12 to 17 years old.

Penalties for these crimes depend on the age of the parties, their age difference, and the sexual conduct involved. In certain cases, the relationship between the parties affects the penalties, including when the defendant holds a position of trust or authority over the child.

What Are the Penalties for Statutory Rape Offenses in Utah?

Statutory rape offenses in Utah carry penalties ranging from a class C misdemeanor to a first-degree felony.

Rape or Sodomy of a Child Younger Than 14

The harshest penalties for statutory rape offense apply when a person engages in consensual sexual intercourse, object penetration, or anal or oral sex with a child younger than 14. These offenses carry penalties for a first-degree felony, punishable by 25 years to life in prison. If the defendant was younger than 21 and has never been convicted of this crime, the judge may impose a shorter sentence when justified by the circumstances. The sentence, however, cannot be less than six years of prison time.

(Utah Code §§ 76-3-301, 76-5-402.1, 76-5-402.3, 76-5-403.1 (2023).)

Sexual Abuse of a Child or Minor

Sexual abuse crimes involve engaging in "indecent liberties" with a child. Indecent liberties refer to sexual touching with the intent to arouse or sexually gratify either or both parties.

Sexual abuse of a minor occurs when a 14- or 15-year-old victim and a defendant who is at least four years older than the victim engage in indecent liberties. The offense is a class A misdemeanor, punishable by up to 364 days in jail, a $2,500 fine, or both. (First-time offenses by defendants younger than 21 don't require sex offender registration.)

Sexual abuse of a child occurs when a victim who is younger than 14 and a defendant who is 18 or older engage in indecent liberties. A defendant faces penalties for a second-degree felony, punishable by one to 15 years in prison, a fine up to $10,000, or both. The offense increases to aggravated sexual abuse of a child and a first-degree felony if the defendant holds a position of trust or authority over the child (such as a relative, therapist, coach, teacher, babysitter, counselor, or clergy).

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-401.1, 76-5-404.1, 76-5-404.3 (2023).)

Unlawful Sexual Activity or Conduct With a Minor Age 14 to 17

Felony or misdemeanor charges may apply when an adult defendant engages in sexual activities with a minor age 14 to 17.

Unlawful sexual conduct includes intercourse, penetration (however slight), sexual touching, or oral sex between a 16- or 17-year-old minor and:

• a defendant who is seven, eight, or nine years older than the minor and knew or reasonably should have known the minor's age, or
• a defendant who is 10 or more years older than the victim.

If the sexual activity involved only touching, unlawful sexual conduct is a class A misdemeanor, punishable by up to 364 days in jail and a $2,500 fine. All other offenses are third-degree felonies, punishable by up to five years in prison, a fine of $5,000, or both.

Unlawful sexual activity with a minor includes sexual intercourse, penetration (however slight), or anal or oral sex between a 14- or 15-year-old minor and a defendant who is 18 or older.

Defendants younger than 21 face misdemeanor penalties. If the defendant was fewer than four years older than the minor, the offense is a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. Otherwise, the offense carries class A misdemeanor penalties of up to 364 days in jail and a $2,500 fine. (Sex offender registration does not apply to these misdemeanor offenses.)

Defendants age 21 and older face third-degree felony penalties of up to five years in prison, a fine of $5,000, or both.

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-401, 76-5-401.2 (2023).)

Unlawful Adolescent Sexual Activity (Ages 12 to 17)

Unlawful adolescent sexual activity involves two minors who engage in sexual activity, including intercourse, penetration (however slight), sexual touching, oral sex, or anal sex. Penalties depend on the ages of the defendant and victim, as follows:

• Third-degree felony. Prohibits sexual activity between a 17-year-old and a minor who is 12 or 13, or between a 16-year-old and a 12-year-old. Potential punishments include up to five years in prison, a fine of $5,000, or both.
• Class A misdemeanor. Prohibits sexual activity between a 16-year-old and a 13-year-old, or between a 14- or 15-year-old and a 12-year-old. Potential punishments include up to 364 days in jail, a fine of as much as $2,500, or both.
• Class B misdemeanor. Prohibits sexual activity between a 17-year-old and a 14-year-old, or between a 15-year-old and a 13-year-old. Potential punishments include up to six months in jail, a fine of as much as $1,000, or both.
• Class C misdemeanor. Prohibits sexual activity between a 12- or 13-year-old and another minor who is 12 or 13, or between a 14-year-old and a 13-year-old. Potential punishments include up to 90 days in jail, a fine of up to $750, or both.

(Utah Code §§ 76-3-203, 76-3-204, 76-3-301, 76-5-401.3 (2023).)

Does Utah Have a Romeo-and-Juliet Law?

In many states, lawmakers have enacted "Romeo and Juliet" exceptions to protect young people from criminal prosecution based on consensual sex with their peers. Utah is one of them.

Under Utah's laws, criminal charges don't apply when certain teens close in age engage in sexual activities. For instance, consensual sexual activities between a 14-year-old and a 16-year-old don't fall under the criminal statutes listed above. Several of the laws above also carry less harsh penalties when a defendant is younger than 21 or less than four years older than the victim.

Possible Defenses to a Statutory Rape Charge in Utah

Defendants charged with statutory rape have the usual defenses available to all criminal defendants, starting with "Someone else committed this crime." Or defendants may argue that the claimed conduct did not occur. One or more of the following defenses may also apply.

Mistake-of-Age Defense

Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage or that the partner claimed to be older. For the most part, Utah (like many states) doesn't permit mistake-of-age defenses for age-based sex offenses. One exception involves charges of unlawful sexual conduct for defendants less than 10 years older than a 16- or 17-year-old victim. (Utah Code §§ 76-2-304.5, 76-5-401.2 (2023).)

Marriage Defense

Utah has a marital exemption for statutory rape, which allows married people to have consensual sex even if their ages would prohibit it if they were not married. (Utah Code § 76-5-407 (2023).)

Will a Utah Teenager Be Tried in Juvenile or Adult Court?

Teenagers who committed crimes when they were younger than 18 generally fall under the jurisdiction of the juvenile court in Utah. Juvenile court judges tend to have more flexibility in sentencing than adult court judges. For teenagers whose crimes were committed at age 18 or 19, criminal charges will be heard in adult criminal court.

(Utah Code § 80-1-102 (2023).)

Do Statutory Rape Offenses Require Sex Offender Registration in Utah?

Most age-based sex offenses require convicted defendants to register as sex offenders. Limited exceptions for unlawful sexual activity with a minor and sexual abuse with a minor are noted above. Unlawful adolescent sexual activity doesn't require registration. Juvenile defendants adjudicated delinquent of a registrable offense are not required to register unless held in custody.

(Utah Code § 77-41-106 (2023).)

Talk to a Lawyer

If you're facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. For teens facing charges in juvenile court, it's best to find an attorney who regularly defends delinquency cases.