AgeOfConsent
Custodial sexual relations - Utah Sexual Assault Laws
Custodial sexual relations Crime & Punishment in Utah :
The Utah code § 76-5-413 defines three degrees of the crime custodial sexual relations, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
| Severity | Custodial sexual relations - Charge Description | Punishment |
|---|---|---|
|
Class A misdemeanor |
If offender, who is a person employed by the Department of Human Services, causes any sexual touching between offender and victim, who is in the custody of the Department. | A maximum of 1 year in prison and/or a maximum fine of $2,500 |
|
Second degree felony STATUTORY |
If offender, who is a correctional officer, law enforcement officer, or an employee or private contractor of the Department of Corrections or a county jail, causes any sexual penetration between offender and victim, who is a prisoner or under any correctional supervision if victim is under 18. | A maximum of 15 years in prison and/or a maximum fine of $10,000 |
|
Third degree felony |
|
A maximum of 5 years in prison and/or a maximum fine of $5,000 |
Utah law allows custodial sexual relations to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Utah Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
Custodial sexual relations is a charge that is unique to Utah. Crimes that would be prosecuted as custodial sexual relations in Utah will be prosecuted under a different statute depending on the state in which the crime takes place.