Utah Age of Consent & Sex Laws Utah Age of Consent Laws 2017

What is the Utah Age of Consent?

The Utah Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in Utah are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Utah statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18. Close in age exemptions allow teens aged 16 and 17 to consent to partners less than 7 years older, and partners between 7 and 10 years older if they had no reasonable knowledge of the minor's age.

View list of sexual assault laws & punishments in Utah

Utah has a close-in-age exemption. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.

Depending on the situation, the Utah close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.


Age of Consent across the United States

The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.

Age Of Consent:

16 years old
17 years old
18 years old

The age of consent in Utah is based on the following statutes from the Utah criminal code:

Utah Age Of Consent Law:
76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.

(1) As used in this section, ""minor"" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in Subsection (2) occurred.

(2)

(a) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to an offense listed under Subsection (3), a person who is:
(i) seven or more years older but less than 10 years older than the minor at the time of the sexual conduct engages in any conduct listed in Subsection (2)(b), and the person knew or reasonably should have known the age of the minor; or
(ii) 10 or more years older than the minor at the time of the sexual conduct and engages in any conduct listed in Subsection (2)(b).
(b) As used in Subsection (2)(a), ""sexual conduct"" refers to when the person:
(i) has sexual intercourse with the minor;
(ii) 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;
(iii) causes the penetration, however slight, of the genital or anal opening of the minor by any 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 any participant; or
(iv) touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, 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 any participant.
76-5-401. Unlawful sexual activity with a minor—Elements—Penalties—Evidence of age raised by defendant.

(1) For purposes of this section ""minor"" is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor:

(a) has sexual intercourse with the minor;
(b) 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; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by any 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 any participant.
(3) A violation of Subsection (2) is a third degree felony unless 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, in which case it is a class B misdemeanor.

Punishments for Violating the Age Of Consent in Utah

Utah has twelve statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Utah Age of Consent, as statutory rape or the Utah equivalent of that charge.

The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.

Criminal Charge Severity Punishment
Aggravated sexual abuse of a child First degree felony; Second degree felony A maximum of life in prison and/or a maximum fine of $10,000; A maximum of 15 years in prison and/or a maximum fine of $10,000
Custodial sexual misconduct Third degree felony A maximum of 5 years in prison and/or a maximum fine of $5,000
Custodial sexual relations Second degree felony; Third degree felony A maximum of 15 years in prison and/or a maximum fine of $10,000; A maximum of 5 years in prison and/or a maximum fine of $5,000
Custodial sexual relations with a youth receiving state services Second degree felony A maximum of 15 years in prison and/or a maximum fine of $10,000
Object rape of a child First degree felony A maximum of life in prison and/or a maximum fine of $10,000
Object rape of a person 14 and older First degree felony A maximum of life in prison and/or a maximum fine of $10,000
Rape of a child under 14 First degree felony A maximum of life in prison and/or a maximum fine of $10,000
Sexual abuse of a child Second degree felony A maximum of 15 years in prison and/or a maximum fine of $10,000
Sexual abuse of a minor Class A misdemeanor A maximum of 1 year in prison and/or a maximum fine of $2,500
Sodomy on a child First degree felony A maximum of life in prison and/or a maximum fine of $10,000
Unlawful sexual activity with a minor Class B misdemeanor; Third degree felony A maximum of 6 months in prison and/or a maximum fine of $1,000; A maximum of 5 years in prison and/or a maximum fine of $5,000
Unlawful sexual conduct with a 16 or 17 year old Class A misdemeanor; Third degree felony A maximum of 1 year in prison and/or a maximum fine of $2,500; A maximum of 5 years in prison and/or a maximum fine of $5,000

Back to list of state ages of consent View international ages of consent

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Source: http://www.ageofconsent.net/states/utah