Sexual Abuse of a Minor

Recent statistics show that Utah is ranked eighth among states for high rates of child abuse and ranks first among states for sexual abuse of a minor. In 2014, there were 6,900 child abuse cases that were recorded in Utah, and 27 percent of those cases were sex abuse. This percentage is the highest in any state.

Sexual abuse of a minor in the state of Utah is a very serious crime that comes with very serious penalties. 

Attorney for Sexual Abuse of Minors in Salt Lake City

If you were accused of committing Sexual Abuse of a Minor under Utah Code § 76-5-401.1 and Utah Code § 76-5-407, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.

The criminal defense attorneys here at Brown, Bradshaw & Moffat, LLP will fight and defend anyone accused of a sexual crime such as aggravated sexual assault, sexual exploitation of a minor, indecency with a child, child pornography, prostitution, and custodial sexual misconduct.


Elements of Sexual Abuse Crimes in Utah

The elements of sexual abuse include:

1. The defendant intentionally, knowingly, or recklessly does one of the following:

a. Touching the skin of the minor’s anus, buttocks, or any part of his or her genitals; or

b. Touching the skin of a female minor’s breast;

c. Otherwise taking indecent liberties with a minor; or

d. Causing the minor to take indecent liberties with any person;

2. With the intent to arouse or gratify the sexual desire of any person or to cause substantial emotional or bodily pain to any person;

3. The minor was 14 or 15 years old at the time of the conduct; and

4. The defendant was seven or more years older than the minor.


Unlawful Sexual Activity with a Minor

The crime of Unlawful Sexual Activity with a Minor is charged under Utah Code § 76-5-401 and § 76-5-407. The elements of the offense can be charged under several different variations.

The first variation applies to CR1616A, Conduct Sufficient to Constitute Sexual Intercourse for Unlawful Sexual Activity with a Minor, Unlawful Sexual Conduct with a 16 or 17 Year Old, or Rape. Under the first variation, the elements of the offense are:

1. The defendant Intentionally, knowingly, or recklessly had sexual intercourse;

2. With a minor; and

3. the minor was 14 or 15 years old at the time of the conduct.

Under the second variation, the elements of the offense are:

1. the defendant Intentionally, knowingly, or recklessly engaged in any sexual act with the minor;

2. the sexual act involved touching, however slight, of the genitals of one person with the mouth or anus of another;

3. he touching of the minor’s genitals, mouth or anus involved the minor’s skin; and

4. the minor was 14 or 15 years old at the time of the conduct.

Under the third variation, the elements of the offense are:

1. The defendant intentionally, knowingly, or recklessly caused the penetration, however slight, of the genital or anal opening of the minor child by any foreign object, substance, instrument, or device, including a part of the human body;

2. With the intent to arouse or gratify the sexual desire of any person and to cause substantial emotional or bodily pain to any person; and

3. The minor was 14 or 15 years old at the time of the conduct.


Additional Resources

Sexual Abuse of a Child - Visit the website of the Utah State Legislature to read the statute for sexual abuse of a child or aggravated sexual abuse of a child effective 5/13/2014. Find definitions under the statute including the definition for a “position of special trust.” Also, find the punishments and penalties allowed under Utah law.

Utah Child Abuse Statutes and Child Abuse Reporting Law - Find child abuse statistics compiled by the Salt Lake County Children’s Justice Center for first degrees, second-degree, third-degree felonies, class A and class B misdemeanors. Find a chart for each offense, the degree of the offense, the Utah code number, a description of the offense and the minimum mandatory sentence. Also, find information on the statute of limitations for sex crimes in Utah. Learn more about why under Utah law, a child under the age of 14 cannot consent to any sexual activity and other circumstances leading to non-consent referred to in Utah Criminal Code Section 76-5-401 through 406.


Finding an Attorney for Sex Abuse in Salt Lake County, UT

If you were charged under Section 76-5-404.1 with sexual abuse of a minor or aggravated sexual abuse of a child, or any other sex crime such as unlawful sexual conduct with a minor, rape, or forcible sexual abuse, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City, Utah.

The attorneys at Brown, Bradshaw & Moffat, LLP represent men and women charged with sexual abuse crimes throughout Greater Salt Lake including the communities of the City of Taylorsville, Riverton, Copperton Township, Magna, Kearns, Holladay, Herriman, Midvale, and Millcreek.

Our criminal defense lawyers fight false allegations of sexual abuse of children cases throughout Salt Lake County and the surrounding areas including Davis County, Tooele County, Summit County, Morgan County, Wasatch County, and Utah County.

Let us put our experienced to work for you. Call today for a free consultation with a sex crimes lawyer in Salt Lake City.


This article was last updated on Tuesday, June 14, 2016.