You might think that age of consent in Utah could be covered in a very simple statement: if you’re over 18, and you have sex with someone under 18, you are committing a crime. However, the issue is quite a bit more complicated when it comes to sexual relationships between young people.
Utah law varies the severity of the charges depending on your situation, but it’s not all set in stone. A recent change allows for leniency in one particular situation, but it may change once again in the near future.
In the 2024 legislative session, Utah governor Spencer Cox passed SB 213. This bill made it a third-degree felony to have sex with a 13-year-old child if you’re 18 years old, enrolled in high school, and both parties mutually agreed to it. That kind of charge means you can face up to five years in prison and a fine of up to $5,000.
It also made it a class B misdemeanor to have sex with a minor between 14 and 16 if you’re 18 years old and enrolled in high school. This means you can face up to six months in jail and $1,000 in fines.
Before SB 213, an 18-year-old adult who had sex with a 13-year-old child would be charged with rape of a child — whether they are enrolled in high school or not. This is a first-degree felony, which normally comes with five years to life in prison and a fine of up to $10,000. However, because of Jessica’s Law, this crime comes with a mandatory sentence of 25 years, and life under certain circumstances.
The mitigated sentence depends on the circumstances and can be either 15 years to life, 10 years to life, or six years to life. However, you would still have had to register as a sex offender. If you commit this crime as an 18 year old who is not enrolled in high school, this charge is still what you can expect.
For unlawful sexual activity with a minor between 14 and 16 years old, it used to be a third-degree felony if you were 18 whether you were enrolled in high school or not.
In 2024, there was a case in which an 18-year-old man was accused of having sex with a 13-year-old girl. His lawyer tried making a plea deal, but it was not working out.
This man was related to J. Stuart Adams, the president of the Utah State Senate, who told the Salt Lake Tribune that he was surprised by the charges that the 18 year old was facing. Adams suggested the change, but he claims he never requested it or made any input.
Two months after the legislation was passed, the prosecutor over the case offered a plea deal. The man was charged with a second-degree felony instead of first-degree, his sentencing would just be a week of jail time that he had already served, and he would not have to register as a sex offender.
Notice that it wasn’t a third-degree felony he was charged with, which is what he would get had the new law applied to him. That’s because the crime he pled guilty to had occurred before the law was enacted. The court did not retroactively apply the law to him. However, the law’s passing did lead the prosecutor to offer a reduced charge.
The age of consent changes were just a small part of SB 213. The entire bill is 49 pages long, and it does a lot of unrelated things.
The person who sponsored the bill in the Utah House of Representatives is Rep. Karianne Lisonbee. She had told the Salt Lake Tribune that she didn’t realize language about the age of consent was included, and it had passed towards the end of the legislative section, when law makers try to move things along quickly. She said had she known about it, she would have tried to remove it, and she plans to try repealing the new law.
Senator Adams is a Republican, and Democrats have been calling on him to resign, including Senator Nate Blouin and Salt Lake Councilman Jiro Johnson. The Salt Lake County Democratic Party also made a statement, saying in part:
“...when a top elected official rewrites child rape laws to shield his own family from justice, he has crossed a line that cannot be uncrossed.”
However, Adams previously told the Salt Lake Tribune that he never intended this to impact the case with his relative. It was more to help people in similar situations in the future.
It should be stated that we at Brown, Bradshaw & Moffat do not have an official opinion on this matter. We are simply posting this for informational purposes.
Sex crimes in Utah are treated very seriously. If you’re accused of one, the best thing you can do is hire a competent attorney. This is true whether you intend to take your case to trial or plead guilty. The legal process is complicated, and a lot of the people you have to interact with do not have your best interest at heart.
Your lawyer is someone who is on your side, who understands the best course of action, and who will fight tooth and nail to get you the best outcome possible.
Some really good attorneys for sex crimes are Kristin Wilson, Michael Holje and Ann Taliaferro. All of them have years of experience in these kinds of cases, and they would be willing to help you out. Tell us about your case to get started.
