You may think that Utah’s consent laws are cut and dry: adults can’t have sex with minors. However, there isn’t as clear of a line as you might think. Plus, it gets even more complicated when it comes to minors having sex with each other. In some cases the older minor can face legal trouble, but that’s not always what happens.
In Utah, you can be charged with unlawful adolescent sexual activity if you’re between 12 and 17 years old, you have sex with another minor who isn’t your biological sibling, and you both mutually agree to the activity.
This law only applies to specified ages. If you’re between 15 and 17 years old, you can legally engage in sexual activity with someone else in the same age group. It’s the same for minors who are 14 and 15. However, if a 16-to-17-year-old has sex with a minor who is 14 and younger, that can lead to criminal charges for the older minor. If both minors are either 12 or 13, they cannot legally have sex with each other.
The type of offense you can get for engaging in unlawful adolescent sexual activity depends on the age of both parties. Each situation can range from a class C misdemeanor to a third-degree felony. Here is a breakdown of what each of these offenses mean:
It’s important to note that these punishments are for the worst-case scenarios. An experienced, competent attorney can help you get a lighter sentence. On top of that, because defendants in these cases are typically minors, they usually don’t end up going to either jail or prison. Instead, they are subject to Utah’s juvenile system.
The type of offense you can get charged with for committing unlawful adolescent sexual activity completely depends on the situation. Here is a table to illustrate what you can expect:
It is legal in Utah for 18-year-olds to engage in sexual activity with minors who are 16 or 17. In fact, it’s legal for young adults to have sex with minors that age. The adult cannot be more than seven years older than the minor if they know how old the minor is. If they don’t, they can be up to 10 years older.
If you have sex with a 16-to-17-year-old minor, and you’re older than those established age ranges, you can be charged with unlawful sexual conduct with a 16-or-17 year old. This crime is a third-degree felony.
If you’re 18 years old, having sex with a minor under 16 is still illegal. However, there are certain mitigating factors.
Unlawful sexual activity with a minor is when an adult has sex with a minor who is 14 or 15 years old. For most people, this is a third-degree felony. However, it can be a class B misdemeanor under two circumstances: you are less than four years older than the minor, or you were 18 and enrolled in high school when the sexual activity occurred. It is a class A misdemeanor if you were under the age of 21 when the sexual activity occurred.
Rape of a child is when an adult has sex with a minor younger than 14 years old. It’s usually a first-degree felony with a mandatory minimum sentence of 25 years to life.
However, if an 18-year-old adult has sex with a 13-year-old, that is considered unlawful adolescent sexual activity. In this case, it is a third-degree felony. This still means prison time, but it’s a lot less.
Utah law also allows courts to give a lesser sentence if it’s a first offense, the defendant was younger than 21 at the time of the offense, and the court finds that less time would be more just. There are three possible sentences that the court can choose from in this kind of circumstance:
If you’re minor accused of violating a consent law in Utah — or you’re the parent of one — it’s important to hire a lawyer. You should do this before you talk to anyone, including police officers and prosecutors. Those people have an important role in the justice system, but they are not there to help you. They will use anything you say against you in court.
A criminal defense attorney, on the other hand, is a highly knowledgeable person who is interested in getting the best outcome for you. This is a person who knows the ins-and-outs of the legal system and will hold your hand through the entire process.
You’ll want someone who has a lot of experience with defending other people who are accused of similar crimes. For sex crimes, the best attorneys at Brown, Bradshaw & Moffat include Kristin Wilson, Michael Holje, Ann Taliaferro, and Michael Meszaros.
To get started, tell us about your case, and a member of our team will reach out to you.
