In the State of Utah, the age of consent is 18 years old. The age of consent refers to the minimum age for which an individual is legally old enough to consent to sexual activities. In other states, having sexual conduct with an individual who is under 18 is called statutory rape.
In Utah, the crime of unlawful sexual conduct with a minor occurs when an adult has unlawful sexual conduct with a minor who is 16 or 17 years old. Even if the conduct is not forcible or without consent, the statute provides that the minor is too young to consent. Some cases do not involve any allegation of rape, sexual assault, or forcible sexual abuse.
Crimes for unlawful sexual conduct are rarely committed by strangers. Most of these cases involve allegations against a family friend, co-worker, neighbor, babysitter, or acquaintance.
If you were accused of committing Unlawful Sexual Conduct with a 16 or 17 year old under Utah code 76-5-401.2, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.
We fight to protect our clients against the harsh penalties that can result from a conviction for sexually motivated crimes, including all forms of unlawful sexual conduct. Important defenses exist including an exception for married couples.
At trial, the elements of the crime must be proven beyond all reasonable doubt. The elements of unlawful sexual conduct with a 16 or 17 year old include the following:
OR
The offense of unlawful sexual conduct with a 16 or 17 year old can be charged as either a third-degree felony or a class A misdemeanor depending on the type of sexual conduct.
If the offense is charged as a third-degree felony, the term of imprisonment can be from zero to 5 years and include a fine of up to $5,000. If the offense is charged as a class A misdemeanor, the jail time can be from zero to one year with a fine of up to $2,500.
Utah has a marital exemption for unlawful sexual conduct (statutory rape). Under this exemption, a husband and wife are permitted to have consensual sex even if their ages would prohibit it if they were not married.
For example, a man who is 24 years old could not legally have sex with a 16 year old. Under Utah law, because the girl is only 16 years old, she is not legally capable of giving consent for sexual conduct. However, if the man marries the girl (with her parents’ permission), and they live in Utah, then the man could not be prosecuted for having consensual sex with his wife even though she is only 16 years old. On the other hand, if the man forced his wife to have sex with him against her will, then he could still be charged with rape even if it occurred when the two were legally married.
If you are under investigation for a sexually motivated crime such as unlawful sexual conduct or forcible sexual abuse, contact a criminal defense attorney in Salt Lake City at Brown, Bradshaw & Moffat to discuss your case.
Our expert attorneys represent men and women charged with sexual abuse crimes throughout Salt Lake and the surrounding areas. Let us put our experience to work for you. Call today for a free consultation at (801) 532-5297.
