Degree

3rd Degree Felony unless the defendant can establish by a preponderance of the evidence 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.

Elements

A defendant commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, object rape, forcible sodomy, or aggravated sexual assault, the defendant:

• has sexual intercourse with a minor;
• engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person;
• or 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.

Imprisonment

3^rd degree felony: A term not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class B misdemeanor: A term not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Fine

3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Sex Offender Registration

3^rd degree felony: For the duration of the sentence, and 10 years thereafter.
(Utah Code Ann. §77-27-21.5(12)(a))
Class B misdemeanor: Not applicable.

DNA Specimen

A defendant convicted of a 3^rd degree felony unlawful sexual activity with a minor must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 3^rd degree felony unlawful sexual activity with a minor may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))