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Sex Offenses: Unlawful Sexual Conduct with a 16 or 17 Year Old


Unlawful Sexual Conduct with a 16 or 17 Year Old: Attorneys

Unlawful Sexual Conduct with a 16 or 17 Year Old - Attorneys

What it is:

Unlawful sexual conduct with a 16 or 17 year old is a crime where the offender engages in sexual activity with a 16 or 17 year old, and is at least 10 years older than the victim.

Unlawful Sexual Conduct with a 16 or 17 Year Old

Utah Code §76-5-401.2

Degree

3rd Degree Felony or Class A Misdemeanor.

Elements

A defendant commits unlawful sexual conduct with a minor if, under circumstances not amounting to rape, attempted rape, object rape, attempted object rape, forcible sodomy, attempted forcible sodomy, forcible sexual abuse, attempted forcible sexual abuse, aggravated sexual assault or attempted aggravated sexual assault a defendant who is at least 10 years older than the minor at the time of the sexual conduct.

3rd degree felony:

  • 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.

Class A misdemeanor:

Touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the defendant or another person, with the intent to case substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person.

Imprisonment

3rd degree felony: A term not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class A misdemeanor: A term not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))

Fine

3rd 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 A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), 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

3rd degree felony: For the duration of the sentence, and 10 years thereafter.
(Utah Code Ann. §77-27-21.5(12)(a))

DNA Specimen

A defendant convicted of a 3rd degree felony unlawful sexual conduct with a 16 or 17 year old must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 3rd degree felony unlawful sexual conduct with a 16 or 17 year old may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Unlawful Sexual Conduct with a 16 or 17 Year Old. If you have any questions, please feel free to call our office at (801) 505-1586.