76-2-304.5. Mistake as to victim's age not a defense.

332 words·~2 min read·/ut/title-76/chapter-2/76-2-304-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age:

(a)child kidnapping, Section 76-5-301.1 ;

(b)rape of a child, Section 76-5-402.1 ;

(c)object rape of a child, Section 76-5-402.3 ;

(d)sodomy on a child, Section 76-5-403.1 ;

(e)sexual abuse of a child, Section 76-5-404.1 ;

(f)aggravated sexual abuse of a child, Section 76-5-404.3 ;

(g)unlawful kissing of a child, Section 76-5-416.2 ; or

(h)an attempt to commit an offense listed in Subsections (1)(a) through (1)(g) .

(2)It is not a defense to the following offenses that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim's true age:

(a)unlawful sexual activity with a minor, Section 76-5-401 ;

(b)sexual abuse of a minor, Section 76-5-401.1 ; or

(c)an attempt to commit an offense listed in Subsection (2)(a) or (2)(b) .

(3)It is not a defense to the following offenses that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age:

(a)human trafficking of a child for labor, Section 76-5-308.5 ;

(b)human trafficking of a child for commercial sexual exploitation, Section 76-5-308.6 ;

(c)aggravated human trafficking, Section 76-5-310 ;

(d)aggravated human smuggling, Section 76-5-317 ;

(e)unlawful sexual conduct with a minor, Subsection 76-5-401.2(2)(a)(ii) ;

(f)patronizing a prostituted individual who is a child, Section 76-5d-204 ;

(g)aggravated exploitation of prostitution, Section 76-5d-208 ; or

(h)sexual solicitation by an actor offering compensation to a child in exchange for sexual activity, Section 76-5d-211 .

Amended by Chapter 247 , 2026 General Session