76-5-401.1. Sexual abuse of a minor.
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Effective 5/7/2025
76-5-401.1. Sexual abuse of a minor.
(a)As used in this section:
(i)"Female breast" means the undeveloped, partially developed, or developed breast of a female individual.
(ii)"Indecent liberties" means:
(A)the actor touching another individual's genitals, anus, buttocks, pubic area, or female breast;
(B)causing any part of an individual's body to touch the actor's or another's genitals, pubic area, anus, buttocks, or female breast;
(C)simulating or pretending to engage in sexual intercourse with another individual, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
(D)causing an individual to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.
(iii)"Minor" means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection
(2)occurred.
(b)Terms defined in Section 76-1-101.5 apply to this section.
(a)Under circumstances not amounting to an offense listed in Subsection
(4), an actor commits sexual abuse of a minor if the actor:
(i)is four years or more older than the minor; and
(ii)with the intent to cause substantial emotional or bodily pain to any individual, or with the intent to arouse or gratify the sexual desire of any individual:
(A)touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
(B)touches the female breast of a minor; or
(C)otherwise takes indecent liberties with the minor.
(b)Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a) .
(3)A violation of Subsection (2)(a) is a class A misdemeanor.
(4)The offenses referred to in Subsection (2)(a) are:
(a)unlawful sexual activity with a minor, in violation of Section 76-5-401 ;
(b)rape, in violation of Section 76-5-402 ;
(c)object rape, in violation of Section 76-5-402.2 ;
(d)forcible sodomy, in violation of Section 76-5-403 ;
(e)aggravated sexual assault, in violation of Section 76-5-405 ; or
(f)an attempt to commit an offense listed in Subsections (4)(a) through
(e).
Amended by Chapter 223 , 2025 General Session
Amended by Chapter 291 , 2025 General Session
Amended by Chapter 320 , 2025 General Session