76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
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Effective 5/6/2026
76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
(a)As used in this section:
(i)"Adult" means an individual 18 years old or older.
(ii)"Child" means an individual younger than 14 years old.
(iii)"Female breast" means the same as that term is defined in Section 76-5-401.1 .
(iv)"Indecent liberties" means the same as that term is defined in Section 76-5-401.1 .
(v)"Position of special trust" means:
(A)an adoptive parent;
(B)an athletic manager who is an adult;
(C)an aunt;
(D)a babysitter;
(E)a coach;
(F)a cohabitant of a parent if the cohabitant is an adult;
(G)a counselor;
(H)a doctor or physician;
(I)an employer;
(J)a foster parent;
(K)a grandparent;
(L)a legal guardian;
(M)a parent;
(N)a recreational leader who is an adult;
(O)a religious leader;
(P)a sibling or a stepsibling who is an adult;
(Q)a scout leader who is an adult;
(R)a stepparent;
(S)a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older;
(T)an instructor, professor, or teaching assistant at a public or private institution of higher education;
(U)an uncle;
(V)a youth leader who is an adult; or
(W)any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(v)(A) through
(V), which enables the individual to exercise undue influence over the child.
(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 child if the actor:
(A)touches, whether over or under the clothing, the buttocks or pubic area of a child;
(B)touches, whether over or under the clothing, the female breast of a child;
(C)touches the anus or genitals of a child over the clothing; or
(D)otherwise takes indecent liberties with a child whether over or under the clothing; and
(ii)the actor's conduct is with intent to:
(A)cause substantial emotional or bodily pain to any individual; or
(B)arouse or gratify the sexual desire of any individual.
(b)Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a) .
(3)A violation of Subsection
(2)is a second degree felony.
(4)The offenses referred to in Subsection (2)(a) are:
(a)rape of a child, in violation of Section 76-5-402.1 ;
(b)object rape of a child, in violation of Section 76-5-402.3 ;
(c)sodomy on a child, in violation of Section 76-5-403.1 ; or
(d)an attempt to commit an offense listed in Subsections (4)(a) through (4)(c) .
Amended by Chapter 155 , 2026 General Session