76-5-422. Sexual relations with an adult high school student.

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

Effective 5/7/2025

(a)As used in this section:

(i)"Actor" means an individual who is 21 years old or older.

(ii)"Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school.

(iii)"High school" means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12.

(iv)"Position of special trust" means the following positions in a high school:

(A)a teacher;

(B)an administrator;

(C)a coach;

(D)a counselor; or

(E)an individual other than an individual listed in Subsections (1)(a)(iv)(A) through (1)(a)(iv)(D) who occupies a position of authority that enables the individual to exercise undue influence over an adult high school student.

(v)"Sexual intercourse" means any penetration, however slight, of:

(A)the genitals or anus of an individual by another individual using any body part, object, or substance; or

(B)the mouth of an individual by another individual's genitals.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits sexual relations with an adult high school student if the actor:

(i)has sexual intercourse with an adult high school student; or

(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 an adult high school student;

(B)touches the breast of a female adult high school student; or

(C)otherwise takes indecent liberties with an adult high school student;

(b)occupies a position of special trust in relation to the adult high school student described in Subsection (2)(a) ; and

(c)knows or should have known that the individual with which the actor committed the acts described in Subsection (2)(a) was an adult high school student.

(3)A violation of Subsection

(2)is a third degree felony.

(4)Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a)(ii) .

(5)Consent of an adult high school student to an act described in Subsection

(2)is not a defense to prosecution under this section.

Enacted by Chapter 204 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in HB0358, Chapter 253, also in HB0021, Chapter 173.also in HB0105, Chapter 204, also in HB0021, Chapter 173.