76-5-424. Unlawful sexual activity with a minor using virtual reality.
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Effective 5/7/2025
76-5-424. Unlawful sexual activity with a minor using virtual reality.
(a)As used in this section:
(i)"Avatar" means the same as that term is defined in Section 76-5-423 .
(ii)"Haptic technology" means the same as that term is defined in Section 76-5-423 .
(iii)"Minor" means an individual who is 14 years old or older but younger than 18 years old.
(iv)"Virtual reality" means the same as that term is defined in Section 76-5-423 .
(b)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor commits unlawful sexual activity with a minor using virtual reality if the actor:
(a)knows that the human user of an avatar is a minor;
(b)is older than the minor by 10 years or more; and
(c)for the purpose of arousing or gratifying the sexual desire of any individual, intentionally uses the actor's avatar to engage in sexual activity or simulated sexual activity with the minor's avatar involving:
(i)the genitals, pubic area, or anus of the actor's avatar or the minor's avatar; and
(ii)the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the minor's avatar.
(3)A violation of Subsection
(2)is a class A misdemeanor.
(4)Consent of the minor to engage in the sexual activity is not a defense to a violation of Subsection (2).
Enacted by Chapter 253 , 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0021, Chapter 173.