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Recent statistics in the State of Utah show an increase in prosecutions for unlawful sexual conduct with a 16 or year-old. In the State of Utah, the age of consent is 18 years old. The age of consent refers to the minimum age for which an individual is legally old enough to consent to sexual activities. In other states, this offense is called "statutory rape.

In Utah, the crime occurs when an adult has unlawful sexual conduct with a minor who is 16 or 17 years old. The sexual conduct would not be considered a crime except for the fact that the statute provides that the child is too young to consent. In other words, these cases do not involve any allegation of rape, sexual assault, forcible sodomy, or forcible sexual abuse.

Crimes for unlawful sexual conduct are rarely committed by strangers.

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Most of these cases involve allegations against a family friend, co-worker, neighbor, babysitter, or acquaintance. We fight to protect our clients against the harsh penalties that can result from a conviction for sexually motivated crimes including all forms of unlawful sexual conduct crimes. Important defenses exist including an exception for married couples. At trial, the elements of the crime must be proven beyond all reasonable doubt. The elements of unlawful sexual conduct with a 16 or year-old include:.

The touching, however slight, of the genitals of one person with the mouth or anus of another; and. Caused the penetration, however slight, of the genital or anal opening of minor by any foreign object, substance, instrument, or device, including a part of the human body. With the intent to arouse or gratify the sexual desire of any person or with the intent to cause substantial emotional or bodily pain to any person; or. With the intent to arouse or gratify the sexual desire of any person or with the intent to cause substantial emotional or bodily pain to any person.

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The offense of unlawful sexual conduct with a 15 or year-old can be charged as either a third-degree felony or a class A misdemeanor depending on whether the sex act involves penetration through sexual intercourse or oral sex. If the offense is charged as a third-degree felony, then the term of imprisonment does not exceed 5 years. See Utah Code Ann.

If the offense is charged as a class A misdemeanor then the term of imprisonment does not exceed one year. The State of Utah has a marital exemption for statutory rape or unlawful sexual conduct with a 15 or year-old. Under this exemption, a husband and wife are permitted to have consensual sex even if their ages would prohibit it if they were not married.

For example, a man who is 24 years old could not legally have sex with a year-old girl. Under Utah law, because the girl is only 16 years old she is not legally capable of giving consent for sexual conduct. The marital exception would prevent such a prosecution in Utah for statutory rape. On the other hand, if the man forced his wife to have sex with him against her will, then he could still be charged with rape even if it occurred when the two were legally married.

Utah's Statute for Unlawful sexual activity with a minor - Visit the Utah State Legislature for more information, elements, and penalties involving unlawful sexual activity with a minor. A defendant convicted of unlawful sexual conduct with a 16 or year-old domestic violence may not possess, use or have control of a firearm or ammunition for life. See 18 U. Section g 9. With a felony conviction, for the duration of the sentence and for 10 years thereafter, the defendant must register as a sex offender.

Section Our sex crime attorneys in Salt Lake City fight false allegations of sexual abuse throughout Salt Lake County and the surrounding areas. Let us put our experienced to work for you. Call today for a free consultation at Use the form above to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.

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We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at We look forward to hearing from you.

Mark has represented our son for over ten years. We have a difficult situation but we have never doubted that Mark, and now, Mike, care about him and our family. Their caring advice has been a lifeline for us. Mike Holje was there for me and helped me get the charges dismissed. He was fantastic. I am so thankful for this firm. Jim Brhaw worked with me on a case and was helpful, realistic and very professional. I found him to be one of the best attorneys and person I have encountered. Everyone in his or her office is kind, efficient and very responsive.

You are treated respectfully and on an equal playing field. Unlawful Sexual Conduct with a Minor Recent statistics in the State of Utah show an increase in prosecutions for unlawful sexual conduct with a 16 or year-old. The elements of unlawful sexual conduct with a 16 or year-old include: 1. The Defendant intentionally, knowingly, or recklessly; 2. Had sexual intercourse with the minor; or 3. Engaged in any sexual act with the minor involving: a. The touching, however slight, of the genitals of one person with the mouth or anus of another; and b. Caused the penetration, however slight, of the genital or anal opening of minor by any foreign object, substance, instrument, or device, including a part of the human body; 4.

With the intent to arouse or gratify the sexual desire of any person or with the intent to cause substantial emotional or bodily pain to any person; or 5. At the time of the conduct, the minor was 16 or 17 years old; and 8. At the time of the conduct, the defendant was: a. Ten or more years older than minor. Back to top Penalties for Unlawful Sexual Conduct Crimes The offense of unlawful sexual conduct with a 15 or year-old can be charged as either a third-degree felony or a class A misdemeanor depending on whether the sex act involves penetration through sexual intercourse or oral sex.

Back to top The Statutory Rape Marital Exemption in Utah The State of Utah has a marital exemption for statutory rape or unlawful sexual conduct with a 15 or year-old. Back to top Additional Resources Utah's Statute for Back to top. Sex Crimes. Sexual Battery. Revenge Porn. Sexual Abuse of a Minor. Sexual Conduct with a Minor. Forcible Sexual Abuse. Sexual Exploitation of a Minor. What People Say. You should consult an attorney for advice regarding your individual situation. We invite you to and welcome your calls, letters and electronic mail.

Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Sex outside of marriage may soon be legal in Utah