In Utah the crime is called “Unlawful Sexual Conduct with a 16- or 17-year-old,” much of the non-legal world calls it statutory rape. The law recognizes that many 16 and 17-year olds regularly engage in sex, however, the law prohibits adults from engaging in sex with them unless they are married. Statute § 76-5-401.2 should not be confused with the common scenario of an 18-year-old engaging in sexual activity with a 17-year-old, violations of this statute involve individuals who are at least seven (7) years older than the victim. Individuals found to have been engaging in unlawful sexual conduct with a minor could face serious misdemeanor or felony charges. Information on Unlawful Sexual Conduct Elements of Unlawful Sexual Conduct under Utah Statute § 76-5-401.2In order to convict a person of unlawful sexual conduct with a 16 –or -17-year old, in violation of § 76-5-401.2, the State must show the following beyond a reasonable doubt: Sexual Conduct DefinedSince the penalties for a § 76-5-401.2 are separated by misdemeanor and felony violations based on the definition of sexual conduct, as determined by this Statute, understanding the definition of “sexual conduct” is imperative. Penalties for Unlawful Sexual Conduct with a 16-or 17-Year OldThe type of penalty that will be handed down for a § 76-5-401.2 violation will depend on the type of sexual conduct the individual is convicted of engaging in. An individual can be charged with either a misdemeanor or felony after being convicted of unlawful sexual conduct with a 16 – or 17-year old. Misdemeanor:Unlawful sexual conduct with a 16- or 17-year old in the form of touching the minor’s anus, buttocks, or any part of the minor’s genitals, or a female minor’s breast, or otherwise takes incent liberties with the minor or causes the minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional pain or gratify the sexual desire of any person, regardless of the sex of any participant, is charged as a Class A Misdemeanor. A class A misdemeanor is punishable by up to one year in jail and up to $2,500 fines. Felony:An individual will be charged with a third-degree felony if he or she is found to have done any of the following: In Utah, a third-degree felony is punishable by up to five (5) years in Utah State prison and up to $5,000 fines plus a 90 percent surcharge. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Unlawful Sexual Conduct With A 16- Or 17- Year Old first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
The Situations That Dictate If A Grandparent Can Get Custody What Is Private Mediation For family Cases? What To Do When Your Divorce Has Turned Ugly Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/unlawful-sexual-conduct-with-a-16-or-17-year-old/
0 Comments
Leave a Reply. |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |