{"data":{"id":"us-ut/utah-code-76-5-404.1","jurisdiction":"us-ut","citation":"Utah Code § 76-5-404.1","heading":"Sexual abuse of a child -- Penalties -- Limitations.","body":"(1)\n(a) As used in this section:\n(i) \"Adult\" means an individual 18 years old or older.\n(ii) \"Child\" means an individual younger than 14 years old.\n(iii) \"Female breast\" means the same as that term is defined in Section 76-5-401.1.\n(iv) \"Indecent liberties\" means the same as that term is defined in Section 76-5-401.1.\n(v) \"Position of special trust\" means:\n(A) an adoptive parent;\n(B) an athletic manager who is an adult;\n(C) an aunt;\n(D) a babysitter;\n(E) a coach;\n(F) a cohabitant of a parent if the cohabitant is an adult;\n(G) a counselor;\n(H) a doctor or physician;\n(I) an employer;\n(J) a foster parent;\n(K) a grandparent;\n(L) a legal guardian;\n(M) a parent;\n(N) a recreational leader who is an adult;\n(O) a religious leader;\n(P) a sibling or a stepsibling who is an adult;\n(Q) a scout leader who is an adult;\n(R) a stepparent;\n(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;\n(T) an instructor, professor, or teaching assistant at a public or private institution of higher education;\n(U) an uncle;\n(V) a youth leader who is an adult; or\n(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.\n(b) Terms defined in Section 76-1-101.5 apply to this section.\n(2)\n(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a child if the actor:\n(i)\n(A) touches, whether over or under the clothing, the buttocks or pubic area of a child;\n(B) touches, whether over or under the clothing, the female breast of a child;\n(C) touches the anus or genitals of a child over the clothing; or\n(D) otherwise takes indecent liberties with a child whether over or under the clothing; and\n(ii) the actor's conduct is with intent to:\n(A) cause substantial emotional or bodily pain to any individual; or\n(B) arouse or gratify the sexual desire of any individual.\n(b) Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).\n(3) A violation of Subsection (2) is a second degree felony.\n(4) The offenses referred to in Subsection (2)(a) are:\n(a) rape of a child, in violation of Section 76-5-402.1;\n(b) object rape of a child, in violation of Section 76-5-402.3;\n(c) sodomy on a child, in violation of Section 76-5-403.1; or\n(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).","path":["Title 76 Criminal Offenses","Chapter 76-5 Offenses Against the Individual","Part 76-5-4 Sexual Offenses"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter5/76-5-S404.1.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"2b48736469c8136ad981de89bb69b0444a41c26719ece0682db9286452da5526","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-5-404","next":"us-ut/utah-code-76-5-404.3"},"notice":"GroundRules: Original legal text. Not legal advice."}