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Utah Age of Consent Laws: Statutes, Penalties and Reporting

Independently fact-checkedBy Recording Law Editorial Team21 min read

Independently fact-checked against primary sources (last audited September 30, 2026). · 34 primary sources cited on this page. How we verify our legal content

Utah Age of Consent Laws: Statutes, Penalties and Reporting

Utah's age-based sexual offenses protect a child younger than 14 (Utah Code 76-5-402.1, 76-5-402.3, 76-5-403.1, 76-5-404.1), a minor 14 or 15 (76-5-401, 76-5-401.1) and a minor 16 or 17 (76-5-401.2), and a victim younger than 18 is also protected where the actor is a parent or holds a position of special trust (76-5-406(2)(j)); most of the structure is tiered by age and by the actor's age.

To report a concern: if a child is in immediate danger, call 911. The Utah Division of Child and Family Services states on its official page: "please call the Intake Hotline at 1-855-323-DCFS (3237)." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Utah's criminal statutes on sexual offenses involving minors, mainly Utah Code Title 76, chapter 5, part 4 (sexual offenses), 76-5-308.6 (human trafficking of a child), 76-7-102 (incest), 76-5b-201 (sexual exploitation of a minor) and the registry provisions in Title 53, chapter 29. Federal law is summarized on the age of consent laws by state hub. The text below was read on the official Utah Legislature site (le.utah.gov) on 2026-09-30.

This page describes the main age-based sexual offense statutes. Other Utah statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Utah law protects minors by age

Utah defines its offenses by age band, and for victims 14 to 17 by the actor's age or the difference in ages. The table summarizes the main provisions.

Person protectedActorOffenseProvision
Younger than 14AnyRape of a child; object rape of a child; sodomy on a child (first degree felonies)76-5-402.1, 402.3, 403.1
Younger than 14AnySexual abuse of a child (second degree felony)76-5-404.1
Adolescent (12 to under 18)Actor 12 to under 18 (or 18 and enrolled in high school with a 13-year-old)Unlawful adolescent sexual activity (class C misdemeanor to third degree felony)76-5-401.3
14 or 1518 or olderUnlawful sexual activity with a minor (third degree felony)76-5-401
14 or 15Four years or more olderSexual abuse of a minor (class A misdemeanor)76-5-401.1
16 or 17Seven or more (with knowledge of age) or 10 or more years olderUnlawful sexual conduct with a 16- or 17-year-old (third degree felony; class A misdemeanor for touching)76-5-401.2
Younger than 18Parent, stepparent, adoptive parent, legal guardian or position of special trustAct without consent for rape, object rape, forcible sodomy, forcible sexual abuse76-5-406(2)(j)
14 to under 18More than three years older and enticing or coercingAct without consent for the same offenses76-5-406(2)(k)

Younger than 14

Section 76-5-402.1 provides that "'Child' means an individual who is younger than 14 years old" and that an actor "commits rape of a child if the actor: (a) has sexual intercourse with a child; or (b) intentionally engages in simulated intercourse with a child." Object rape of a child (76-5-402.3) and sodomy on a child (76-5-403.1) use the same definition of child. Sexual abuse of a child (76-5-404.1) uses "an individual younger than 14 years old" and is a second degree felony. Aggravated sexual abuse of a child (76-5-404.3) is a first degree felony.

Adolescents: unlawful adolescent sexual activity

Section 76-5-401.3 defines "adolescent" as "an individual who is 12 years old or older but younger than 18 years old." Under subsection (2)(a), the actor commits unlawful adolescent sexual activity if the actor is 12 or older but younger than 18, engages in sexual activity with an adolescent, is not the biological sibling of the adolescent, and both the actor and the adolescent mutually agree to the sexual activity. Under subsection (2)(b), the offense also applies where the actor engages in sexual activity with an adolescent who is 13, the actor is 18 and enrolled in high school at the time, the actor is not the biological sibling of the adolescent, and both mutually agree. Subsection (3)(a) assigns grades, from a class C misdemeanor to a third degree felony, to the specific combinations of the actor's and the adolescent's ages that it lists. A violation of subsection (2)(b) is a third degree felony.

14 or 15

Section 76-5-401 defines "minor" as "an individual who is 14 years old or older, but younger than 16 years old." An actor 18 years old or older commits unlawful sexual activity with a minor if the actor, among the conduct the section lists, has sexual intercourse with the minor. A violation is a third degree felony.

Section 76-5-401.1 (sexual abuse of a minor) applies where the actor "is four years or more older than the minor" and, with the intent to cause substantial emotional or bodily pain to any individual or to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area or any part of the genitals of the minor, touches the female breast of a minor, or otherwise takes indecent liberties with the minor. A violation of subsection (2)(a) is a class A misdemeanor.

16 or 17

Section 76-5-401.2 defines "minor" as "an individual who is 16 years old or older, but younger than 18 years old." An actor commits the offense if the actor is seven or more years older but less than 10 years older than the minor, engages in conduct listed in subsection (2)(b), and knew or reasonably should have known the age of the minor, or if the actor is 10 or more years older than the minor and engages in conduct listed in subsection (2)(b). A violation of subsection (2)(b)(i), (ii) or (iii) is a third degree felony, and a violation of subsection (2)(b)(iv) is a class A misdemeanor.

Positions of special trust

Section 76-5-406 lists circumstances in which an act is without the consent of the victim for the offenses it names, including rape, object rape, forcible sodomy, forcible sexual abuse, sexual abuse of a child and simple sexual abuse. Subsection (2)(j) applies where "the victim is younger than 18 years of age and at the time of the offense the actor was the victim's parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim as defined in Section 76-5-404.1."

Stack of court documents held together with a binder clip

Section 76-5-404.1 defines "position of special trust" to include an adoptive parent, adult athletic manager, aunt, babysitter, coach, cohabitant of a parent if an adult, counselor, doctor or physician, employer, foster parent, grandparent, legal guardian, parent, adult recreational leader, religious leader, adult sibling or stepsibling, adult scout leader, stepparent, teacher or other individual 18 or older employed by or volunteering at a public or private elementary or secondary school, instructor, professor or teaching assistant at a public or private institution of higher education, uncle, adult youth leader, and "any individual in a position of authority ... which enables the individual to exercise undue influence over the child." Since May 6, 2026 the parent item reads "a parent" rather than "a natural parent."

Subsection (2)(k) applies where "the victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat required" by other subsections.

How the age conditions work

The provisions work differently in different sections.

  • Elements. In 76-5-401 (actor 18 or older), 76-5-401.1 (actor four years or more older) and 76-5-401.2 (actor seven or more years older, with the knowledge condition stated in the section, or 10 or more years older), the actor's age or the difference in ages is written into the offense. In 76-5-401.3, the ages of both persons, the absence of a biological sibling relationship and mutual agreement are elements of the offense.
  • Grading factor. In 76-5-401(3)(b) and (c), the age provisions change the grade of an offense that has been committed. The section provides that "a violation of Subsection (2) is a class B misdemeanor if the defendant establishes by a preponderance of the evidence the mitigating factor that: (i) the defendant is less than four years older than the minor at the time the sexual activity occurred; or (ii) the defendant is 18 years old and enrolled in high school at the time the sexual activity occurred." Under subsection (3)(c), "if the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant was younger than 21 years old at the time the sexual activity occurred, the offense is a class A misdemeanor." These provisions change the grade and do not make the conduct lawful.

Other Utah statutes that protect minors

The following additional statutes apply to minors and can apply even where none of the offenses above does.

  • Custodial sexual relations and misconduct with youth receiving state services. Section 76-5-413 is a third degree felony, and a second degree felony if the youth receiving state services is younger than 18 (the definition also covers a youth younger than 25 in specified custody). Section 76-5-413.2 is a class A misdemeanor, and a third degree felony if the youth is younger than 18.
  • Unlawful kissing of a child or minor. Section 76-5-416.2 applies to an actor 18 or older and a child under 14. Section 76-5-416.4 applies to a minor 14 to under 18 and an actor 10 or more years older. Each is a class A misdemeanor.
  • Enticing a minor. Section 76-5-417 applies where the minor is under 18, including a person the actor believes to be a minor. The offense is graded one step below the sexual activity enticed: for example, a second degree felony upon a first conviction for enticing activity that would be a first degree felony. The section was amended by 2026 Laws of Utah, ch. 247.
  • Lewdness involving a child. Section 76-5-420 applies where the child is younger than 14; one group of the acts it lists requires an actor 18 or older, and the others have no actor-age condition. It is a class A misdemeanor, and a third degree felony in the circumstances the section lists.
  • Indecent exposure of another individual. Section 76-5-421 is a class A misdemeanor for a violation of subsection (2)(b) committed in the presence of an individual younger than 14.
  • Sexual relations with an adult high school student. Section 76-5-422, added in 2025, applies to an actor 21 or older in a position of special trust and an adult high school student aged 18 to 21 enrolled at a high school. It is a third degree felony.
  • Virtual-reality offenses. Section 76-5-423 (a child under 14 and an actor 18 or older; a third degree felony, or a class A misdemeanor if the actor is less than 10 years older) and 76-5-424 (a minor 14 to under 18 and an actor 10 or more years older; a class A misdemeanor).
  • Commercial sex involving a child. Section 76-5d-204 (patronizing a prostituted individual who is a child) is a second degree felony with a mandatory fine of not less than $20,000, with lower grades set by age where the actor is under 18. Section 76-5d-211 (sexual solicitation offering compensation to a child) is a second degree felony, with lower grades set by age where the actor is under 18. Section 76-5d-208 (aggravated exploitation of prostitution) is a first degree felony if the violation involves a child.
  • Custodial sexual relations and misconduct. Section 76-5-412 (a person in custody, such as a prisoner or a person under arrest or correctional supervision) is a second degree felony if the person in custody is younger than 18, and 76-5-412.2 is a third degree felony if the person in custody is younger than 18.
  • Incest. Section 76-7-102 is a third degree felony and applies to sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person, including an ancestor, descendant, sibling, uncle, aunt, nephew, niece or first cousin. It has no minor-age element.
  • Human trafficking of a child for commercial sexual exploitation. Section 76-5-308.6, enacted by 2026 Laws of Utah, ch. 247 (child means an individual younger than 18). Where done knowingly it is a first degree felony punishable by not less than 10 years, which may be for life, if the child is 14 to under 18, or not less than 15 years, which may be for life, if the child is under 14. Where done recklessly it is a second degree felony.
  • Sexual exploitation of a minor. Section 76-5b-201 applies to an actor who knowingly possesses, views, accesses with the intent to view, or maintains access with the intent to view, child sexual abuse material. It is a second degree felony. Subsection (5) provides an affirmative defense where the defendant did not solicit the material from the minor depicted, is not more than two years older than that minor, and removes or destroys the material on request, and the material does not depict an offense under chapter 5, part 4 other than 76-5-417, 418, 419 or 420. A version amended by Laws of Utah 2026, ch. 445, effective January 1, 2027, removes that exception for 76-5-417 through 420.

Penalties

The grade is stated in the offense section. The terms come from 76-3-203 (felonies) and 76-3-204 (misdemeanors) and the fine ceilings from 76-3-301: a felony of the second degree, not less than one year nor more than 15 years; a felony of the third degree, a term not to exceed five years; a class A misdemeanor under Title 76, chapter 5, a term not exceeding one year; a class B misdemeanor, not exceeding six months; a class C misdemeanor, not exceeding 90 days. Fines may not exceed $10,000 for a first or second degree felony, $5,000 for a third degree felony, $2,500 for a class A misdemeanor, $1,000 for a class B misdemeanor and $750 for a class C misdemeanor.

OffenseGradeSentence as stated
Rape of a child (76-5-402.1), object rape of a child (76-5-402.3), sodomy on a child (76-5-403.1)First degree felonyNot less than 25 years, which may be for life; imprisonment is mandatory
Aggravated sexual abuse of a child (76-5-404.3)First degree felonyNot less than 15 years, which may be for life
Sexual abuse of a child (76-5-404.1)Second degree felony1 to 15 years
Unlawful sexual activity with a minor (76-5-401)Third degree felony; class B or class A misdemeanor on a proven mitigating factorUp to 5 years; misdemeanor terms as above
Sexual abuse of a minor (76-5-401.1)Class A misdemeanorUp to one year
Unlawful sexual conduct with a 16- or 17-year-old (76-5-401.2)Third degree felony; class A misdemeanor for (2)(b)(iv)Up to 5 years; up to one year

For rape of a child, object rape of a child and sodomy on a child, the sections provide for life imprisonment without parole if the trier of fact finds either that the defendant caused serious bodily injury to the victim during the offense or that the defendant was previously convicted of a grievous sexual offense, but not if the defendant was under 18. If the court finds that a lesser term is in the interests of justice and states its reasons on the record, for a first-time offender younger than 21 at the time of the offense, the court may impose a minimum of 15, 10 or six years, which may be for life.

Sex offender registration

Utah's sex, kidnap and child abuse registry is governed by 53-29-202 (registrable offenses) and 53-29-203 (registration length). The list in 53-29-202 includes rape of a child, object rape of a child, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, incest, lewdness involving a child, human trafficking of a child, sexual exploitation of a minor and enticing a minor, and the following: "unlawful sexual activity with a minor under Section 76-5-401, except as provided in Subsection 76-5-401(3)(b) or (c); sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense unless the individual was younger than 21 years old at the time of the offense then on the individual's second offense; unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2."

Under 53-29-203, registration lasts 10 years after the day the offender's sentence has been terminated for most of the listed offenses, including a felony violation of unlawful sexual activity with a minor, sexual abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, incest and lewdness involving a child. It lasts the offender's lifetime for offenses including rape, rape of a child, object rape, object rape of a child, sodomy on a child, aggravated sexual abuse of a child, aggravated sexual assault, forcible sodomy, sexual abuse of a child, sexual exploitation of a minor, aggravated sexual exploitation of a minor, human trafficking of a child for commercial sexual exploitation (if the offender was not the parent) and a felony violation of enticing a minor to one of the listed offenses, and for repeat offenders. Attempt, solicitation or conspiracy to commit a felony violation of rape, rape of a child, object rape, object rape of a child, sodomy on a child, aggravated sexual abuse of a child or aggravated sexual assault is also in the lifetime tier; attempt, solicitation or conspiracy to commit forcible sodomy, sexual abuse of a child, sexual exploitation of a minor or the other offenses listed in 53-29-203(1)(a)(xxvi) is in the 10-year tier.

For an offense requiring lifetime registration, the statute provides: "If the sentencing court at any time after an offender is convicted ... determines that the offender was under 21 years old at the time the offense was committed and the offense did not involve force or coercion, the requirement that the offender register for the offender's lifetime does not apply and the offender shall register for 10 years after the day on which the offender's sentence for the offense has been terminated." This is a registration provision and does not change whether the underlying conduct is an offense. Separately, under 53-29-203(4), an individual under 18 who commits a registrable offense after May 3, 2023 is not subject to registration unless charged by criminal information in juvenile court, bound over to district court and convicted, or committed to secure care as 53-29-202(1)(f) describes.

Recent changes

  • Laws of Utah 2026, ch. 155 (effective May 6, 2026): in the 76-5-404.1 position-of-special-trust list, "a natural parent" now reads "a parent." The age definitions are unchanged.
  • 2026, ch. 247 (effective May 6, 2026): enacted 76-5-308.6 (human trafficking of a child for commercial sexual exploitation) and amended 76-5-417 (enticing a minor).
  • 2026, chs. 330 and 458 (effective May 6, 2026): amended the registry sections 53-29-202 and 53-29-203, whose current lists are described above. Chapter 26 amended 76-5-418 (sexual battery).
  • 2025, chs. 223, 291 and 320 (effective May 7, 2025): amended 76-5-401, 401.1, 401.2 and 401.3. The amendments removed from 76-5-401 the subparagraphs stating that violations under (3)(b)(i) and (3)(c)(i) were not subject to registration under the earlier registration statute, removed a first-offense registration-exemption clause from 76-5-401.1, and added a definition of "female breast." The protected ages and the four-year, seven-year, 10-year and under-21 provisions did not change.
  • 2025: other acts amended 76-5-402, 402.2 and 403 (ch. 412), enacted 76-5-422 (ch. 204) and 76-5-423 and 424 (ch. 253), and amended incest, 76-7-102 (ch. 426).
  • 2024, ch. 97 (effective May 1, 2024): last amendment to 76-5-402.1 and 76-5-402.3.

How to report

If a child is in immediate danger, call 911. The Utah Division of Child and Family Services child abuse reporting page states: "please call the Intake Hotline at 1-855-323-DCFS (3237)." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Utah criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Utah.

Frequently Asked Questions

Does Utah use a single age for its age-based offenses?

No. Utah uses age bands. Section 76-5-402.1 and related sections define a child as an individual younger than 14; 76-5-401 and 76-5-401.1 define a minor as 14 or older but younger than 16; and 76-5-401.2 defines a minor as 16 or older but younger than 18. Section 76-5-406(2)(j) separately applies to a victim younger than 18 where the actor is a parent or holds a position of special trust.

What does the four-year provision in section 76-5-401 do?

It changes the grade. A violation of 76-5-401(2) is a third degree felony, and it is a class B misdemeanor if the defendant establishes by a preponderance of the evidence that the defendant is less than four years older than the minor or is 18 and enrolled in high school. It does not make the conduct lawful, and a class A misdemeanor grade applies on proof that the defendant was younger than 21.

Where can the statute text be found?

The Utah Code is published by the Utah Legislature at le.utah.gov. Title 76, chapter 5, part 4 contains the sexual offenses, Title 76, chapter 3 the penalties and Title 53, chapter 29 the registry provisions.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Utah Code 76-5-401 (Unlawful sexual activity with a minor)(le.utah.gov).gov
  2. Utah Code 76-5-401.1 (Sexual abuse of a minor)(le.utah.gov).gov
  3. Utah Code 76-5-401.2 (Unlawful sexual conduct with a 16- or 17-year-old)(le.utah.gov).gov
  4. Utah Code 76-5-401.3 (Unlawful adolescent sexual activity)(le.utah.gov).gov
  5. Utah Code 76-5-402.1 (Rape of a child)(le.utah.gov).gov
  6. Utah Code 76-5-402.3 (Object rape of a child)(le.utah.gov).gov
  7. Utah Code 76-5-403.1 (Sodomy on a child)(le.utah.gov).gov
  8. Utah Code 76-5-404.1 (Sexual abuse of a child)(le.utah.gov).gov
  9. Utah Code 76-5-404.3 (Aggravated sexual abuse of a child)(le.utah.gov).gov
  10. Utah Code 76-5-406 (Sexual offenses against the victim without consent; circumstances)(le.utah.gov).gov
  11. Utah Code 76-5-413 (Custodial sexual relations with youth receiving state services)(le.utah.gov).gov
  12. Utah Code 76-5-413.2 (Custodial sexual misconduct with youth receiving state services)(le.utah.gov).gov
  13. Utah Code 76-5-416.2 (Unlawful kissing of a child)(le.utah.gov).gov
  14. Utah Code 76-5-416.4 (Unlawful kissing of a minor)(le.utah.gov).gov
  15. Utah Code 76-5-417 (Enticing a minor)(le.utah.gov).gov
  16. Utah Code 76-5-420 (Lewdness involving a child)(le.utah.gov).gov
  17. Utah Code 76-5-422 (Sexual relations with an adult high school student)(le.utah.gov).gov
  18. Utah Code 76-5-423 (Unlawful sexual activity with a child using virtual reality)(le.utah.gov).gov
  19. Utah Code 76-5-424 (Unlawful sexual activity with a minor using virtual reality)(le.utah.gov).gov
  20. Utah Code 76-5-308.6 (Human trafficking of a child for commercial sexual exploitation)(le.utah.gov).gov
  21. Utah Code 76-7-102 (Incest)(le.utah.gov).gov
  22. Utah Code 76-5b-201 (Sexual exploitation of a minor)(le.utah.gov).gov
  23. Utah Code 76-3-203 (Felony sentences)(le.utah.gov).gov
  24. Utah Code 76-3-204 (Misdemeanor sentences)(le.utah.gov).gov
  25. Utah Code 76-3-301 (Fines)(le.utah.gov).gov
  26. Utah Code 53-29-202 (Registrable offenses, version effective 2026-05-06)(le.utah.gov).gov
  27. Utah Code 53-29-203 (Registration length, version effective 2026-05-06)(le.utah.gov).gov
  28. Utah DCFS: Child abuse reporting(dcfs.utah.gov).gov
  29. Section 76-5-421(le.utah.gov).gov
  30. Section 76-5d-204(le.utah.gov).gov
  31. Section 76-5d-211(le.utah.gov).gov
  32. Section 76-5d-208(le.utah.gov).gov
  33. Section 76-5-412(le.utah.gov).gov
  34. 76-5-412.2(le.utah.gov).gov
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