State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-05 > 76-5-407

76-5-407. Applicability of part -- "Penetration" or "touching" sufficient toconstitute offense.
(1) The provisions of this part do not apply to consensual conduct between personsmarried to each other.
(2) In any prosecution for:
(a) the following offenses, any sexual penetration, however slight, is sufficient toconstitute the relevant element of the offense:
(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involvingsexual intercourse;
(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Subsection76-5-401.2, involving sexual intercourse; or
(iii) rape, a violation of Section 76-5-402; or
(b) the following offenses, any touching, however slight, is sufficient to constitute therelevant element of the offense:
(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving actsof sodomy;
(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2,involving acts of sodomy;
(iii) sodomy, a violation of Subsection 76-5-403(1);
(iv) forcible sodomy, a violation of Subsection 76-5-403(2);
(v) rape of a child, a violation of Section 76-5-402.1; or
(vi) object rape of a child, a violation of Section 76-5-402.3.
(3) In any prosecution for the following offenses, any touching, even if accomplishedthrough clothing, is sufficient to constitute the relevant element of the offense:
(a) sodomy on a child, a violation of Section 76-5-403.1; or
(b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section76-5-404.1.

Amended by Chapter 128, 2000 General Session