reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 403.1 - Sodomy on a child -- Penalties.

Effective 5/4/2022
76-5-403.1.
Sodomy on a child -- Penalties.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits sodomy on a child if:
(i) the actor engages in any sexual act upon or with another individual;
(ii) the individual is younger than 14 years old; and
(iii) the sexual act involves the genitals or anus of the actor or the individual and the mouth or anus of either the actor or individual.
(b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3) A violation of Subsection (2)(a) is a first degree felony punishable by a term of imprisonment of:
(a) except as provided in Subsections (3)(b) and (5), not less than 25 years and which may be for life; or
(b) life without parole, if the trier of fact finds that:
(i) during the course of the commission of the sodomy on a child the defendant caused serious bodily injury to the victim; or
(ii) at the time of the commission of the sodomy on a child, the defendant was previously convicted of a grievous sexual offense.
(4) Subsection (3)(b) does not apply if the defendant was younger than 18 years old at the time of the offense.
(5)
(a) When imposing a sentence under Subsections (3)(a) and (5)(b), a court may impose a term of imprisonment under Subsection (5)(b) if:
(i) it is a first time offense for the defendant under this section;
(ii) the defendant was younger than 21 years old at the time of the offense; and
(iii) the court finds that a lesser term than the term described in Subsection (3)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
(b) If the conditions of Subsection (5)(a) are met, the court may impose a term of imprisonment of not less than:
(i) 15 years and which may be for life;
(ii) 10 years and which may be for life; or
(iii) six years and which may be for life.
(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 404 - Forcible sexual abuse -- Penalties -- Limitations.

Effective 5/4/2022
76-5-404.
Forcible sexual abuse -- Penalties -- Limitations.
(1)
(a) As used in this section, "indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits forcible sexual abuse if:
(i) without the consent of the individual, the actor:
(A) touches the anus, buttocks, pubic area, or any part of the genitals of another individual;
(B) touches the breast of another individual who is female; or
(C) otherwise takes indecent liberties with another individual;
(ii) the actor intends to:
(A) cause substantial emotional or bodily pain to any individual; or
(B) arouse or gratify the sexual desire of any individual; and
(iii) the individual described in Subsection (2)(a)(i)(A), (B), or (C) is 14 years old or older.
(b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3)
(a) A violation of Subsection (2) is a felony of the second degree, punishable by a term of imprisonment of not less than one year nor more than 15 years.
(b)
(i) Notwithstanding Subsection (3)(a) and except as provided in Subsection (3)(b)(ii), a violation of Subsection (2) is a felony of the first degree, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to the victim.
(ii) If, when imposing a sentence under Subsection (3)(b)(i), a court finds that a lesser term than the term described in Subsection (3)(b)(i) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
(A) 10 years and which may be for life; or
(B) six years and which may be for life.
(4) The offenses referred to in Subsection (2)(a) are:
(a) rape, in violation of Section 76-5-402;
(b) object rape, in violation of Section 76-5-402.2;
(c) forcible sodomy, in violation of Section 76-5-403; or
(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
(5) Imprisonment under Subsection (3)(b) or (4) is mandatory in accordance with Section 76-3-406.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 404.1 - Sexual abuse of a child -- Penalties -- Limitations.

Effective 5/4/2022
76-5-404.1.
Sexual abuse of a child -- Penalties -- Limitations.
(1)
(a) As used in this section:
(i) "Adult" means an individual 18 years old or older.
(ii) "Child" means an individual younger than 14 years old.
(iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(iv) "Position of special trust" means:
(A) an adoptive parent;
(B) an athletic manager who is an adult;
(C) an aunt;
(D) a babysitter;
(E) a coach;
(F) a cohabitant of a parent if the cohabitant is an adult;
(G) a counselor;
(H) a doctor or physician;
(I) an employer;
(J) a foster parent;
(K) a grandparent;
(L) a legal guardian;
(M) a natural parent;
(N) a recreational leader who is an adult;
(O) a religious leader;
(P) a sibling or a stepsibling who is an adult;
(Q) a scout leader who is an adult;
(R) a stepparent;
(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;
(T) an instructor, professor, or teaching assistant at a public or private institution of higher education;
(U) an uncle;
(V) a youth leader who is an adult; or
(W) any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue influence over the child.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a child if the actor:
(i)
(A) touches the anus, buttocks, pubic area, or genitalia of any child;
(B) touches the breast of a female child; or
(C) otherwise takes indecent liberties with a child; and
(ii) the actor's conduct is with intent to:
(A) cause substantial emotional or bodily pain to any individual; or
(B) to arouse or gratify the sexual desire of any individual.
(b) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3) A violation of Subsection (2) is a second degree felony.
(4) The offenses referred to in Subsection (2)(a) are:
(a) rape of a child, in violation of Section 76-5-402.1;
(b) object rape of a child, in violation of Section 76-5-402.3;
(c) sodomy on a child, in violation of Section 76-5-403.1; or
(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
(5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 406.3 - Applicability of sentencing provisions.

Effective 5/4/2022
76-5-406.3.
Applicability of sentencing provisions.
A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; Section 76-5-404.3, aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault shall be sentenced as follows:
(1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in accordance with the statutory provisions in effect prior to that date.
(2) If the person commits the crime and is sentenced on or after April 29, 1996, he shall be punished in accordance with the statutory provisions in effect after April 29, 1996.
(3) If the person commits the crime prior to April 29, 1996, but is sentenced on or after April 29, 1996, he shall be given the option prior to sentencing to proceed either under the law which was in effect at the time the offense was committed or the law which was in effect at the time of sentencing. If the person refuses to select, the court shall sentence the person in accordance with the law in effect at the time of sentencing. The provisions of Subsections 77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to be sentenced in accordance with the law in effect prior to April 29, 1996.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 407 - Consensual conduct in marriage.

Effective 5/4/2022
76-5-407.
Consensual conduct in marriage.
The provisions of this part do not apply to consensual conduct between individuals married to each other.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 409 - Corroboration of admission by child's statement.

76-5-409.
Corroboration of admission by child's statement.
(1) Notwithstanding any provision of law requiring corroboration of admissions or confessions, and notwithstanding any prohibition of hearsay evidence, a child's statement indicating in any manner the occurrence of the sexual offense involving the child is sufficient corroboration of the admission or the confession regardless of whether or not the child is available to testify regarding the offense.
(2) A child, for purposes of Subsection (1), is a person under the age of 14.
Enacted by Chapter 88, 1983 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 410 - Child victim of sexual abuse as competent witness.

76-5-410.
Child victim of sexual abuse as competent witness.
A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony.
Amended by Chapter 74, 1985 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 412.2 - Custodial sexual misconduct -- Penalties -- Defenses.

Effective 5/4/2022
76-5-412.2.
Custodial sexual misconduct -- Penalties -- Defenses.
(1)
(a) As used in this section:
(i) "Actor" means the same as that term is defined in Section 76-5-412.
(ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(iii) "Person in custody" means the same as that term is defined in Section 76-5-412.
(iv) "Private provider or contractor" means the same as that term is defined in Section 76-5-412.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a) An actor commits custodial sexual misconduct if:
(i) the actor commits any of the acts under Subsection (2)(b) under circumstances not amounting to commission of, or an attempt to commit, an offense under Subsection 76-5-412(4); and
(ii)
(A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor's position should have known under the circumstances that the individual was a person in custody.
(b) Acts referred to in Subsection (2)(a) are the following acts when committed with the intent to cause substantial emotional or bodily pain to another individual or with the intent to arouse or gratify the sexual desire of any individual:
(i) touching the anus, buttocks, pubic area, or any part of the genitals of a person in custody;
(ii) touching the breast of a female person in custody; or
(iii) otherwise taking indecent liberties with a person in custody.
(3)
(a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18 years old, a violation of Subsection (2) is a third degree felony.
(c) If the act committed under Subsection (2) amounts to an offense subject to a greater penalty under another provision of state law than is provided under this Subsection (3), this Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
(4)
(a) It is not a defense to the commission of, or attempt to commit, the offense described in Subsection (2) if the person in custody is younger than 18 years old, that the actor:
(i) mistakenly believed the person in custody to be 18 years old or older at the time of the alleged offense; or
(ii) was unaware of the true age of the person in custody.
(b) Consent of the person in custody is not a defense to any violation or attempted violation of Subsection (2).
(5) It is a defense that the commission by the actor of an act under Subsection (2) is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
Enacted by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 414 - Child conceived as a result of sexual offense -- Custody and parent-time.

76-5-414.
Child conceived as a result of sexual offense -- Custody and parent-time.
(1) A person convicted of a violation of Title 76, Chapter 5, Part 4, Sexual Offenses, except for Sections 76-5-401 and 76-5-401.2, that results in conception of a child may not be granted custody or parent-time rights by a court regarding the child, unless:
(a) the nonconvicted biological parent or legal guardian of the child consents and the court determines it is in the best interest of the child to award custody or parent-time to the convicted person; or
(b) after the date of the conviction, the biological parents cohabit and establish a mutual custodial environment for the child.
(2) A denial of custody or parent-time under this section may not in and of itself:
(a) terminate the parental rights of the person denied parent-time or custody; or
(b) affect the obligation of the convicted person to financially support the child.
Enacted by Chapter 193, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 4 - Sexual Offenses › Section 415 - Educator's license subject to action for violation of this part.

Effective 3/22/2018
76-5-415.
Educator's license subject to action for violation of this part.
Commission of any offense under this Title 76, Chapter 5, Part 4, Sexual Offenses, by an educator as defined in Section 53E-6-102, is grounds under Section 53E-6-604 for disciplinary action against the educator, including revocation of the educator's license.
Amended by Chapter 415, 2018 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 7 - Genital Mutilation › Section 701 - Female genital mutilation definition.

Effective 9/1/2022
76-5-701.
Female genital mutilation definition.
(1) As used in this part, "female genital mutilation" means any procedure that involves partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including:
(a) clitoridectomy;
(b) the partial or total removal of the clitoris or the prepuce;
(c) excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;
(e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
(f) any other actions intended to alter the structure or function of the female genitalia for non-medical reasons.
(2) Female genital mutilation is considered a form of child abuse for mandatory reporting under Section 80-2-602.
Amended by Chapter 181, 2022 General Session
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 7 - Genital Mutilation › Section 702 - Prohibition on female genital mutilation -- Exceptions.

Effective 5/4/2022
76-5-702.
Prohibition on female genital mutilation -- Exceptions.
(1) Terms defined in Sections 76-1-101.5 and 76-5-701 apply to this section.
(2) An actor commits female genital mutilation if the actor:
(a) performs a procedure described in Section 76-5-701 on a female under 18 years old;
(b) gives permission for or permits a procedure described in Section 76-5-701 to be performed on a female under 18 years old; or
(c) removes or causes, permits, or facilitates the removal of a female under 18 years old from this state for the purpose of facilitating the performance of a procedure described in Section 76-5-701 on the female.
(3) A violation of Subsection (2) is a second degree felony.
(4) It is not a defense to this section that the conduct described in Section 76-5-701 is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed or the individual's parent or guardian consented to the procedure.
(5) A surgical procedure is not a violation of this section if the procedure is performed by a physician licensed as a medical professional in the place it is performed and the procedure is:
(a) medically advisable;
(b) necessary to preserve or protect the physical health of the individual on whom it is performed; or
(c) requested for sex reassignment surgery by the individual on whom it is performed.
(6) The license of any medical professional licensed in accordance with Title 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician Assistant Act, who is convicted of a violation of this section shall be permanently revoked by the appropriate licensing board.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 7 - Genital Mutilation › Section 703 - Community education program.

Effective 9/1/2022
76-5-703.
Community education program.
(1) The director of the Department of Health shall develop a community education program regarding female genital mutilation.
(2) The program shall include:
(a) education, prevention, and outreach materials regarding the health risks and emotional trauma inflicted by the practice of female genital mutilation;
(b) ways to develop and disseminate information regarding recognizing the risk factors associated with female genital mutilation; and
(c) training materials for law enforcement, teachers, and others who are mandated reporters under Section 80-2-602, encompassing:
(i) risk factors associated with female genital mutilation;
(ii) signs that an individual may be a victim of female genital mutilation;
(iii) best practices for responses to victims of female genital mutilation; and
(iv) the criminal penalties associated with the facilitation or commission of female genital mutilation.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5 - Offenses Against the Individual › Part 7 - Genital Mutilation › Section 704 - Civil cause of action.

Effective 5/4/2022
76-5-704.
Civil cause of action.
(1) An individual upon whom female genital mutilation was performed may bring a civil action in any court of competent jurisdiction for female genital mutilation any time within 10 years of:
(a) the procedure being performed; or
(b) the victim's 18th birthday.
(2) The court may award actual, compensatory, and punitive damages, and any other appropriate relief.
(3) A prevailing plaintiff shall be awarded attorney fees and costs.
(4) Treble damages may be awarded if the plaintiff proves the defendant's acts were willful and malicious.
(5) If a health care provider is charged and prosecuted for a violation of Section 76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under this section.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5b - Sexual Exploitation Act › Part 1 - General Provisions › Section 102 - Legislative determinations -- Purpose of chapter.

76-5b-102.
Legislative determinations -- Purpose of chapter.
(1) The Legislature of Utah determines that:
(a) the sexual exploitation of a minor is excessively harmful to the minor's physiological, emotional, social, and mental development;
(b) the sexual exploitation of a vulnerable adult who lacks the capacity to consent to sexual exploitation can result in excessive harm to the vulnerable adult's physiological, emotional, and social well-being;
(c) a minor cannot intelligently and knowingly consent to sexual exploitation;
(d) regardless of whether it is classified as legally obscene, material that sexually exploits a minor, or a vulnerable adult who does not have the capacity to consent to sexual exploitation, is not protected by the First Amendment of the United States Constitution or by the First or Fifteenth sections of Article I of the Utah Constitution and may be prohibited; and
(e) prohibition of and punishment for the distribution, possession, possession with intent to distribute, and production of materials that sexually exploit a minor, or a vulnerable adult who lacks the capacity to consent to sexual exploitation, is necessary and justified to eliminate the market for those materials and to reduce the harm to the minor or vulnerable adult inherent in the perpetuation of the record of the minor's or vulnerable adult's sexually exploitive activities.
(2) It is the purpose of this chapter to prohibit the production, possession, possession with intent to distribute, and distribution of materials that sexually exploit a minor, or a vulnerable adult who lacks capacity to consent to sexual exploitation, regardless of whether the materials are classified as legally obscene.
Renumbered and Amended by Chapter 320, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5b - Sexual Exploitation Act › Part 2 - Sexual Exploitation › Section 202 - Sexual exploitation of a vulnerable adult -- Offenses.

Effective 5/3/2023
76-5b-202.
Sexual exploitation of a vulnerable adult -- Offenses.
(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits sexual exploitation of a vulnerable adult if the actor:
(a)
(i)
(A) knowingly produces, possesses, or possesses with intent to distribute material that the actor knows is vulnerable adult sexual abuse material; or
(B) intentionally distributes or views material that the actor knows is vulnerable adult sexual abuse material; and
(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult sexual abuse material lacks capacity to consent to the conduct described in Subsection (2)(a); or
(b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (2)(a).
(3)
(a) A violation of Subsection (2) is a third degree felony.
(b) It is a separate offense under this section:
(i) for each vulnerable adult depicted in the vulnerable adult sexual abuse material; and
(ii) for each time the same vulnerable adult is depicted in different vulnerable adult sexual abuse material.
(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of vulnerable adult sexual abuse material on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult sexual abuse material on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Amended by Chapter 231, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5b - Sexual Exploitation Act › Part 2 - Sexual Exploitation › Section 203.5 - Misuse of intimate image during a criminal action.

Effective 5/4/2022
76-5b-203.5.
Misuse of intimate image during a criminal action.
(1)
(a) As used in this section:
(i) "Criminal action" means the same as that term is defined in Section 77-1-3.
(ii) "Intimate image" means the same as that term is defined in Section 76-5b-203.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits misuse of an intimate image during a criminal action if the actor:
(a) obtains access to an intimate image in the course of a criminal action; and
(b) intentionally displays, duplicates, copies, or shares the intimate image, unless:
(i) displaying, duplicating, copying, or sharing the intimate image is done solely for the purpose of the adjudication, defense, prosecution or investigation of a criminal matter involving the intimate image;
(ii) each individual who is the subject of the intimate image gives written permission to display, duplicate, copy, or share the intimate image; or
(iii) the intimate image was not created by or provided to the actor under circumstances in which the depicted individual has a reasonable expectation of privacy.
(3) A violation of Subsection (2) is:
(a) a class A misdemeanor for a first offense; or
(b) a third degree felony for each subsequent offense.
(4) Nothing in this section precludes an agency that employs an individual who is involved in a criminal action from establishing internal policies for an individual's violation of this section.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5b - Sexual Exploitation Act › Part 3 - Miscellaneous › Section 301 - Determination whether material violates chapter.

76-5b-301.
Determination whether material violates chapter.
(1) In determining whether material is in violation of this chapter, the material need not be considered as a whole, but may be examined by the trier of fact in part only.
(2) It is not an element of the offense of sexual exploitation of a minor that the material appeal to the prurient interest in sex of the average person nor that prohibited conduct need be portrayed in a patently offensive manner.
(3) It is not an element of the offense of sexual exploitation of a vulnerable adult that the material appeal to the prurient interest in sex of the average person nor that prohibited conduct need be portrayed in a patently offensive manner.
Renumbered and Amended by Chapter 320, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 5b - Sexual Exploitation Act › Part 3 - Miscellaneous › Section 302 - Lack of knowledge of age not a defense.

76-5b-302.
Lack of knowledge of age not a defense.
It is not a defense to an offense described in this chapter that the accused did not know the age of the victim.
Enacted by Chapter 320, 2011 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 101 - Definitions.

Effective 5/3/2023
76-6-101.
Definitions.
(1) As used in this part:
(a) "Etching" means defacing, damaging, or destroying hard surfaces by means of an abrasive object, a knife, or an engraving device, or a chemical action which uses any caustic cream, gel, liquid, or solution.
(b) "Fire" means a flame, heat source capable of combustion, or material capable of combustion that is caused, set, or maintained by a person for any purpose.
(c) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching, painting, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act.
(d) "Habitable structure" means a structure that has the apparent purpose of or is used for lodging or assembling persons or conducting business whether a person is actually present or not.
(e) "Property" means:
(i) any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure; and
(ii) the property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property.
(f) "Value" means:
(i) the market value of the property, if totally destroyed, at the time and place of the offense, or where cost of replacement exceeds the market value; or
(ii) where the market value cannot be ascertained, the cost of repairing or replacing the property within a reasonable time following the offense.
(2) Terms defined in Section 76-1-101.5 apply to this part.
(3) If the property damaged has a value that cannot be ascertained by the criteria set forth in Subsection (1)(f), the property shall be considered to have a value less than $500.
Amended by Chapter 102, 2023 General Session
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 102 - Arson.

Effective 5/3/2023
76-6-102.
Arson.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits arson if, under circumstances not amounting to aggravated arson, the person by means of fire or explosives unlawfully and intentionally damages:
(a) any property with intention of defrauding an insurer; or
(b) the property of another.
(3)
(a) A violation of Subsection (2)(a) is a second degree felony.
(b) A violation of Subsection (2)(b) is a second degree felony if:
(i) the damage caused is or exceeds $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers serious bodily injury as defined in Section 76-1-101.5;
(iii)
(A) the damage caused is or exceeds $1,500 but is less than $5,000 in value; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(c) A violation of Subsection (2)(b) is a third degree felony if:
(i) the damage caused is or exceeds $1,500 but is less than $5,000 in value;
(ii) as a proximate result of the fire or explosion, any person not a participant in the offense suffers substantial bodily injury as defined in Section 76-1-101.5;
(iii) the fire or explosion endangers human life; or
(iv)
(A) the damage caused is or exceeds $500 but is less than $1,500 in value; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(d) A violation of Subsection (2)(b) is a class A misdemeanor if the damage caused:
(i) is or exceeds $500 but is less than $1,500 in value; or
(ii)
(A) is less than $500; and
(B) at the time of the offense the actor has been previously convicted of a violation of this section or Section 76-6-103 regarding aggravated arson within 10 years prior to the commission of the violation of Subsection (2)(b).
(e) A violation of Subsection (2)(b) is a class B misdemeanor if the damage caused is less than $500.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 103 - Aggravated arson.

Effective 5/3/2023
76-6-103.
Aggravated arson.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits aggravated arson if by means of fire or explosives the actor intentionally and unlawfully damages:
(a) a habitable structure; or
(b) any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.
(3) A violation of Subsection (2) is a first degree felony.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 104 - Reckless burning.

Effective 5/3/2023
76-6-104.
Reckless burning.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits reckless burning if the actor:
(a) recklessly starts a fire or causes an explosion which endangers human life;
(b) having started a fire, whether recklessly or not, and knowing that it is spreading and will endanger the life or property of another, either fails to take reasonable measures to put out or control the fire or fails to give a prompt fire alarm;
(c) builds or maintains a fire without taking reasonable steps to remove all flammable materials surrounding the site of the fire as necessary to prevent the fire's spread or escape; or
(d) damages the property of another by reckless use of fire or causing an explosion.
(3)
(a) A violation of Subsection (2)(a) or (b) is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is a class B misdemeanor.
(c) A violation of Subsection (2)(d) is:
(i) a class A misdemeanor if damage to property is or exceeds $1,500 in value;
(ii) a class B misdemeanor if the damage to property is or exceeds $500 but is less than $1,500 in value; and
(iii) a class C misdemeanor if the damage to property is or exceeds $150 but is less than $500 in value.
(d) Any other violation under Subsection (2)(d) is an infraction.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 104.5 - Abandoned fire -- Penalties.

Effective 5/3/2023
76-6-104.5.
Abandonment of a fire -- Penalties.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits abandonment of a fire if, under circumstances not amounting to the offense of arson, aggravated arson, or causing a catastrophe, the actor leaves a fire:
(a) without first completely extinguishing it; and
(b) with the intent to not return to the fire.
(3) A violation of Subsection (2):
(a) is a class C misdemeanor if there is no property damage;
(b) is a class B misdemeanor if property damage is less than $1,000 in value; and
(c) is a class A misdemeanor if property damage is or exceeds $1,000 in value.
(4) An actor does not commit a violation of Subsection (2) if the actor leaves a fire to report an uncontrolled fire.
(5) If a violation of Subsection (2) involves a wildland fire, the actor is also liable for suppression costs under Section 65A-3-4.
(6) A fire spreading or reigniting is prima facie evidence that the actor did not completely extinguish the fire as required by Subsection (2)(a).
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 105 - Causing a catastrophe -- Penalties.

Effective 5/3/2023
76-6-105.
Causing a catastrophe -- Penalties.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits causing a catastrophe if the actor causes widespread injury or damage to persons or property by:
(a) use of a weapon of mass destruction as defined in Section 76-10-401; or
(b) explosion, fire, flood, avalanche, collapse of a building, or other harmful or destructive force or substance that is not a weapon of mass destruction.
(3) A violation of Subsection (2) is:
(a) a first degree felony if the actor causes the catastrophe knowingly and by the use of a weapon of mass destruction;
(b) a second degree felony if the actor causes the catastrophe knowingly and by a means other than a weapon of mass destruction; and
(c) a class A misdemeanor if the actor causes the catastrophe recklessly.
(4) In addition to any other penalty authorized by law, a court shall order an actor convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to the violation, unless the court states on the record the reasons why the reimbursement would be inappropriate.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 106 - Criminal mischief.

Effective 5/3/2023
76-6-106.
Criminal mischief.
(1)
(a) As used in this section, "critical infrastructure" includes:
(i) financial and banking systems;
(ii) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;
(iii) health care facilities as listed in Section 26B-2-201, and emergency fire, medical, and law enforcement response systems;
(iv) public health facilities and systems;
(v) food distribution systems; and
(vi) other government operations and services.
(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits criminal mischief if the actor:
(a) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure; or
(b) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
(3)
(a) A violation of Subsection (2)(a)(i)(A) is a class A misdemeanor.
(b) A violation of Subsection (2)(a)(i)(B) is a class B misdemeanor.
(c) A violation of Subsection (2)(a)(ii) is a second degree felony.
(d) Any other violation of this section is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order an actor convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to a violation of Subsection (2)(a)(ii), unless the court states on the record the reasons why the reimbursement would be inappropriate.
Amended by Chapter 111, 2023 General Session
Amended by Chapter 179, 2023 General Session
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 106.1 - Property damage or destruction.

Effective 5/3/2023
76-6-106.1.
Property damage or destruction.
(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits property damage or destruction if the actor under circumstances not amounting to arson or criminal mischief:
(a) damages or destroys property with the intention of defrauding an insurer; or
(b) intentionally damages, defaces, or destroys the property of another.
(3)
(a)
(i) Except as provided in Subsection (3)(a)(ii), a violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(a) is a second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000.
(b) A violation of Subsection (2)(b) is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
Enacted by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 107.5 - Vandalism of public lands.

Effective 5/3/2023
76-6-107.5.
Defacing by graffiti on public lands.
(1)
(a) As used in this section, "public lands" means state or federally owned property that is held substantially in the property's natural state, including canyons, parks owned or managed by the state, national parks, land managed by the Bureau of Land Management, and other lands owned or maintained by a government entity for outdoor recreational use.
(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits defacing by graffiti on public lands if the actor creates, or assists in creating, graffiti on any public lands or state-owned object permanently located on public lands.
(3) A violation of Subsection (2) is;
(a) a class B misdemeanor; or
(b) if the individual was previously convicted of violating this section, a class A misdemeanor.
(4) If an actor is convicted of defacing by graffiti on public lands, the court shall sentence the actor to a term of community service as follows:
(a) for a first conviction, the court shall sentence the actor to 100 hours of community service, to be completed within 90 days after the day on which the court issues the order;
(b) for a second conviction, the court shall sentence the actor to 200 hours of community service, to be completed within 180 days after the day on which the court issues the order; or
(c) for a third or subsequent conviction, the court shall sentence the actor to 300 hours of community service, to be completed within 270 days after the day on which the court issues the order.
(5) If an actor is enrolled in school or maintains full or part-time employment, the ordered community service may not be scheduled at a time the actor is scheduled to be in school or performing the individual's employment duties.
(6) A sentence of community service described in Subjection (4) shall, to the greatest extent possible, be for the benefit of public lands.
(7) If an actor is convicted of defacing by graffiti on public lands, the court may impose a fine up to the full amount of the estimated cost to restore the damaged land, caused by the actor, to the land's original state.
(8) An actor who voluntarily, at the actor's own expense, and with the consent of the property owner, removes graffiti for which the actor is responsible shall be credited for costs ordered by the court under Subsection (7).
Amended by Chapter 111, 2023 General Session
Amended by Chapter 411, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 108 - Damage to or interruption of a communication device -- Penalty.

Effective 5/3/2023
76-6-108.
Damage to or interruption of a communication device -- Penalty.
(1)
(a) As used in this section:
(i) "Communication device" means any device, including a telephone, cellular telephone, computer, or radio, which may be used in an attempt to summon police, fire, medical, or other emergency aid.
(ii) "Emergency aid" means aid or assistance, including law enforcement, fire, or medical services, commonly summoned by persons concerned with imminent or actual:
(A) jeopardy to any person's health or safety; or
(B) damage to any person's property.
(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits damage to or interruption of a communication device if the actor attempts to prohibit or interrupt, or prohibits or interrupts, another person's use of a communication device when the other person is attempting to summon emergency aid or has communicated a desire to summon emergency aid, and in the process the actor:
(a) uses force, intimidation, or any other form of violence;
(b) destroys, disables, or damages a communication device; or
(c) commits any other act in an attempt to prohibit or interrupt the person's use of a communication device to summon emergency aid.
(3) A violation of Subsection (2) is a class B misdemeanor.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 6 - Offenses Against Property › Part 1 - Property Destruction › Section 112 - Agricultural operation interference -- Penalties.

Effective 5/3/2023
76-6-112.
Agricultural operation interference -- Penalties.
(1)
(a) As used in this section, "agricultural operation" means private property used for the production of livestock, poultry, livestock products, or poultry products.
(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits agricultural operation interference if the actor:
(a) without consent from the owner of the agricultural operation, or the owner's agent, knowingly or intentionally records an image of, or sound from, the agricultural operation by leaving a recording device on the agricultural operation;
(b) obtains access to an agricultural operation under false pretenses;
(c)
(i) applies for employment at an agricultural operation with the intent to record an image of, or sound from, the agricultural operation;
(ii) knows, at the time that the actor accepts employment at the agricultural operation, that the owner of the agricultural operation prohibits the employee from recording an image of, or sound from, the agricultural operation; and
(iii) while employed at, and while present on, the agricultural operation, records an image of, or sound from, the agricultural operation; or
(d) without consent from the owner of the operation or the owner's agent, knowingly or intentionally records an image of, or sound from, an agricultural operation while the person is committing criminal trespass, as described in Section 76-6-206, on the agricultural operation.
(3)
(a) A violation of Subsection (2)(a) is a class A misdemeanor.
(b) A violation of Subsection (2)(b), (c), or (d) is a class B misdemeanor.
Amended by Chapter 111, 2023 General Session