Participating in sexual conduct with a minor is a major crime. Typically called
statutory rape, being sentenced for having sex with somebody between the ages
of 16 to 18 might lead to a prison sentence, sex offender registration, life time
probation, as well as many additional consequences. However, what if
you were uninformed that your sexual partner was under the legal age of
authorization, or you were made to think they were of legal age?
In Utah, as long as your sexual partner was at least 16
years of age, mistaking their age can be utilized as a defense in many cases.
If the accused made reasonable efforts to know the age of the victim, such as
examining their license, it can work as a defense in court.
Sentencing for Sexual Conduct with a Minor
In order for an accused to be convicted of dedicating
unlawful sexual conduct with a 16- or 17-year-old, the prosecutor needs to
prove the list below components of the offense, laid out at Utah Code §
76-5-401.2:
- The victim was 16 or 17 years of ages at the time of the offense.
- The offender was either:
- The victim's teacher, parent, babysitter, coach, or other person in a position of trust and authority.
- At least seven years older than the victim at the time of the offense.
- The offender knew or need to have understood the victim's age.
- The defendant participated in sexual conduct with the victim, significance:
- Sexual relations.
- Any sex act “involving the genitals of one person and the mouth or anus of another person.”
- Any penetration of the victim’s genitals or anus, or touching the victim’s breasts, anus, genitals, or buttocks “with the intent to cause… pain to any person or with the intent to arouse or gratify the sexual desire of any person.”
Like a lot of states, Utah classifies criminal offenses as either
misdemeanors or felonies. Though felonies have harsher charges,
misdemeanors are likewise with the ability of leading to high fines, months in
jail, and a rap sheet.
Misdemeanors and felonies both have three sub-groups: Class
A, Class B, and Class C for misdemeanors, and 3rd degree, second degree, and
very first degree for felonies. Class A misdemeanors and first degree
felonies are the most serious charges in their respective groups of offenses.
Illegal sexual conduct with a 16- or 17-year-old can be charged as a
third degree felony or a Class A misdemeanor, depending upon the
specific details of the alleged event. It may be possible to have felony
charges decreased to a misdemeanor. If the offender is found guilty, she or he
will face the following penalties:
Class A Misdemeanor
- Maximum Fine: $2,500.
- Maximum Sentence: 1 year in prison.
Third Degree Felony
- Maximum Fine: $5,000.
- Maximum Sentence: 5 years in jail.
In addition to being jailed and greatly fined, the defendant
will also be required to register as a sex offender
for a period of 10 years.
Schmidt & Gladstone Criminal Law Attorneys
If you have been accused of Sexual Conduct with a Minor and
are dealing with criminal charges, contact Schmidt &
Gladstone today. We have the training, knowledge, and ability necessary to
gain you a strong defense and fight for your freedom. Call us today at
801-895-3113 to establish your totally free consultation.
