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76-4-401. Enticing a minor over the Internet -- Elements -- Penalties.
(1) A person commits enticement of a minor over the Internet when, not amounting to an attempt, conspiracy, or solicitation
under Section 76-4-101, 76-4-201, or 76-4-203, the person knowingly uses a computer to solicit, seduce,
lure, or entice, or attempt to solicit, seduce, lure, or entice a minor or a person the defendant believes to be a minor to
engage in any sexual activity which is a violation of state criminal law.
(2) It is not a defense
to the crime of enticing a minor under Subsection (1), or an attempt to commit this offense, that a law enforcement officer
or an undercover operative who is working with a law enforcement agency was involved in the detection or investigation of
the offense.
(3) An enticement of a minor under Subsection (1) with the intent to commit:
(a) a first degree felony is a second degree felony;
(b) a second degree felony is a third degree
felony;
(c) a third degree felony is a class A misdemeanor;
(d) a
class A misdemeanor is a class B misdemeanor; and
(e) a class B misdemeanor is a class C misdemeanor.
Enacted by Chapter 353, 2001 General Session
-- Elements -- Penalties -- Evidence of age raised by defendant.
(1) For purposes of this section "minor"
is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in
this section occurred.
(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting
to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation
of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor: (a) has sexual intercourse
with the minor; (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of
another person, regardless of the sex of either participant; or (c) causes the penetration, however slight, of the genital
or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body,
with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual
desire of any person, regardless of the sex of any participant.
(3) A violation of Subsection (2) is a third degree
felony unless the defendant establishes by a preponderance of the evidence the mitigating factor that the defendant is less
than four years older than the minor at the time the sexual activity occurred, in which case it is a class B misdemeanor.
Repealed and Re-enacted by Chapter 82, 1998 General Session
76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
(1) For purposes of this section "minor"
means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described
in this section occurred.
(2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting
to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation
of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor who is ten or more years older
than the minor at the time of the sexual conduct:
(a) has sexual intercourse with the minor;
(b) engages in any sexual
act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of
either participant; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign
object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional
or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex
of any participant.
(3) A violation of Subsection (2) is a third degree felony.
Enacted by Chapter 183, 1998
General Session
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