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76-5-404. Forcible sexual abuse.
(1) A person commits forcible sexual abuse if the victim is 14 years of age
or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches
the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent
liberties with another, or causes another to take indecent liberties with the actor or another, with 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, without the
consent of the other, regardless of the sex of any participant.
(2) Forcible sexual abuse is a felony of the second
degree.
Amended by Chapter 18, 1984 General Session
76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
(1) A person commits sexual abuse
of a child if, under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, or an attempt
to commit any of these offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female child
younger than 14 years of age, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties
with the actor or another with 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.
(2) Sexual abuse of a child is
punishable as a second degree felony.
(3) A person commits aggravated sexual abuse of a child when in conjunction with
the offense described in Subsection (1) any of the following circumstances have been charged and admitted or found true in
the action for the offense:
(a) the offense was committed by the use of a dangerous weapon as defined in Section 76-1-601,
or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course of a
kidnaping;
(b) the accused caused bodily injury or severe psychological injury to the victim during or as a result of the
offense;
(c) the accused was a stranger to the victim or made friends with the victim for the purpose of committing the
offense;
(d) the accused used, showed, or displayed pornography or caused the victim to be photographed in a lewd condition
during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously convicted of any
felony, or of a misdemeanor involving a sexual offense;
(f) the accused committed the same or similar sexual act upon two
or more victims at the same time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere,
more than five separate acts, which if committed in Utah would constitute an offense described in this chapter, and were committed
at the same time, or during the same course of conduct, or before or after the instant offense;
(h) the offense was committed
by a person who occupied a position of special trust in relation to the victim; "position of special trust" means that position
occupied by a person in a position of authority, who, by reason of that position is able to exercise undue influence over
the victim, and includes, but is not limited to, a youth leader or recreational leader who is an adult, adult athletic manager,
adult coach, teacher, counselor, religious leader, doctor, employer, foster parent, baby-sitter, adult scout leader, natural
parent, stepparent, adoptive parent, legal guardian, grandparent, aunt, uncle, or adult cohabitant of a parent;
(i) the
accused encouraged, aided, allowed, or benefited from acts of prostitution or sexual acts by the victim with any other person,
or sexual performance by the victim before any other person; or
(j) the accused caused the penetration, however slight,
of the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.
(4)
Aggravated sexual abuse of a child is a first degree felony punishable by imprisonment for an indeterminate term of not less
than five years and which may be for life. Imprisonment is mandatory in accordance with Section 76-3-406.
Amended
by Chapter 131, 1998 General Session
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