![]() ![]() In a case of statutory rape or rape in the third degree, it doesn’t work as a defense for the defendant to say he didn’t know the age of the child if the victim was under 16 years of age.If the mental ability to consent isn’t due to the minor’s age, meaning the person is older than 18 and has a mental defect, that person may raise a defense that they did not know of the mental condition or that the victim was mentally unable to consent.Otherwise, the offense is a third-degree felony, punishable by up to five years in prison, a fine of $5000, or both. If the defendant was fewer than 4 years older than the victim, it’s a class B misdemeanor. Unlawful sexual activity with a minor includes intercourse, penetration, or oral sex between a 14-15 year old minor and aĭefendant who is 18 or older.Unlawful sexual conduct involving only touching is a class A misdemeanor, punishable by up to one year in prison, a fine of as much as $2500, or both.Rape of a child who is 13 or younger and the defendant is 18 or older is a first-degree felony and is punishable by at least 6 years (and up to life) in prison, a fine of up to $10,000, or both.This could be because of physical helplessness, mental defense, or mental incapacitation. A first-degree rape charge can also take place even if the person is 18 years or older but is incapable of consent. If however, the minor is 12 years old, the defendant can be charged with rape in the first degree which is the same as a Class A felony. If the minor is under 14, the charges are considered a Class B felony, or second-degree felony. Third-degree rape is a class C felony with a maximum prison sentence of up to 5 years in prison. Statutory rape laws and penalties are determined by the ages of both the defendant and victim as well as the circumstances of the crime. However, if the defendant is more than 4 years older than the minor, the offense is a third-degree felony which can be up to 5 years in prison, a hefty fine of $5000, or both. If the defendant was less than 4 years older than the minor, the offense is considered a class B misdemeanor and is punishable by up to 6 months in jail, a fine of up to $1000, or both. Unlawful sexual activity with a minor includes intercourse, penetration, or oral sex between a minor who is 14-15 years old and a defendant who is 18 or older. What is unlawful sexual conduct with a minor in Utah? If the victim was above the age of 16, (17) then a defendant can use the defense that he or she reasonably believed the minor was 18 years of age at the time the incident happened. But under most circumstances, a mistake of age is not a defense to a statutory rape charge. They may even argue that the victim misrepresented his or her age as older than they were. Defendants accused of statutory rape often claim that they didn’t know their sexual partner was underage. Even though statutory rape doesn’t require proof of assault, it’s still rape. In the state of Utah, it’s against the law for someone over 18 years old to have sex with a minor, even if the sex is consensual. This is the case even if both parties involved are minors. With that said, teens who engage in consensual sexual acts can still face criminal charges for unlawful adolescent sexual activity. The defendant would then have to prove that the sexual conduct was completely consensual. This means that if there was actual consent and both are within three years of age, then one could plead that as an affirmative defense. However, the defendant is fewer than 7 or 10 years older than the minor. The Romeo and Juliet exemption are for minors who are close in age but one party is a minor. This exemption is intended to prevent serious charges against teenagers who engage in consensual sex with others close to their own age. In Utah, there is a Romeo and Juliet exemption named after the young lovers in Shakespeare’s “Romeo and Juliet” play. ![]() ![]() The sexual conduct wouldn’t be considered a crime except for the statute states that the child is too young to consent. The crime occurs when an adult has unlawful sexual conduct with a minor who is either 16 or 17 years of age. ![]() In the state of Utah, the age of consent is 18 years old. ![]()
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