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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 14 years old or older at the time of the alleged offense or was unaware of the victim's true age:
(a) child kidnapping, Section 76-5-301.1;
(b) rape of a child, Section 76-5-402.1;
(c) object rape of a child, Section 76-5-402.3;
(d) sodomy on a child, Section 76-5-403.1;
(e) sexual abuse of a child, Section 76-5-404.1;
(f) aggravated sexual abuse of a child, Section 76-5-404.3;
(g) unlawful kissing of a child, Section 76-5-416.2; or
(h) an attempt to commit an offense listed in Subsections (1)(a) through (1)(g).
(2) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 16 years old or older at the time of the alleged offense or was unaware of the victim's true age:
(a) unlawful sexual activity with a minor, Section 76-5-401;
(b) sexual abuse of a minor, Section 76-5-401.1; or
(c) an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).
(3) It is not a defense to the following offenses that the actor mistakenly believed the victim to be 18 years old or older at the time of the alleged offense or was unaware of the victim's true age:
(a) human trafficking of a child, Section 76-5-308.5;
(b) aggravated human trafficking, Section 76-5-310;
(c) aggravated human smuggling, Section 76-5-310.1;
(d) unlawful sexual conduct with a minor, Subsection 76-5-401.2(2)(a)(ii);
(e) patronizing a prostitute, Section 76-10-1303;
(f) aggravated exploitation of prostitution, Section 76-10-1306; or
(g) sexual solicitation, Section 76-10-1313.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-2-304.5. Mistake as to victim's age not a defense - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-2-304-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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