Aggravated sexual abuse of a child - Utah Sexual Assault Laws

Aggravated sexual abuse of a child Crime & Punishment in Utah :

The Utah code § 76-5-404.1 defines two degrees of the crime aggravated sexual abuse of a child, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity	Aggravated sexual abuse of a child - Charge Description	Punishment
First degree felony STATUTORY	If offender commits sexual abuse of a child, and offender caused penetration of genitals or anal opening of victim by any part of the human body other than genitals or mouth. If offender commits sexual abuse of a child, and offender encouraged, aided, allowed, or benefited from acts of prostitution or sexual acts by victim with any other person. If offender commits sexual abuse of a child, and offender occupied a position of special trust in relation to victim. If offender commits sexual abuse of a child, and offender committed more than five separate offenses, in Utah or elsewhere, against the person at the same time, or during the same course of conduct as the instant offense. If offender commits sexual abuse of a child, and offender committed the same sexual act upon two or more victims at the same time. If offender commits sexual abuse of a child, and offender was previously convicted of any felony, or of a misdemeanor involving a sexual offense. If offender commits sexual abuse of a child, and offender used, showed, or displayed pornography, or caused victim to be photographed in a lewd condition during the course of the offense. If offender commits sexual abuse of a child, and offender was a stranger to victim, or made friends with victim for the purpose of committing the offense. If offender commits sexual abuse of a child, and offender causes bodily injury or severe psychological injury to victim. If offender commits sexual abuse of a child, and offense was committed by the use of a dangerous weapon or by force, duress, violence, intimidation, coercion, menace, or during the course of a kidnapping.	A maximum of life in prison and/or a maximum fine of $10,000
Second degree felony STATUTORY	If sexual contact occurs between offender and a victim under 14 that does not amount to rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these offenses.	A maximum of 15 years in prison and/or a maximum fine of $10,000

Utah law allows aggravated sexual abuse of a child to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Utah Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Aggravated sexual abuse of a child is a charge that is unique to Utah. Crimes that would be prosecuted as aggravated sexual abuse of a child in Utah will be prosecuted under a different statute depending on the state in which the crime takes place.

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