3rd Degree Felony unless the defendant can establish by a preponderance of the evidence 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.
A defendant commits unlawful sexual activity with a minor (domestic violence) if, under circumstances not amounting to rape, object rape, forcible sodomy, or aggravated sexual assault, the defendant:
3rd degree felony: A term not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
Class B misdemeanor: A term not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
3rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
3rd degree felony: For the duration of the sentence, and 10 years thereafter.
(Utah Code Ann. §77-27-21.5(12)(a))
Class B misdemeanor: Not applicable.
Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism
rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
to the release of an offender who has been arrested for domestic violence, it was the finding of the
Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is
substantial evidence to support the charge, and if the court finds by clear and convincing evidence
that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic
violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))
In addition to penalties otherwise provided by law, the court may:
The court will:
A defendant convicted of a 3rd degree felony unlawful sexual activity with a minor (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of unlawful sexual activity with a minor (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))
Learn more about crimes related to Unlawful Sexual Activity with a Minor (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.