Degree

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.

Elements

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:

• has sexual intercourse with a minor;
• engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person;
• or causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the 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.

Imprisonment

3^rd 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))

Fine

3^rd 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)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Sex Offender Registration

3^rd 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.

Bail

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))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

DNA Specimen

A defendant convicted of a 3^rd degree felony unlawful sexual activity with a minor (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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))