Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-4 — Sexual Offenses
Utah Code

Utah Code § 76-5-401.1 (2026)

Sexual abuse of a minor

✓ current as of May 2026
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As used in this section:
"Female breast" means the undeveloped, partially developed, or developed breast of a female individual.
"Indecent liberties" means:
the actor touching another individual's genitals, anus, buttocks, pubic area, or female breast;
causing any part of an individual's body to touch the actor's or another's genitals, pubic area, anus, buttocks, or female breast;
simulating or pretending to engage in sexual intercourse with another individual, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
causing an individual to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.
"Minor" means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection (2) occurred.
Terms defined in Section 76-1-101.5 apply to this section.
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a minor if the actor:
is four years or more older than the minor; and
with the intent to cause substantial emotional or bodily pain to any individual, or with the intent to arouse or gratify the sexual desire of any individual:
touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
touches the female breast of a minor; or
otherwise takes indecent liberties with the minor.
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
A violation of Subsection (2)(a) is a class A misdemeanor.
The offenses referred to in Subsection (2)(a) are:
unlawful sexual activity with a minor, in violation of Section 76-5-401;
rape, in violation of Section 76-5-402;
object rape, in violation of Section 76-5-402.2;
forcible sodomy, in violation of Section 76-5-403;
aggravated sexual assault, in violation of Section 76-5-405; or
an attempt to commit an offense listed in Subsections (4)(a) through (e).
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1997–2025 · leading case: State v. Saunders, 1999 UT 59 (Utah 1999).
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State v. Saunders, 1999 UT 59 (Utah 1999). · cites it 4× “*954 On Certiorari to the Utah Court of Appeals STEWART, Justice: ¶ 1 Kirk Scott Saunders was convicted of one count of sexual abuse of a child pursuant to Utah Code Ann. § 76-5-401.1 (1990). The Court of Appeals affirmed, State v.”
State v. Martinez, 2002 UT 80 (Utah 2002). · cites it 2× “(2) It is not a defense to the crime of unlawful sexual activity with a minor, a violation of Section 76-5-401, sexual abuse of a minor, a violation of Section 76-5-401.1, or an attempt to commit either of these offenses, that the actor mistakenly believed the victim to be 16…”
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008). “02 ("Continuous Sexual Abuse of a Young Child or Children”); Utah Code Ann. § 76-5-401.1 ("Sexual abuse of a minor”); Va.”
Restrepo v. Attorney Gen. of US, 617 F.3d 787 (3rd Cir. 2010). “Law § 3-602, Utah Code Ann. § 76-5-401.1 , Wyo. Stat. Ann.”
May v. Ryan, 245 F. Supp. 3d 1145 (D. Ariz. 2017). “Laws § 11-37-1 (7) (1999) (Rhode Island); Utah Code Ann. § 76-5-401.1 (2) (West 2016) (Utah); Wisc.”
State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). · cites it 5× “OPINION MeHUGH, Associate Presiding Judge: 11 Raymond Harvey Vaughn appeals his sentences for two class A misdemeanors: sexual abuse of a minor, see Utah Code Ann. § 76-5-401.1 (2008), and enticing a minor *204 over the Internet, see id.”
State v. Byington, 936 P.2d 1112 (Utah Ct. App. 1997). · cites it 2× “1 (1995) (current version at Utah Code Ann. § 76-5-401.1 (Supp.1996)).”
State v. Ray, 2017 UT App 78 (Utah Ct. App. 2017). “§ 76-5-401.1(2) (Supp. 2016). 6 . Because we reverse Ray's conviction and remand for a new trial on the strength of his ineffective-assistance/jury-instruction claim, we do not reach the balance of the issues Ray raises on appeal, with the exception of the question answered in…”
State v. Moore, 289 P.3d 487 (Utah 2012). · cites it 2× “§ 76-5-401.1(3). . - Id, §§ 76-5-404(1), 76-5-401.”
State v. Jacobs, 2006 UT App 356 (Utah Ct. App. 2006). “§ 76-5-401.1, and forcible sexual abuse, see id.”
In re C.N., 2023 UT App 41 (Utah Ct. App. 2023). “§ 76-5-401.1 (sexual abuse of a minor); id.”
State v. Blackwing, 2020 UT App 72 (Utah Ct. App. 2020). “§ 76-5-401.1(1)(c) (defining “position of special trust”).”
Show all 15 citing cases →
— Utah Code § 76-5-401.1(1)(a)(i)(B) — 1 case
State v. Hernandez- Rivera, 2025 UT App 177 (Utah Ct. App. 2025).
— Utah Code § 76-5-401.1(1)(a)(i)(C) — 1 case
State v. McDaniel, 2025 UT App 120 (Utah Ct. App. 2025).
— Utah Code § 76-5-401.1(1)(c) — 1 case
State v. Blackwing, 2020 UT App 72 (Utah Ct. App. 2020). “§ 76-5-401.1(1)(c) (defining “position of special trust”).”
— Utah Code § 76-5-401.1(2) — 1 case
State v. Ray, 2017 UT App 78 (Utah Ct. App. 2017). “§ 76-5-401.1(2) (Supp. 2016). 6 . Because we reverse Ray's conviction and remand for a new trial on the strength of his ineffective-assistance/jury-instruction claim, we do not reach the balance of the issues Ray raises on appeal, with the exception of the question answered in…”
— Utah Code § 76-5-401.1(3) — 1 case
State v. Moore, 289 P.3d 487 (Utah 2012). “§ 76-5-401.1(3). . - Id, §§ 76-5-404(1), 76-5-401.”
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