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Utah -- Age of Consent

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IMPORTANT UPDATE:  10-27-00 -- This is final proof that the TRUE age of consent for Utah is 18 to consent to sexual activity with a person of ANY age.


Anchorman Accused of Sex With Teen
Utah Newscaster Faces Up to 10 Years in Jail
July 10, 2000

SALT LAKE CITY  -- A local television newsman has been charged with having sex with an underage girl, authorities said today.

Doug Jardine, co-anchor of Good Morning Utah on KTVX (Channel 4), was charged Friday with two counts of unlawful sexual conduct for allegedly having had intercourse with a 17-year-old girl in April and May at a home in Salt Lake City, authorities said.

Although the sex was consensual, Jardine, 41, is charged with a felony sex crime because he is at least 10 years older than the underage girl, police Sgt. Don Bell said.

Jardine faces up to five years in prison on each count, he said.

Expected to surrender

Although he has been charged, Jardine has not been arrested yet, Bell said. He is expected to surrender to police by Tuesday, Bell said. Jardine could not be reached for comment. He was not at work today, a tation spokeswoman said.

His attorney, Tom D. Beach, did not return phone calls seeking comment. Station General Manager Steve Cohen was returning from Los Angeles and also could not be reached for comment, although he is reported to have aid Jardine was suspended from KTVX and would be off the air until the charges against him are resolved.

Family man and girls' softball coach

Jardine's biography on the KTVX Web site states he and his wife have three daughters and that the "most important to Doug is his family." Jardine's favorite community activity is coaching girls fast-pitch softball, according to the site.

The Southern California native, who attended Brigham Young University on a baseball scholarship, previously worked at KUTV in Salt Lake City and KFYR in Bismarck, N.D. He also was director of media relations for Huntsman Corp. in Salt Lake City.

 

 

 

    76-5-401.   Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidence of age raised by defendant.
     (1) For purposes of this section "minor" is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.
     (2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to 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, or aggravated sexual assault, in violation of Section 76-5-405, the actor:
     (a) has sexual intercourse with the minor;
     (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or
     (c) 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, regardless of the sex of any participant.
     (3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by a preponderance of the evidence the mitigating factor 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.

    76-5-401.1.   Sexual abuse of a minor.
     (1) For purposes of this section "minor" is a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.
     (2) A person commits sexual abuse of a minor if the person is seven years or more older than the minor and, under circumstances not amounting to 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, unlawful sexual activity with a minor, in violation of Section 76-5-401, or an attempt to commit any of those offenses, the person touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, 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 regardless of the sex of any participant.
     (3) A violation of this section is a class A misdemeanor.

     76-5-401.2.   Unlawful sexual conduct with a 16 or 17 year old.
     (1) For purposes of this section "minor" means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in this section occurred.

     (2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting to 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, or aggravated sexual assault, in violation of Section 76-5-405, the actor who is ten or more years older than the minor at the time of the sexual conduct:
     (a) has sexual intercourse with the minor;
     (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or
     (c) 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, regardless of the sex of any participant.
     (3) A violation of Subsection (2) is a third degree felony.

Enacted by Chapter 183, 1998 General Session

 

 

 

Bills in Utah History
Also see (http://www.code-co.com/utah/leg/98/bills/inttitle.htm)

H.B. 256

AGE OF VICTIM OF STATUTORY RAPE
2    1997 GENERAL SESSION
3    STATE OF UTAH
4    Sponsor: Lowell A. Nelson
5    AN ACT RELATING TO THE CRIMINAL CODE; INCREASING THE AGE LIMIT ON
6    STATUTORY RAPE AND OTHER OFFENSES AGAINST CHILDREN TO 18 YEARS;
7    AND MAKING TECHNICAL CORRECTIONS.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10        76-2-304.5, as last amended by Chapter 137, Laws of Utah 1996
11        76-5-401, as last amended by Chapter 88, Laws of Utah 1983
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 76-2-304.5 is amended to read:
14        76-2-304.5. Mistake as to victim's age not a defense.
15        (1) It is not a defense to the crime of child kidnaping, a violation of Section 76-5-301.1;
16    rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section
17    76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; or sexual abuse of a child,
18    a violation of Section 76-5-404.1; or aggravated sexual abuse of a child, a violation of Subsection
19    76-5-404.1(3); or an attempt to commit any of those offenses, that the actor mistakenly believed
20    the victim to be [14] 18 years of age or older at the time of the alleged offense or was unaware of
21    the victim's true age.
22        (2) It is not a defense to the crime of unlawful sexual intercourse, a violation of Section
23    76-5-401, or an attempt to commit that crime, that the actor mistakenly believed the victim to be
24    [16] 18 years of age or older at the time of the alleged offense or was unaware of the victim's true
25    age.
26        Section 2. Section 76-5-401 is amended to read:
27        76-5-401. Unlawful sexual intercourse.

 


1        (1) A person commits unlawful sexual intercourse if, under circumstances not amounting
2    to a violation of Section 76-5-402, [Section] 76-5-402.1, or [Section] 76-5-405, that person has
3    sexual intercourse with a person, not that person's spouse, who is under [sixteen] 18 years of age.
4        (2) Unlawful sexual intercourse is a felony of the third degree except when at the time of
5    intercourse the actor is no more than three years older than the victim, in which case it is a class
6    B misdemeanor. Evidence that the actor was not more than three years older than the victim at the
7    time of the intercourse shall be raised by the defendant.

This bill would raise the age for statutory rape to 18. It is estimated that 45 additional trials for statutory rape would be
conducted adding approximately $50,400 in General Fund costs to the state courts. Additional costs for local prosecution and
indigent defense to the counties cannot be estimated at this time. If third degree convictions for statutory rape increased prison
confinement for this crime by two, there would be an additional $44,000 in Corrections costs. Additional convictions resulting
in probation would add approximately 17 new cases per year for a probation caseload cost increase of $30,600. If District
Court Judges added 6 months in jail as a condition of probation to only 25 percent of the cases resulting in a probation
sanction, there would be an additional $24,000 in jail reimbursement costs annually. Both incarceration and probation periods
would be in excess of 1 year (41 months average in prison and 3 years on probation) causing annual cost increases until the
third year at which time the caseload increases and releases would stabilize. Parole costs after the 41 month prison term
,however, would add another $7,200 per year in annual supervision costs starting in the fourth year.
FROM:  (http://www.le.state.ut.us/lfa/fnotes/1997/HB0256.htm)

Also found Senate Bill 131
FROM:  (http://www.le.state.ut.us/~1998/bills/sbillint/SB0131.htm)

6 AN ACT RELATING TO THE CRIMINAL CODE; CHANGING THE AGE OF THE VICTIM
7 IN DETERMINING THE CRIME OF UNLAWFUL SEXUAL INTERCOURSE; AND
8 PROVIDING EXCEPTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-5-401, as last amended by Chapter 88, Laws of Utah 1983
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-5-401 is amended to read:
14 76-5-401. Unlawful sexual intercourse.
15 (1) A person commits unlawful sexual intercourse if, under circumstances not amounting
16 to a violation of Section 76-5-402, [Section 76-5-402.1] 76-5-402.2, 76-5-403, or [Section]
17 76-5-405, that person has sexual intercourse with a person, not that person's spouse, who is [under
18 sixteen] 14 years of age or older, but younger than 16 years of age.
19 (2) A person commits unlawful sexual intercourse if, under circumstances not amounting
20 to a violation of Section 76-5-402, 76-5-402.2, 76-5-403, or 76-5-405, that person has sexual
21 intercourse with a person, not that person's spouse, who is 16 years of age or older, but younger
22 than 18 years of age, and the actor is ten or more years older than the victim.

23 [(2)] (3) Unlawful sexual intercourse is a felony of the third degree except when at the time
24 of intercourse the actor is no more than three years older than the victim, in which case it is a class
25 B misdemeanor. Evidence that the actor was not more than three years older than the victim at the
26 time of the intercourse shall be raised by the defendant.

Also found HB72
From:  (http://www.code-co.com/utah/leg/98/bills/hb0072e.htm)

UNLAWFUL SEXUAL ACTIVITY WITH A MINOR
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Greg J. Curtis
Perry Buckner

AN ACT RELATING TO THE CRIMINAL CODE; ESTABLISHING THE CRIME OF
UNLAWFUL SEXUAL ACTIVITY WITH A MINOR AND PROVIDING PENALTIES;
REPEALING CRIME OF UNLAWFUL SEXUAL INTERCOURSE; ESTABLISHING THE
CRIME OF SEXUAL ABUSE OF A MINOR; AND PROVIDING PENALTIES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
76-5-401.1, Utah Code Annotated 1953
REPEALS AND REENACTS:
76-5-401, as last amended by Chapter 88, Laws of Utah 1983
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-401 is repealed and reenacted to read:
76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties -- Evidence
of age raised by defendant.
(1) For purposes of this section "minor" is a person who is 14 years of age or older, but
younger than 16 years of age, at the time the sexual activity described in this section occurred.
(2) A person commits unlawful sexual activity with a minor if, under circumstances not
amounting to 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 , or aggravated sexual assault, in
violation of Section 76-5-405 , the actor:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of one person and the
mouth or anus of another person, regardless of the sex of either participant; or
(c) 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, regardless of the sex of any participant.
(3) A violation of Subsection (2) is a third degree felony unless the defendant establishes by
a preponderance of the evidence the mitigating factor 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.
Section 2. Section 76-5-401.1 is enacted to read:
76-5-401.1. Sexual abuse of a minor.
(1) For purposes of this section "minor" is a person who is 14 years of age or older, but
younger than 16 years of age, at the time the sexual activity described in this section occurred.
(2) A person commits sexual abuse of a minor if the person is seven years or more older than
the minor and, under circumstances not amounting to 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 , unlawful sexual activity with a minor,
in violation of Section 76-5-401 , or an attempt to commit any of those offenses, the person touches
the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor,
or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with
the actor or another person, 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 regardless of the sex of
any participant.
(3) A violation of this section is a class A misdemeanor.

[End of Page] - 2 -

Riverdale, UT City Codes:
FROM:  (http://www.riverdalecity.com/departments/bus_adm/codes/TITLE13.htm)

13-5-4. Sexual Offenses.
13-5-4.1.
(a) A person commits unlawful sexual intercourse if he has sexual intercourse with a person, not that person's spouse, who is
under sixteen years of age when at the time of intercourse the actor is no more than three years older than the victim.
(b) Unlawful sexual intercourse is a Class B misdemeanor. Evidence that the actor was not more than three years older than the
victim at the time of intercourse shall be raised by the defendant.

13-5-4.2. Reserved.
13-5-4.3. Sodomy.
(a) A person commits sodomy when he engages in any sexual act involving the genitals of one person and the mouth or anus of
another person, regardless of the sex of either participant.
(b) Sodomy is a Class B misdemeanor.

 

 


We also found this to be interesting reading for Utah.

Boinking Teenagers

In Utah, the social trend is for people to marry quite young. How young? Worried your lover might not be legal? Fret not, my friend, because you may still be able to find a legal lover. The following is quoted from Title 76, Chapter 5, Part 4 ("Sexual Offenses") of the Utah State Code:

76-5-401. Unlawful sexual intercourse.

  1. A person commits unlawful sexual intercourse if, under circumstances not amounting to a violation of section 76-5-402 [rape], section 76-5-402.1 [rape of a child], or section 76-5-405 [aggravated sexual assault], that person has sexual intercourse with a person, not that person's spouse, who is under sixteen years of age.
  2. Unlawful sexual intercourse is a felony of the third degree except when at the time of intercourse the actor is no more than three years older than the victim, in which case it is a class B misdemeanor. Evidence that the actor was not more than three years older than the victim at the time of the intercourse shall be raised by the defendant.

(as last amended by Chapter 88, Laws of Utah 1983)

Fornication

However, there is still be the problem of being charged guilty of "fornication", as defined in Title 76, Chapter 7, Part 1 ("Marital Violations") of the Utah State Code:

76-7-104. Fornication.

  1. Any unmarried person who shall voluntarily engage in sexual intercourse with another is guilty of fornication.
  2. Fornication is a class B misdemeanor.

(as enacted by Chapter 196, Laws of Utah 1973)

So, once again we have "Big Daddy" and "Big Mommy" government protecting us from ourselves. If a sexual act takes place between two consenting adults, where is the crime? Who is harmed? For more information about the absurdity of victimless crimes, read Ain't Nobody's Business If You Do, by Peter McWilliams.

 














Age Ruling Reopens San Juan County Statutory Rape Cases
Saturday, February 17, 2001
FROM:  (http://www.sltrib.com/2001/feb/02172001/utah/72000.htm)


In a ruling that apparently affects only two defendants -- because
ambigous language in the law has since been changed -- the Utah
Supreme Court on Friday sent two statutory rape cases back to San
Juan County for trial.
Two years ago, 7th District Court judges dismissed charges against
two men after deciding the law did not cover their alleged victim, a
17-year-old girl.
At that time, a portion of Utah's sexual offense statutes read that
persons "14 years of age or older, but not older than 17," could not
legally consent to sex if they were enticed or coerced by anyone more
than three years older than themselves.
The defendants in the separate cases, Scott C. Christensen, 38, and
Timothy Arcaris, 51, asserted that because their victim had passed her
17th birthday but was not yet 18, the state could not prosecute the cases.
The trial judges agreed and dismissed the charges.
But in a unanimous decision, the Supreme Court said the intent of the
law was to protect people under 18, the legal age of adulthood. "The
usual and accepted meaning that a person is 17 years old is that the
person has not yet reached his or her 18th birthday," the ruling states.
Meanwhile, the Legislature last year clarified the language of the statute
in question to read: "the victim is 14 years of age or older, but younger
than 18 years of age."

 

Provo Daily Herald
New laws make it easier to get tough on polygamists
FROM:  (http://www.polygamyinfo.com/media%20plyg%20214herald.htm)

PROVO - The Utah State Legislature unknowingly created a legal weapon to use on polygamists when it tightened up laws on statutory rape earlier this year.  Chief Deputy Attorney General Reed Richards said laws barring sexual activity between children and adults provide an easier way to prosecute some polygamists.

"It's been a common fact that they (polygamists) marry kids at 16 because at 15, it was statutory
rape," Richards said Thursday during a workshop at the Provo Courtyard by Marriott.
The Attorney General's Office convened the workshop to brief elected and law enforcement officials
on the laws the Utah State Legislature passed earlier this year and detail what may be in the works
for the next session.

Richards said the Legislature enacted laws tightening the penalties for having sex with minors. He
saidprevious state laws didn't strongly prosecute adults who had sexual relations with minors
older than 14.

One new law makes it a third-degree felony for someone to have sexual contact with children ages
14-15 if they are at least four years older than the victim, while fondling would be a Class-A
misdemeanor for someone at least seven years older than the victim.


The second law makes it a crime to engage in sexual conduct with a 16- or 17-year-old if the person
is at least 10 years older than the victim.

"We're not looking at dating partners, kids in high school or college. We're looking at someone who
is a sizable amount older. These are acts where the child is consenting, but the partner is older,"
Richards said.

The new laws provide a better tool for dealing with polygamy, especially when older men take
teen-age girls as their plural wives. Richards said it's easier to charge the men under the unlawful
sexual activity statutes than the bigamy rule because of the difficulties in defining the crime.

Richards said the bigamy law restricts "cohabitation," and doesn't address sex. Also, it doesn't apply
if the person believes he or she can legally marry the person.

Sybil Lallas, a Lynndyl (Millard County) City Councilwoman, said many polygamous marriages are
about the same as a married man having a mistress, but she said the state should aggressively
prosecute child abuse and incest cases that pop up in polygamous relationships.

Other new laws enacted this year require cigarettes to be sold in face-to-face situations only, restrict
the sales of large quantities of the drugs that can be used to make methamphetamine and make it a
crime to commit domestic violence in the presence of a child.

The Attorney General's Office will work with the Legislature next year on laws to allow protective
orders against stalkers. Richards said people now can only get protective orders against abusers who
live with them.

But participants warned that protective orders need to be clearly classified as either civil or criminal.
Orem City Attorney Paul B. Johnson said police officers are being called out to enforce civil court
orders, an area where they have no authority.

"The attorneys are putting a paragraph at the bottom saying the order will be enforced by the Orem
Police Department. Then you have the victim who thinks a civil order is enforceable by the police,"
Johnson said.

Utah County Sheriff David Bateman said another problem is conflicting court orders. He said his
offices have responded to calls in which someone had a restraining order blocking their spouse from
coming to the house, but the spouse had a court order granting them visitation with their children.
Richards said his office would discuss that matter with lawmakers.

 

 

 

 

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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