The Official State of Utah Sex Offender Registry
76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
(1) A person commits sexual abuse of a child if, under circumstances not amounting to rape of a child,
object rape of a child, sodomy upon a child, or an attempt to commit any of these offenses, the actor touches
the anus, buttocks, or genitalia of any child, the breast of a female child younger than 14 years of age, or
otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or
another with 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.
(2) Sexual abuse of a child is punishable as a second degree felony.
(3) A person commits aggravated sexual abuse of a child when in conjunction with the offense described in
Subsection (1) any of the following circumstances have been charged and admitted or found true in the action
for the offense:
(a) the offense was committed by the use of a dangerous weapon as defined in Section 76-1-601, or by
force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course
of a kidnaping;
(b) the accused caused bodily injury or severe psychological injury to the victim during or as a result of the offense;
(c) the accused was a stranger to the victim or made friends with the victim for the purpose of committing the offense;
(d) the accused used, showed, or displayed pornography or caused the victim to be photographed in a lewd condition during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously convicted of any felony, or of a misdemeanor involving a sexual offense;
(f) the accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere, more than five separate acts, which if committed in Utah
would constitute an offense described in this chapter, and were committed at the same time, or during the
same course of conduct, or before or after the instant offense;
(h) the offense was committed by a person who occupied a position of special trust in relation to the victim;
"position of special trust" means that position occupied by a person in a position of authority, who, by
reason of that position is able to exercise undue influence over the victim, and includes, but is not limited to, a
youth leader or recreational leader who is an adult, adult athletic manager, adult coach, teacher, counselor,
religious leader, doctor, employer, foster parent, baby-sitter, adult scout leader, natural parent, stepparent,
adoptive parent, legal guardian, grandparent, aunt, uncle, or adult cohabitant of a parent;
(i) the accused encouraged, aided, allowed, or benefited from acts of prostitution or sexual acts by the
victim with any other person, or sexual performance by the victim before any other person; or
(j) the accused caused the penetration, however slight, of the genital or anal opening of the child by any
part or parts of the human body other than the genitals or mouth.
(4) Aggravated sexual abuse of a child is a first degree felony punishable by imprisonment for an
indeterminate term of not less than five years and which may be for life. Imprisonment is mandatory in
accordance with Section 76-3-406.
Amended by Chapter 131, 1998 General Session
