Section 76-5-401.2 - Unlawful sexual conduct with a 16- or 17-year-old - Penalties -Limitations(1)(a) As used in this section: (i) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.(ii) "Minor" means an individual who is 16 years old or older, but younger than 18 years old, at the time the sexual conduct described in Subsection (2) occurred.(b) Terms defined in Section 76-1-101.5 apply to this section.(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits unlawful sexual conduct with a minor if the actor:(i)(A) is seven or more years older but less than 10 years older than the minor at the time of the sexual conduct;(B) engages in any conduct listed in Subsection (2)(b); and(C) knew or reasonably should have known the age of the minor; or(ii)(A) is 10 or more years older than the minor at the time of the sexual conduct; and(B) engages in any conduct listed in Subsection (2)(b).(b) As used in Subsection (2)(a), "sexual conduct" refers to when the actor:(i) has sexual intercourse with the minor;(ii) engages in any sexual act with the minor involving the genitals of one individual and the mouth or anus of another individual;(iii)(A) 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; and(B) causes the penetration 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; or(iv) 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: (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;(B) touches the breast of a female minor; or(C) otherwise takes indecent liberties with the minor.(c)(i) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).(ii) Any penetration, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(i).(iii) Any touching, however slight, is sufficient to constitute the relevant element under Subsection (2)(b)(ii).(3)(a) A violation of Subsection (2)(b)(i), (ii), or (iii) is a third degree felony.(b) A violation of Subsection (2)(b)(iv) is a class A misdemeanor.(4) The offenses referred to in Subsection (2)(a) are:(a) rape, in violation of Section 76-5-402;(b) object rape, in violation of Section 76-5-402.2;(c) forcible sodomy, in violation of Section 76-5-403;(d) forcible sexual abuse, in violation of Section 76-5-404;(e) aggravated sexual assault, in violation of Section 76-5-405; or(f) an attempt to commit an offense listed in Subsections (4)(a) through (e).Amended by Chapter 181, 2022 General Session ,§ 79, eff. 5/4/2022.Amended by Chapter 394, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 192, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 135, 2014 General Session ,§ 3, eff. 5/13/2014.Amended by Chapter 34, 2013 General Session ,§ 2, eff. 3/22/2013.Amended by Chapter 275, 2008 General Session