Section 76-5-404.1 - Sexual abuse of a child - Penalties - Limitations(1)(a) As used in this section: (i) "Adult" means an individual 18 years old or older.(ii) "Child" means an individual younger than 14 years old.(iii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.(iv) "Position of special trust" means: (B) an athletic manager who is an adult;(F) a cohabitant of a parent if the cohabitant is an adult;(H) a doctor or physician;(N) a recreational leader who is an adult;(P) a sibling or a stepsibling who is an adult;(Q) a scout leader who is an adult;(S) a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older;(T) an instructor, professor, or teaching assistant at a public or private institution of higher education;(V) a youth leader who is an adult; or(W) any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(iv)(A) through (V), which enables the individual to exercise undue influence over the child.(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 sexual abuse of a child if the actor: (i)(A) touches, whether over or under the clothing, the buttocks or pubic area of a child;(B) touches, whether over or under the clothing, the breast of a female child;(C) touches the anus or genitals of a child over the clothing; or(D) otherwise takes indecent liberties with a child whether over or under the clothing; and(ii) the actor's conduct is with intent to:(A) cause substantial emotional or bodily pain to any individual; or(B) arouse or gratify the sexual desire of any individual.(b) Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).(3) A violation of Subsection (2) is a second degree felony.(4) The offenses referred to in Subsection (2)(a) are:(a) rape of a child, in violation of Section 76-5-402.1;(b) object rape of a child, in violation of Section 76-5-402.3;(c) sodomy on a child, in violation of Section 76-5-403.1; or(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).Amended by Chapter 96, 2024 General Session ,§ 20, eff. 5/1/2024.Amended by Chapter 97, 2024 General Session ,§ 4, eff. 5/1/2024.Amended by Chapter 181, 2022 General Session ,§ 88, eff. 5/4/2022.Amended by Chapter 146, 2019 General Session ,§ 1, eff. 5/14/2019.Amended by Chapter 192, 2018 General Session ,§ 4, eff. 5/8/2018.Amended by Chapter 135, 2014 General Session ,§ 4, eff. 5/13/2014.Amended by Chapter 141, 2014 General Session ,§ 2, eff. 5/13/2014.Amended by Chapter 196, 2013 General Session ,§ 8, eff. 5/14/2013.Amended by Chapter 81, 2013 General Session ,§ 10, eff. 5/14/2013.Amended by Chapter 339, 2007 General Session