Utah § 76-5-422 Sexual relations with an adult high school student.

Utah Statutes

§ 76-5-422 — Sexual relations with an adult high school student.

Utah·Title 76 Utah Criminal Code·Ch. 76-5 Offenses Against the Individual·Part 76-5-4 Sexual Offenses

(1)(1)(a) As used in this section:

(1)(a)(i) "Actor" means an individual who is 21 years old or older.

(1)(a)(ii) "Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school.

(1)(a)(iii) "High school" means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12.

(1)(a)(iv) "Position of special trust" means the following positions in a high school:

(1)(a)(iv)(A) a teacher;

(1)(a)(iv)(B) an administrator;

(1)(a)(iv)(C) a coach;

(1)(a)(iv)(D) a counselor; or

(1)(a)(iv)(E) an individual other than an individual listed in Subsections (1)(a)(iv)(A) through (1)(a)(iv)(D) who occupies a position of authority that enables the individual to exercise undue influence over an adult high school student.

(1)(a)(v) "Sexual intercours

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(1) (1)(a) As used in this section:
(1)(a)(i) "Actor" means an individual who is 21 years old or older.
(1)(a)(ii) "Adult high school student" means an individual who is 18 to 21 years old and enrolled at a high school.
(1)(a)(iii) "High school" means a district, charter, or private school that is comprised of grade 9, 10, 11, or 12.
(1)(a)(iv) "Position of special trust" means the following positions in a high school:
(1)(a)(iv)(A) a teacher;
(1)(a)(iv)(B) an administrator;
(1)(a)(iv)(C) a coach;
(1)(a)(iv)(D) a counselor; or
(1)(a)(iv)(E) an individual other than an individual listed in Subsections (1)(a)(iv)(A) through (1)(a)(iv)(D) who occupies a position of authority that enables the individual to exercise undue influence over an adult high school student.
(1)(a)(v) "Sexual intercourse" means any penetration, however slight, of:
(1)(a)(v)(A) the genitals or anus of an individual by another individual using any body part, object, or substance; or
(1)(a)(v)(B) the mouth of an individual by another individual's genitals.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits sexual relations with an adult high school student if the actor:
(2)(a) (2)(a)(i) has sexual intercourse with an adult high school student; or
(2)(a)(ii) 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:
(2)(a)(ii)(A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult high school student;
(2)(a)(ii)(B) touches the breast of a female adult high school student; or
(2)(a)(ii)(C) otherwise takes indecent liberties with an adult high school student;
(2)(b) occupies a position of special trust in relation to the adult high school student described in Subsection (2)(a); and
(2)(c) knows or should have known that the individual with which the actor committed the acts described in Subsection (2)(a) was an adult high school student.
(3) A violation of Subsection (2) is a third degree felony.
(4) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a)(ii).
(5) Consent of an adult high school student to an act described in Subsection (2) is not a defense to prosecution under this section.

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