§ 76-5-423 — Unlawful sexual activity with a child using virtual reality.

(1) (1)(a) As used in this section:
(1)(a)(i) "Avatar" means a three-dimensional character that represents a human user in a virtual reality environment.
(1)(a)(ii) "Child" means an individual who is younger than 14 years old.
(1)(a)(iii) "Haptic technology" means technology that can create an experience of touch by applying force, vibration, or motion to the human user.
(1)(a)(iv) "Virtual reality" means a three-dimensional environment in which the human user is fully immersed in a computer-generated simulation through the use of an avatar, regardless of whether the human user is using haptic technology.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits unlawful sexual activity with a child using virtual reality if the actor:
(2)(a) is 18 years old or older;
(2)(b) knows that the human user of an avatar is a child; and
(2)(c) for the purpose of arousing or gratifying the sexual desire of any individual, intentionally uses the actor's avatar to engage in sexual activity or simulated sexual activity with the child's avatar involving:
(2)(c)(i) the genitals, pubic area, or anus of the actor's avatar or the child's avatar; and
(2)(c)(ii) the mouth, buttocks, pubic area, genitals, or anus of either the actor's avatar or the child's avatar.
(3) (3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(3)(b) A violation of Subsection (2) is a class A misdemeanor if the actor is less than 10 years older than the child.
(4) Consent of the child to engage in the sexual activity is not a defense to a violation of Subsection (2).

Legislative History

Enacted by Chapter 253, 2025 General Session