Crime against person II

Question 1

♦ 76-5-401 – Unlawful sexual activity with a minor

Answer 1

♦ 76-5-401 – Unlawful sexual activity with a minor
(1) For purposes of this section “minor” is a person who is 14 years of age
or older, but younger than 16 years of age, at the time the sexual activity
described in this section occurred.
(2) A person commits unlawful sexual activity with a minor if, under
circumstances not amounting to rape, in violation of Section 76-5-402,
object rape, in violation of Section 76-5-402.2, forcible sodomy, in
violation of Section 76-5-403, or aggravated sexual assault, in violation of
Section 76-5-405, the actor:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of
one person and the mouth or anus of another person, regardless of the sex
of either participant; or
(c) 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, with the 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.
(3) A violation of Subsection (2) is a third degree felony unless the
defendant establishes by a preponderance of the evidence the mitigating
factor that the defendant is less than four years older than the minor at the
time the sexual activity occurred, in which case it is a class B
misdemeanor.

Question 2

76-5-401.1 – Sexual abuse of a minor

Answer 2

(2) A person commits sexual abuse of a minor if the person is seven years
or more older than the minor and, under circumstances not amounting to
rape, in violation of Section 76-5-402, object rape, in violation of Section
76-5-402.2, forcible sodomy, in violation of Section 76-5-403, aggravated
sexual assault, in violation of Section 76-5-405, unlawful sexual activity
with a minor, in violation of Section 76-5-401, or an attempt to commit
any of those offenses, the person touches the anus, buttocks, or any part of
the genitals of the minor, or touches the breast of a female minor, or
otherwise takes indecent liberties with the minor, or causes a minor to take
indecent liberties with the actor or another person, with the 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.
(3) A violation of this section is a class A misdemeanor.

Question 3

76-5-401.2 – Unlawful sexual conduct with a 16 or 17 year old

Answer 3

(1) As used in this section, “minor” means a person who is 16 years of age
or older, but younger than 18 years of age, at the time the sexual conduct
described in Subsection (2) occurred.
(2) A person commits unlawful sexual conduct with a minor if, under
circumstances not amounting to an offense listed under Subsection (3), an
actor who is 10 or more years older than the minor at the time of the
sexual conduct:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving the genitals of
one person and the mouth or anus of another person, regardless of the sex
of either participant;
(c) 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, with the 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; or
(d) touches the anus, buttocks, or any part of the genitals of the minor,
or touches the breast of a female minor, or otherwise takes indecent
liberties with the minor, or causes a minor to take indecent liberties with
the actor or another person, with the 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.
(3) The offenses referred to in Subsection (2) are:
(a)(i) rape, in violation of Section 76-5-402;

Question 4

cont!

Answer 4

(ii) object rape, in violation of Section 76-5-402.2;
(iii) forcible sodomy, in violation of Section 76-5-403;
(iv) forcible sexual abuse, in violation of Section 76-5-404;
(v) aggravated sexual assault, in violation of Section 76-5-405; or
(b) an attempt to commit any offense under Subsection (3)(a).
(4) A violation of Subsection (2)(a), (b), or (c) is a third degree felony.
(5) A violation of Subsection (2)(d) is a class A misdemeanor.

Question 5

♦ 76-5-402 – Rape

Answer 5

(1) A person commits rape when the actor has sexual intercourse with
another person without the victim’s consent.
(2) This section applies whether or not the actor is married to the victim.
(3) Rape is a felony of the first degree

Question 6

76-5-402.1 – Rape of a child

Answer 6

(1) A person commits rape of a child when the person has sexual
intercourse with a child who is under the age of 14.
(2) Rape of a child is a first degree felony

Question 7

76-5-402.2 – Object rape

Answer 7

(1) A person who, without the victim’s consent, causes the penetration,
however slight, of the genital or anal opening of another person who is 14
years of age or older, by any foreign object, substance, instrument, or
device, including a part of the human body other than the mouth or
genitals, with intent to cause substantial emotional or bodily pain to the
victim or with the intent to arouse or gratify the sexual desire of any
person, Object rape is a first degree felony

Question 8

♦ 76-5-402.3 – Object rape of a child

Answer 8

(1) A person commits object rape of a child when the person causes the
penetration or touching, however slight, of the genital or anal opening of a
child who is under the age of 14 by any foreign object, substance,
instrument, or device, not including a part of the human body, with intent
to cause substantial emotional or bodily pain to the child or with the intent
to arouse or gratify the sexual desire of any person.
(2) Object rape of a child is a first degree felony

Question 9

♦ 76-5-403 – Sodomy – Forcible sodomy

Answer 9

(1) A person commits sodomy when the actor engages in any sexual act
with a person who is 14 years of age or older involving the genitals of one
person and mouth or anus of another person, regardless of the sex of either
participant.
(2) A person commits forcible sodomy when the actor commits sodomy
upon another without the other’s consent.
(3) Sodomy is a class B misdemeanor.
(4)Forcible sodomy is a felony of the first degree.

Question 10

♦ 76-5-403.1 – Sodomy on a child

Answer 10

(1) A person commits sodomy upon a child if the actor engages in any
sexual act upon or with a child who is under the age of 14, involving the
genitals or anus of the actor or the child and the mouth or anus of either
person, regardless of the sex of either participant.
(2) Sodomy upon a child is a first degree felony.

Question 11

♦ 76-5-404 – Forcible sexual abuse

Answer 11

(1) A person commits forcible sexual abuse if the victim is 14 years of age
or older and, under circumstances not amounting to rape, object rape,
sodomy, or attempted rape or sodomy, the actor touches the anus,
buttocks, or any part of the genitals of another, or touches the breast of a
female, or otherwise takes indecent liberties with another, or causes
another 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, without the consent of
the other, regardless of the sex of any participant.
• Forcible sexual abuse is a felony of the second degree unless the
defendant caused serious bodily injury in which case it is a felony of
the first degree.

Question 12

♦ 76-5-404.1 – Sexual abuse of a child

Answer 12

1) As used in this section, “child” means a person under the age of 14.
(2) 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, 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.
(3) Sexual abuse of a child is punishable as a second degree felony.
(4) A person commits aggravated sexual abuse of a child when in
conjunction with the offense described in Subsection (2) any of the
following circumstances have been charged and admitted or found true in
the action for the offense:

Question 13

cont

Answer 13

(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 kidnapping;
(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.
(5) Aggravated sexual abuse of a child is a first degree felony.

Question 14

♦ 76-5-405 – Aggravated sexual assault

Answer 14

(1) A person commits aggravated sexual assault if:
(a) in the course of a rape, object rape, forcible sodomy, or forcible
sexual abuse, the actor:

Question 15

cont

Answer 15

(i) uses, or threatens the victim with the use of, a dangerous weapon as
defined in Section 76-1-601;
(ii) compels, or attempts to compel, the victim to submit to rape, object
rape, forcible sodomy, or forcible sexual abuse, by threat of kidnapping,
death, or serious bodily injury to be inflicted imminently on any person; or
(iii) is aided or abetted by one or more persons;
(b) in the course of an attempted rape, attempted object rape, or
attempted forcible sodomy, the actor:
(i) causes serious bodily injury to any person;
(ii) uses, or threatens the victim with the use of, a dangerous weapon as
defined in Section 76-1-601;
(iii) attempts to compel the victim to submit to rape, object rape, or
forcible sodomy, by threat of kidnapping, death, or serious bodily injury to
be inflicted imminently on any person; or
(iv) is aided or abetted by one or more persons; or
(c) in the course of an attempted forcible sexual abuse, the actor:
(i) causes serious bodily injury to any person;
(ii) uses, or threatens the victim with the use of, a dangerous weapon as
defined in Section 76-1-601;
(iii) attempts to compel the victim to submit to forcible sexual abuse,
by threat of kidnapping, death, or serious bodily injury to be inflicted
imminently on any person; or
(iv) is aided or abetted by one or more persons.
(2) Aggravated sexual assault is a first degree felony.

Question 16

♦ 76-5-406 – Sexual offenses against the victim without consent of victim

Answer 16

An act of sexual intercourse, rape, attempted rape, rape of a child,
attempted rape of a child, object rape, attempted object rape, object rape of
a child, attempted object rape of a child, sodomy, attempted sodomy,
forcible sodomy, attempted forcible sodomy, sodomy upon a child,
attempted sodomy upon a child, forcible sexual abuse, attempted forcible
sexual abuse, sexual abuse of a child, attempted sexual abuse of a child,
aggravated sexual abuse of a child, attempted aggravated sexual abuse of a
child, or simple sexual abuse is without consent of the victim under any of
the following circumstances:
(1) the victim expresses lack of consent through words or conduct;
(2) the actor overcomes the victim through the actual application of
physical force or violence;
(3) the actor is able to overcome the victim through concealment or by the
element of surprise;

Question 17

cont!

Answer 17

(4)(a)(i) the actor coerces the victim to submit by threatening to retaliate in
the immediate future against the victim or any other person, and the victim
perceives at the time that the actor has the ability to execute this threat; or
(ii) the actor coerces the victim to submit by threatening to retaliate in
the future against the victim or any other person, and the victim believes at
the time that the actor has the ability to execute this threat;
(b) as used in this Subsection (4) “to retaliate” includes but is not
limited to threats of physical force, kidnapping, or extortion;
(5) the victim has not consented and the actor knows the victim is
unconscious, unaware that the act is occurring, or physically unable to
resist;
(6) the actor knows that as a result of mental disease or defect, the victim
is at the time of the act incapable either of appraising the nature of the act
or of resisting it;
(7) the actor knows that the victim submits or participates because the
victim erroneously believes that the actor is the victim’s spouse;
(8) the actor intentionally impaired the power of the victim to appraise or
control his or her conduct by administering any substance without the
victim’s knowledge;
(9) the victim is younger than 14 years of age;
(10) the victim is younger than 18 years of age and at the time of the
offense the actor was the victim’s parent, stepparent, adoptive parent, or
legal guardian or occupied a position of special trust in relation to the
victim as defined in Subsection 76-5-404.1(4)(h);
(11) the victim is 14 years of age or older, but younger than 18 years of
age, and the actor is more than three years older than the victim and
entices or coerces the victim to submit or participate, under circumstances
not amounting to the force or threat required under Subsection (2) or (4);
or

Question 18

cont

Answer 18

(12) the actor is a health professional or religious counselor, as those terms
are defined in this Subsection (12), the act is committed under the guise of
providing professional diagnosis, counseling, or treatment, and at the time
of the act the victim reasonably believed that the act was for medically or
professionally appropriate diagnosis, counseling, or treatment to the extent
that resistance by the victim could not reasonably be expected to have
been manifested. For purposes of this Subsection (12):
(a) “health professional” means an individual who is licensed or who
holds himself out to be licensed, or who otherwise provides professional
physical or mental health services, diagnosis, treatment, or counseling
including, but not limited to, a physician, osteopathic physician, nurse,
dentist, physical therapist, chiropractor, mental health therapist, social

Question 19

cont

Answer 19

UTAH PEACE OFFICER STANDARDS AND TRAINING
REVISED 03/01/2013
service worker, clinical social worker, certified social worker, marriage
and family therapist, professional counselor, psychiatrist, psychologist,
psychiatric mental health nurse specialist, or substance abuse counselor;
and
(b) “religious counselor” means a minister, priest, rabbi, bishop, or
other recognized member of the clergy.

Question 20

♦ 76-5-407 – Applicability of part – “Penetration” or “touching” sufficient to
constitute offense

Answer 20

(1) The provisions of this part do not apply to consensual conduct between
persons married to each other.
(2) In any prosecution for:
(a) the following offenses, any sexual penetration, however slight, is
sufficient to constitute the relevant element of the offense:
(i) unlawful sexual activity with a minor, a violation of Section 76-5-
401, involving sexual intercourse;
(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of
Subsection 76-5-401.2, involving sexual intercourse; or
(iii) rape, a violation of Section 76-5-402; or
(b) the following offenses, any touching, however slight, is sufficient to
constitute the relevant element of the offense:
(i) unlawful sexual activity with a minor, a violation of Section 76-5-
401, involving acts of sodomy;
(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of
Section 76-5-401.2, involving acts of sodomy;
(iii) sodomy, a violation of Subsection 76-5-403(1);
(iv) forcible sodomy, a violation of Subsection 76-5-403(2);
(v) rape of a child, a violation of Section 76-5-402.1; or
(vi) object rape of a child, a violation of Section 76-5-402.3.
(3) In any prosecution for the following offenses, any touching, even if
accomplished through clothing, is sufficient to constitute the relevant
element of the offense:
(a) sodomy on a child, a violation of Section 76-5-403.1; or
(b) sexual abuse of a child or aggravated sexual abuse of a child, a
violation of Section 76-5-404.1.

Question 21

♦ 76-5-412 – Custodial sexual relations

Answer 21

2) An actor commits custodial sexual relations if the actor commits any of
the acts under Subsection (3):
(i) under circumstances not amounting to commission of, or an attempt
to commit, an offense under Subsection (6); and

Question 22

cont

Answer 22

(ii)(A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor’s position should have known
under the circumstances that the individual was a person in custody.
(b) A violation of Subsection (2)(a) is a third degree felony, but if the
person in custody is younger than 18 years of age, a violation of
Subsection (2)(a) is a second degree felony.
(c) If the act committed under this Subsection (2) amounts to an
offense subject to a greater penalty under another provision of state law
than is provided under this Subsection (2), this Subsection (2) does not
prohibit prosecution and sentencing for the more serious offense.
(3) Acts referred to in Subsection (2)(a) are:
(a) having sexual intercourse with a person in custody;
(b) engaging in any sexual act with a person in custody involving the
genitals of one person and the mouth or anus of another person, regardless
of the sex of either participant; or
(c) causing the penetration, however slight, of the genital or anal
opening of a person in custody by any foreign object, substance,
instrument, or device, including a part of the human body, with the intent
to cause substantial emotional or bodily pain to any person, regardless of
the sex of any participant.
(4) An actor commits custodial sexual misconduct if the actor commits
any of the acts under Subsection (5):
(i) under circumstances not amounting to commission of, or an attempt
to commit, an offense under Subsection (6); and
(ii)(A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor’s position should have known
under the circumstances that the individual was a person in custody.
(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the
person in custody is younger than 18 years of age, a violation of
Subsection (4)(a) is a third degree felony.

Question 23

♦ 76-5b-201 – Sexual exploitation of a minor

Answer 23

(1) A person is guilty of sexual exploitation of a minor:
(a) when the person:
(i) knowingly produces, possesses, or possesses with intent to distribute
child pornography; or
(ii) intentionally distributes or views child pornography; or
(b) if the person is a minor’s parent or legal guardian and knowingly
consents to or permits that minor to be sexually exploited under
Subsection (1)(a).
(2) Sexual exploitation of a minor is a felony of the second degree.

Question 24

♦ 76-7-101 – Bigamy

Answer 24

♦ 76-7-101 – Bigamy
(1) A person is guilty of bigamy when, knowing he has a husband or wife
or knowing the other person has a husband or wife, the person purports to
marry another person or cohabits with another person.
(2) Bigamy is a felony of the third degree.
It shall be a defense to bigamy that the accused reasonably believed he and
the other person were legally eligible to remarry.

Question 25

♦ 76-7-101.5 – Child bigamy

Answer 25

♦ 76-7-101.5 – Child bigamy
(1) An actor 18 years of age or older is guilty of child bigamy when,
knowing he or she has a wife or husband, or knowing that a person under
18 years of age has a wife or husband, the actor carries out the following
with the person who is under 18 years of age:
(a) purports to marry the person who is under 18 years of age; or
(b) cohabits with the person who is under 18 years of age.
(2) A violation of Subsection (1) is a second degree felony.

Question 26

♦ 76-7-102 – Incest

Answer 26

(1) As used in this section:
(a) “Provider” means a person who provides or makes available his
seminal fluid or her human egg.
(b) “Related person” means a person related to the provider or actor as
an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first
cousin, and includes:
(i) blood relationships of the whole or half blood without regard to
legitimacy;
(ii) the relationship of parent and child by adoption; and
(iii) the relationship of stepparent and stepchild while the marriage
creating the relationship of a stepparent and stepchild exists.
(2)(a) An actor is guilty of incest when, under circumstances not
amounting to rape, rape of a child, or aggravated sexual assault, the actor
knowingly and intentionally:
(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or
(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).
(b) Conduct referred to under Subsection (2)(a) is:

Question 27

cont

Answer 27

(i) sexual intercourse between the actor and a person the actor knows
has kinship to the actor as a related person;
(ii) the insertion or placement of the provider’s seminal fluid into the
vagina, cervix, or uterus of a related person by means other than sexual
intercourse;
(iii) providing or making available his seminal fluid for the purpose of
insertion or placement of the fluid into the vagina, cervix, or uterus of a
related person by means other than sexual intercourse;
(iv) a woman 18 years of age or older who:
(A) knowingly allows the insertion of the seminal fluid of a provider
into her vagina, cervix, or uterus by means other than sexual intercourse;
and
(B) knows that the seminal fluid is that of a person with whom she has
kinship as a related person; or
(v) providing the actor’s sperm or human egg that is used to conduct in
vitro fertilization, or any other means of fertilization, with the human egg
or sperm of a person who is a related person.
(c) This Subsection (2) does not prohibit providing a fertilized human
egg if the provider of the fertilizing sperm is not a related person regarding
the person providing the egg.
(3) Incest is a third degree felony.

Question 28

♦ 76-9-301.8 – Bestiality

Answer 28

(1) A person commits the crime of bestiality if the actor engages in any
sexual activity with an animal with the intent of sexual gratification of the
actor.
(2) For purposes of this section only:
(a) “Animal” means any live, nonhuman vertebrate creature, including
fowl.
(b) “Sexual activity” means physical sexual contact:
(i) between the actor and the animal involving the genitals of the actor
and the genitals of the animal;
(ii) the genitals of the actor or the animal and the mouth or anus of the
actor or the animal; or
(iii) through the actor’s use of an object in contact with the genitals or
anus of the animal.
(3) A crime of bestiality is a class B misdemeanor.

Question 29

♦ 76-9-702 – Lewdness

Answer 29

(1) A person is guilty of lewdness if the person under circumstances not
amounting to rape, object rape, forcible sodomy, forcible sexual abuse,
aggravated sexual assault, or an attempt to commit any of these offenses,
performs any of the following acts in a public place or under
circumstances which the person should know will likely cause affront or
alarm to, on, or in the presence of another who is 14 years of age or older:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the
areola, the buttocks, the anus, or the pubic area;
(c) masturbates; or
(d) any other act of lewdness.
(2)(a) A person convicted the first or second time of a violation of
Subsection (1) is guilty of a class B misdemeanor, except under
Subsection (2)(b).
(b) A person convicted of a violation of Subsection (1) is guilty of a
third degree felony if at the time of the violation:
(i) the person is a sex offender as defined in Section 77-27-21.7;
(ii) the person has been previously convicted two or more times of
violating Subsection (1); or
(iii) the person has previously been convicted of a violation of
Subsection (1) and has also previously been convicted of a violation of
Section 76-9-702.5.

Question 30

♦ 76-9-702.1 – Sexual Battery

Answer 30

(1) A person is guilty of sexual battery if the person under circumstances
not amounting to rape, rape of a child, object rape, object rape of a child,
forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse
of a child, aggravated sexual abuse of a child, aggravated sexual assault,
or an attempt to commit any of these offenses intentionally touches,
whether or not through clothing, the anus, buttocks, or any part of the
genitals of another person, or the breast of a female, and the actor’s
conduct is under circumstances the actor knows or should know will likely
cause affront or alarm to the person touched.
(3) Sexual battery is a class A misdemeanor.

Question 31

♦ 76-9-702.5 – Lewdness Involving Child

Answer 31

(1) A person is guilty of lewdness involving a child if the person under
circumstances not amounting to rape of a child, object rape of a child,
sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a
child, or an attempt to commit any of those offenses, intentionally or
knowingly does any of the following to, or in the presence of a child who
is under 14 years of age:
(a) performs an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the
areola, the buttocks, the anus, or the pubic area:
(i) in a public place; or
(ii) in a private place:
(A) under circumstances the person should know will likely cause
affront or alarm; or
(B) with the intent to arouse or gratify the sexual desire of the actor or
the child;
(c) masturbates;
(d) under circumstances not amounting to sexual exploitation of a child
under Section 76-5a-3, causes a child under the age of 14 years to expose
his or her genitals, anus, or breast, if female, to the actor, with the intent to
arouse or gratify the sexual desire of the actor or the child; or
(e) performs any other act of lewdness.
(2)(a) Lewdness involving a child is a class A misdemeanor, except under
Subsection (2)(b).
(b) Lewdness involving a child is a third degree felony if at the time of
the violation:
(i) the person is a sex offender as defined in Section 77-27-21.7; or
(ii) the person has previously been convicted of a violation of this
section.

Question 32

♦ 76-9-702.7 – Voyeurism

Answer 32

(1) A person is guilty of voyeurism who intentionally uses a camcorder,
motion picture camera, photographic camera of any type, or other
equipment that is concealed or disguised to secretly or surreptitiously
videotape, film, photograph, record, or view by electronic means an
individual:
(a) for the purpose of viewing any portion of the individual’s body
regarding which the individual has a reasonable expectation of privacy,
whether or not that portion of the body is covered with clothing;
(b) without the knowledge or consent of the individual; and

Question 33

cont

Answer 33

(c) under circumstances in which the individual has a reasonable
expectation of privacy.
(2) A violation of Subsection (1) is a class A misdemeanor, except that a
violation of Subsection (1) committed against a child under 14 years of
age is a third degree felony.
(3) Distribution or sale of any images, including in print, electronic,
magnetic, or digital format, obtained under Subsection (1) by
transmission, display, or dissemination is a third degree felony, except that
if the violation of this Subsection (3) includes images of a child under 14
years of age, the violation is a second degree felony.
(4) A person is guilty of voyeurism who, under circumstances not
amounting to a violation of Subsection (1), views or attempts to view an
individual, with or without the use of any instrumentality:
(a) with the intent of viewing any portion of the individual’s body
regarding which the individual has a reasonable expectation of privacy,
whether or not that portion of the body is covered with clothing;
(b) without the knowledge or consent of the individual; and
(c) under circumstances in which the individual has a reasonable
expectation of privacy.
(5) A violation of Subsection (4) is a class B misdemeanor, except that a
violation of Subsection (4) committed against a child under 14 years of
age is a class A misdemeanor.

Question 34

♦ 76-9-704 – Abuse or Desecration Dead Body

Answer 34

(1) For purposes of this section, “dead human body” includes any part of a
human body in any stage of decomposition, including ancient human
remains as defined in Section 9-8-302.
(2) A person is guilty of abuse or desecration of a dead human body if the
person intentionally and unlawfully:
(a) fails to report the finding of a dead human body to a local law
enforcement agency;
(b) disturbs, moves, removes, conceals, or destroys a dead human body
or any part of it;
(c) disinters a buried or otherwise interred dead human body, without
authority of a court order;
(d) dismembers a dead human body to any extent, or damages or
detaches any part or portion of a dead human body; or
(e)(i) commits or attempts to commit upon any dead human body any
act of sexual penetration, regardless of the sex of the actor and of the dead
human body; and

Question 35

cont

Answer 35

(ii) as used in Subsection (2)(e)(i), “sexual penetration” means
penetration, however slight, of the genital or anal opening by any object,
substance, instrument, or device, including a part of the human body, or
penetration involving the genitals of the actor and the mouth of the dead
human body.
(3) A person does not violate this section if when that person directs or
carries out procedures regarding a dead human body, that person complies
with specific requirements listed in 76-9-704 (3) (a-f)
(4)(a) Failure to report the finding of a dead human body as required under
Subsection (2)(a) is a class B misdemeanor.
(b) Abuse or desecration of a dead human body as described in
Subsections (2)(b) through (e) is a third degree felony.

Question 36

♦ 76-10-1203 – Pornographic material or performance

Answer 36

(1) Any material or performance is pornographic if:
(a) The average person, applying contemporary community standards,
finds that, taken as a whole, it appeals to prurient interest in sex;
(b) It is patently offensive in the description or depiction of nudity,
sexual conduct, sexual excitement, sadomasochistic abuse, or excretion;
and
(c) Taken as a whole it does not have serious literary, artistic, political
or scientific value.
(2) In prosecutions under this part, where circumstances of production,
presentation, sale, dissemination, distribution, exhibition, or publicity
indicate that the matter is being commercially exploited by the defendant
for the sake of its prurient appeal, this evidence is probative with respect
to the nature of the matter and can justify the conclusion that, in the
context in which it is used, the matter has no serious literary, artistic,
political, or scientific value.
(3) Neither the prosecution nor the defense shall be required to introduce
expert witness testimony as to whether the material or performance is or is
not harmful to adults or minors or is or is not pornographic, or as to any
element of the definition of pornographic, including contemporary
community standards.

Question 37

♦ 76-10-1206 – Dealing in Harmful Material to Minor

Answer 37

(1) A person is guilty of dealing in material harmful to minors when,
knowing or believing that a person is a minor, or having negligently failed
to determine the proper age of a minor, the person intentionally:
(a) distributes or offers to distribute, or exhibits or offers to exhibit, to a
minor or a person the actor believes to be a minor, any material harmful to
minors;
(b) produces, performs, or directs any performance, before a minor or a
person the actor believes to be a minor, that is harmful to minors; or
(c) participates in any performance, before a minor or a person the
actor believes to be a minor that is harmful to minors.
(2)(a) Each separate offense under this section committed by a person 18
years of age or older is a third degree felony punishable by:
(i) a minimum mandatory fine of not less than $1,000, plus $10 for
each article exhibited up to the maximum allowed by law; and
(ii) incarceration, without suspension of sentence, for a term of not less
than 14 days.
(b) Each separate offense under this section committed by a person 16
or 17 years of age is a class A misdemeanor.
(c) Each separate offense under this section committed by a person
younger than 16 years of age is a class B misdemeanor.

Question 38

♦ 76-10-1227 – Indecent Public Displays Definitions

Answer 38

1) For purposes of this section and Section 76-10-1228:
(a) “Description or depiction of illicit sex or sexual immorality” means:
(i) human genitals in a state of sexual stimulation or arousal;
(ii) acts of human masturbation, sexual intercourse, or sodomy;
(iii) fondling or other erotic touching of human genitals or pubic
region; or
(iv) fondling or other erotic touching of the human buttock or female
breast.
(b) “Nude or partially denuded figure” means:
(i) less than completely and opaquely covering human:
(A) genitals;
(B) pubic regions;
(C) buttock; and
(D) female breast below a point immediately above the top of the
areola; and
(ii) human male genitals in a discernibly turgid state, even if
completely and opaquely covered.

Question 39

♦ 76-10-1228 – Indecent Public Displays Prohibitions

Answer 39

(1) Subject to the affirmative defense in Subsection 76-10-1208(3), a
person is guilty of a class A misdemeanor who willfully or knowingly:
(a) engages in the business of selling, lending, giving away, showing,
advertising for sale, or distributing to a minor or has in the person’s
possession with intent to engage in that business or to otherwise offer for
sale or commercial distribution to a minor any material with:
(i) a description or depiction of illicit sex or sexual immorality; or
(ii) a nude or partially denuded figure; or
(b) publicly displays at newsstands or any other establishment
frequented by minors, or where the minors are or may be invited as a part
of the general public, any motion picture, or any live, taped, or recorded
performance, or any still picture or photograph, or any book, pocket book,
pamphlet, or magazine the cover or content of which:
(i) exploits, is devoted to, or is principally made up of one or more
descriptions or depictions of illicit sex or sexual immorality; or
(ii) consists of one or more pictures of nude or partially denuded
figures.
(2)(a) A violation of this section is punishable by:
(i) a minimum mandatory fine of not less than $500; and
(ii) incarceration, without suspension of sentence in any way, for a term
of not less than 30 days.

Question 40

♦ 76-10-1302 – Prostitution

Answer 40

(1) A person is guilty of prostitution when:
(a) he engages in any sexual activity with another person for a fee;
(b) is an inmate of a house of prostitution; or
(c) loiters in or within view of any public place for the purpose of being
hired to engage in sexual activity.
(2) Prostitution is a class B misdemeanor a second conviction is a class A
misdemeanor.

Question 41

♦ 76-10-1303 – Patronizing a Prostitute

Answer 41

♦ 76-10-1303 – Patronizing a Prostitute
(1) A person is guilty of patronizing a prostitute when:
(a) he pays or offers or agrees to pay another person a fee for the
purpose of engaging in an act of sexual activity; or
(b) he enters or remains in a house of prostitution for the purpose of
engaging in sexual activity.
(2) Patronizing a prostitute is a class B misdemeanor.

Question 42

♦ 76-10-1304 – Aiding Prostitution

Answer 42

♦ 76-10-1304 – Aiding Prostitution
(1) A person is guilty of aiding prostitution if he:
(a)(i) solicits a person to patronize a prostitute;
(ii) procures or attempts to procure a prostitute for a patron;
(iii) leases or otherwise permits a place controlled by the actor, alone or
in association with another, to be used for prostitution or the promotion of
prostitution; or
(iv) provides any service or commits any act that enables another
person to commit a violation of this Subsection (1)(a) or facilitates another
person’s ability to commit any violation of this Subsection (1)(a); or
(v) solicits, receives, or agrees to receive any benefit for doing any of
the acts prohibited by Subsection (1)(a).
(2) Aiding prostitution is a class B misdemeanor (a second conviction is a
class A misdemeanor).

Question 43

♦ 76-10-1305 – Exploiting Prostitution

Answer 43

♦ 76-10-1305 – Exploiting Prostitution
A person is guilty of exploiting prostitution if he:
(a) procures an inmate for a house of prostitution or place in a house of
prostitution for one who would be an inmate;
(b) encourages, induces, or otherwise purposely causes another to
become or remain a prostitute;
(c) transports a person into or within this state with a purpose to
promote that person’s engaging in prostitution or procuring or paying for
transportation with that purpose;
(d) not being a child or legal dependent of a prostitute, shares the
proceeds of prostitution with a prostitute pursuant to their understanding
that he is to share therein; or
(e) owns, controls, manages, supervises, or otherwise keeps, alone or in
association with another, a house of prostitution or a prostitution business.
(2) Exploiting prostitution is a felony of the third degree.

Question 44

♦ 76-10-1311 – Mandatory Testing

Answer 44

♦ 76-10-1311 – Mandatory Testing
(1) A person who has entered a plea of guilty, a plea of no contest, a plea
of guilty and mentally ill, or been found guilty for violation of Section 76-
10-1302, 76-10-1303, or 76-10-1313 shall be required to submit to a
mandatory test to determine if the offender is an HIV positive individual.
The mandatory test shall be required and conducted prior to sentencing.