{"id":376773,"date":"2016-03-31T21:37:03","date_gmt":"2016-04-01T02:37:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-24T12:52:43","modified_gmt":"2023-01-24T17:52:43","slug":"utah-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Utah Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Utah Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For the most part, consensual sexual activity is none of the government’s business. Sexual assault, rape, and other such sex crimes<\/a> all involve non-consensual sex and are thus considered serious violations. However, there are some situations when consensual sex crosses the line and either endangers another’s well-being or disrupts the public.<\/p>\r\n

This article provides a brief overview of Utah laws prohibiting certain consensual and non-consensual sexual acts. Keep in mind that "consent" is a legal term defined by state criminal law. For example, in the state of Utah<\/a>, the age of consent for women is 16 years old while the age of consent for men is 18 years old.<\/p>\r\n

History of Sexual Activities Laws<\/h2>\r\n

There are voluntary sexual activities that are regulated under state consensual sexual activity laws<\/a> in all jurisdictions. Most of the time, these guidelines reflect the social and political norms of the particular state at the time the laws were created and thus are subject to change over time.<\/p>\r\n

While any kind of non-consensual sex is a crime, most states at one time enforced anti-sodomy laws. These laws have since been struck down in 2003 by Lawrence v. Texas<\/a> <\/i>since they unconstitutionally singled-out same-sex couples. They are, therefore, unenforceable. Even though they have been unenforceable since 2003, Utah officially amended its sodomy statute in 2022, and such is no longer a crime between consenting adults.<\/p>\r\n

Consensual Sexual Activity Laws in Utah<\/h2>\r\n

The table below lists Utah’s prohibited consensual sexual activity statutes. You can also find additional articles and information on this topic by visiting FindLaw’s section on Sex Crimes<\/a>.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

Utah has repealed its anti-sodomy statutes for consenting adults. However, Utah Code Ann. \u00a7 76-5-403<\/a>, does outlaw forcible sodomy.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

Under Utah Code Ann. \u00a7 76-5-403<\/a>, forcible sodomy is punishable as a Class B misdemeanor. A crime is considered forcible sodomy if the sexual act was done either without consent or on a child if the victim was under 14 years old.<\/p>\r\n<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under Utah Code Ann. \u00a7 53-10-802<\/a>, at the victim’s request, a person convicted of a sex offense or attempted sex offense must undergo HIV or STI testing.<\/p>\r\n<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-consensual Sex Acts<\/p>\r\n<\/th>\r\n