Hello and thank you for your question.
Utah's age of consent for sexual activity is 16. So even the acts
described below are lawful for a 16 year old. Clearly any lesser
sexual activity (holding hands, kissing, etc.) with a 16 year old is
also lawful. The law makes no distinction between male-male and
male-female activity.
76-5-401. Unlawful sexual activity with a minor -- Elements --
Penalties -- Evidence of age raised by defendant.
(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.
The lewdness statute is also not a concern for the conduct that you describe.
http://www.livepublish.le.state.ut.us/lpBin20/lpext.dll/InfobaseUtahCode/title18564.htm/chapter19012.htm/section19049.htm?f=templates&fn=document-frame.htm&2.0
Search terms used
Utah statutes
And then further searches at the Utah statutes site
Thanks again for bringing us your question. While my answer does not
constitute legal advice (see the disclaimer below), I hope you find it
useful.
Sincerely
Google Answers Researcher
Richard-ga |
Clarification of Answer by
richard-ga
on
04 May 2004 08:16 PDT
While my answer remains the same, I was wrong to say that the age of
consent is 16. I neglected to cite you the list of acts prohibited
with a 16-17 year old:
76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
(1) For purposes of 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 this section occurred.
(2) A person commits unlawful sexual conduct 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 who is ten 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; 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.
http://www.livepublish.le.state.ut.us/lpBin20/lpext.dll/InfobaseUtahCode/title18564.htm/chapter18669.htm/section18714.htm?f=templates&fn=document-frame.htm&2.0
Nonetheless, the conduct that you describe is clearly OK.
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