Applicability of part -- "Penetration" or "touching" sufficient to constitute offense.
Checkout our iOS App for a better way to browser and research.
(1) The provisions of this part do not apply to consensual conduct between individuals 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 Section 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) forcible sodomy, a violation of Subsection 76-5-403(2);
(iv) rape of a child, a violation of Section 76-5-402.1; or
(v) 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;
(b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1;
(c) sexual abuse of a minor, a violation of Section 76-5-401.1;
(d) unlawful sexual conduct with a 16- or 17-year-old, a violation of Section 76-5-401.2;
(e) forcible sexual abuse, a violation of Section 76-5-404;
(f) custodial sexual relations, a violation of Section 76-5-412; or
(g) custodial sexual relations or misconduct with youth receiving state services, a violation of Section 76-5-413.