Romeo and Juliet Laws in Utah

Older teens who are sexually involved with others near their own age may not have to worry about legal repercussions thanks to Utah’s Romeo and Juliet laws.

Romeo and Juliet laws

Romeo and Juliet laws are in place nationwide to protect teens and young adults from criminal charges for engaging in sexual activity with others. These laws vary depending on how old each person involved is along with the differences between the ages of the two parties. The state of Utah’s consensual sex laws may differ from neighboring states, therefore it is essential for teens and young adults to understand the laws of the states where they live or frequent to ensure their sexual activity is not considered a crime.

Consensual sexual activity

In the state of Utah, if two individuals engage in sexual activity where at least one party is a minor, there may be no legal issues as long as the encounter is consensual. There are some instances where regardless of whether or not both parties concede to the activity, it may be against the law.

• When one or both parties are too young. Utah Code 76-5-401.3 explains that “unlawful adolescent sexual activity is punishable as a . . . Class C misdemeanor if an adolescent who is 12 or 13 years of age engages in unlawful adolescent sexual activity with an adolescent who is 12 or 13 years of age [or] . . . if an adolescent who is 14 years of age engages in unlawful adolescent sexual activity with an adolescent who is 13 years of age.”

• When there is a significant age difference. That same statue warns that older teens who engage in sexual activity with a younger teen will face more severe penalties than teens closer to the same age. For instance, if a 17 year old engages in sexual activity with a 14 year old, they may face a class B misdemeanor. If the younger party is 12 or 13 year old, the older teen may face third degree felony charges.

• When one individual involved is an adult. Once a teen is 16 or 17 years old, they are considered more capable of making decisions regarding sexual activity, even if the individual to whom they are engaging in the activity with is an adult. There is an age limit to this law however. Utah Code 76-5-401.2 notes that sexual activity with a 16 or a 17 year old is against the law if the adult involved is “seven or more years older but less than 10 years older than the minor . . . and the individual knew or reasonably should have known the age of the minor; or 10 or more years older than the minor”.

For more information on Romeo and Juliet consensual sex laws in Utah or for legal help regarding charges related to these laws, contact a criminal defense attorney.