Unlawful Sexual Activity among Teens

Teens who engage in sexual relations with other teens may feel they are legal to do so as long as both parties consent, however sometimes their relations are considered unlawful sexual activity.

Too young for consent

Photo by: Leo Hidalgo

Unlawful sexual activity among teens does not include instances or rape, sodomy or sexual abuse that carries severe penalties for the offender. Unlawful adolescent sexual activity are sexual relations where both parties give consent yet one or more parties are not at an age old enough for consent. According to the Salt Lake County Division of Youth Services, “teens and youth of a certain age range CANNOT consent to sexual activities. Even if a youth gave consent, they are not permitted by law to do so in certain circumstances – and anyone having sexual contact with them could face criminal charges. This rule still applies even if the contact was by a teen or youth with another teenager or youth.” So how young is too young for teens to engage in sexual activity and what are the punishments?

Felony charges

Unlawful sexual activity among teens is considered a felony if there is a major age difference between the consenting teens involved. According to Utah Code 76-5-401.3, teens face third degree felony charges if they are:

• 17 years old and engaging in unlawful sexual activity with another teen 12 or 13 years old, a four to five year age difference;
• 16 years old and engaging in unlawful sexual activity with a teen who is 12 years old, a four year age difference.

Close in age, still against the law

The closer in age the teens who are involved, the less severe the punishments. This law varies slightly if the younger of the teens is a 12 or 13 year old who has barely reached adolescence. Statute 76-5-401.3 states, teens face class A misdemeanor charges if they are:

• 16 years old engaging in unlawful sexual activity with a teen who is 13 years old, a three year age difference; or
• 14 to 15 and engaging in unlawful sexual activity with a 12 year old, a two to three year age difference.
Teens may be charged with class B misdemeanor if they are:
• 17 and engaging in unlawful sexual activity with another teen who is 14 years old, a three year age difference;
• 15 years old and engaging in unlawful sexual activity with a teen 13 years old, a two year age difference.

Even teens who are really close in age or the same age face charges for having sexual relations. The punishment is a class C misdemeanor if the teen is:

• 14 years old and engaging in sexual activity with a teen who is 12 to 13 years old, a one to two year age difference ; and also
• 12 or 13 and engaging in sexual activity with another teen who is 12 or 13, the same exact age.

Almost adults

The laws regarding sexual activity among teens changes once the younger party involved reaches the age of 16 or 17 years of age. 16 and 17 year old do not face charges for sexual relations with other teens their same age. If the other party is an adult, it may still be legal depending on the age difference. Utah Code 76-5-401.2 explains that “a person commits unlawful sexual conduct with a [16 or 17 year old] if [the person] is:

• seven or more years older but less than 10 years older than the minor (…) and the person knew or reasonably should have known the age of the minor;
• 10 or more years older than the minor (…); or
• Holds a relationship of special trust as an adult teacher, employee, or volunteer (…)”.

This statute goes on to note sexual conduct includes any sexual act, inappropriate touching, or indecent liberties with the minor. Charges for the adult involved range from a class A misdemeanor to a third degree felony.

Not just old fashioned thinking

Teens who wish to engage in sexual activity should be warned that refraining from such is not just old fashioned thinking, it is the law. Those who face charges for unlawful sexual conduct should consult with a juvenile defense attorney.

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No Charges Filed For Utah Teen Who Made Threats of Violence Online

A Utah teen was released with no charges filed after an investigation into threats of violence he made online.

Report of planned school shooting

A male student at Emery High School in Utah used the social media app Snapchat to make threats of violence towards other classmates at his school. After seeing a Snapchat post that the teen was going to shoot other students, someone alerted police to the threat. The male teen responsible for the frightening post was detained while police investigated the alleged threat.

Taking threats seriously

There is no explanation as to why the teen made the threats toward his peers, however police determined the danger to not be credible. Police interviewed friends of the teen as well as those who may have seen the post on Snapchat. In a case like this, investigators likely searched the teen’s locker, phone, computer and home. Through the investigation however, there was no evidence that the teen actually planned on carrying out the attack. It was likely he said it in frustration or anger.

Threats of violence

According to Utah Code 76-5-107, A person may face class B misdemeanor charges for committing a “threat of violence if:

(a) The person threatens to commit any offense involving bodily injury, death, or substantial property damage, and acts with intent to place a person in fear of imminent serious bodily injury, substantial bodily injury, or death; or

(b) The person makes a threat, accompanied by a show of immediate force of violence, to do bodily injury to another.”

Although the teen made a verbal or written threat of violence, he didn’t act towards the threat at all and was released without charges. The teen didn’t escape unscathed however. He is facing serious backlash from his peers as well as the community. It is important to teach children the criminal as well as social consequences that can occur from making threats of violence towards others. Teens who end up facing charges are encouraged to seek legal counsel with their parents or guardians.

Youth Hunters in Utah

There are many youth hunters in Utah who join their families for traditional hunting trips. These kids may have grown up surrounded by older family members who have been hunting for years, but they and their parents may not know what is required for them to participate.

Hunting in Utah

Youth Hunters in Utah
Photo by: Bob ‘n’ Renee

Hunting is a big sport in Utah with many kids becoming involved fairly young. Fishing is common for beginners while many kids gradually move on to hunt small game and even larger game, cougar or bear as they get older. Although the State of Utah “encourage[es] Utah’s youth to hunt, fish, watch wildlife and participate in shooting sports” there are some guidelines that must be obeyed as well as education required before they can hunt in Utah.

Age requirements

According to the Utah Division of Wildlife Resources, “In 2008, the Utah Legislature removed the minimum age requirement for hunting small game”. With adult supervision, all kids under the age of 15 are allowed to hunt duck, partridge, pheasant, turkey and waterfowl while those 12 or older may participate in big game, cougar and bear hunts.

Education and parental supervision

Not every child can pick up a rifle and head out hunting with their family. The child must be old enough to understand and complete a hunter education course first. One educated and registered, licensed youth hunters under the age of 15 must be supervised by an adult while hunting, no matter how experienced they are. Utah Code also states in 76-10-509 that older teens hunting alone must have permission from their parent or guardian to be in possession of a weapon and that firearm may not be a “handgun, ( . . . ) short barreled rifle, short barreled shotgun, or a fully automatic weapon” as described in section 76-10-509.4.