Chapter 9.32
OFFENSES AGAINST THE PERSON
Sections:
Article I. Assault and Related Offenses
Article II. Interfering with Custodial Rights or Personal Liberty
9.32.040 Custodial interference.
Article III. Sexual Offenses
9.32.060 Unlawful sexual intercourse.
Article I. Assault and Related Offenses
9.32.010 Assault.
A. Assault is:
1. An attempt, with unlawful force or violence, to do bodily injury to another; or
2. A threat, accompanied by a show of immediate force or violence, to do bodily injury to another.
B. Assault is a class B misdemeanor. [Code 1986 § 13-76-5-102.]
9.32.020 Harassment.
A. A person is guilty of harassment if, with intent to frighten or harass another, he communicates in writing a threat to commit any violent felony.
B. Harassment is a class C misdemeanor. [Code 1986 § 13-76-5-106.]
9.32.030 Terroristic threat.
A. A person commits terroristic threat if he threatens to commit any offense involving violence with intent:
1. To cause action of any sort by an official or volunteer agency organized to deal with emergencies; or
2. To place a person in fear of imminent serious bodily injury; or
3. To prevent or interrupt the occupation of a place of assembly; or aircraft, automobile or other form of conveyance, but shall not include a facility of public transportation operated by a common carrier.
B. Terroristic threat is a class B misdemeanor. [Code 1986 § 13-76-5-107.]
Article II. Interfering with Custodial Rights or Personal Liberty
9.32.040 Custodial interference.
A. A person, whether a parent or other, is guilty of custodial interference if, without good cause, he takes, entices, conceals, or detains a child under the age of 16 from his parent, guardian, or other lawful custodian:
1. Knowing he has no legal right to do so; and
2. With intent to hold the child for a period substantially longer than the visitation or custody period previously awarded by a court of competent jurisdiction.
B. A person, whether a parent or other, is guilty of custodial interference if, having actual physical custody of a child under the age of 16 pursuant to a judicial award of any court of competent jurisdiction which grants to another person visitation or custody rights, and without good cause he conceals or detains the child with intent to deprive the other person of his lawful visitation or custody rights.
C. A person is guilty of custodial interference if without good cause he takes, entices, conceals, or detains an incompetent or other person under the age of 16 who has been committed by authority of law to the custody of another person or institution from the other person or institution, knowing he has no legal right to do so.
D. Custodial interference is a class B misdemeanor. [Code 1986 § 13-76-5-303.]
9.32.050 Unlawful detention.
A. A person commits unlawful detention if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.
B. Unlawful detention is a class B misdemeanor. [Code 1986 § 13-76-5-304.]
Article III. Sexual Offenses
9.32.060 Unlawful sexual intercourse.
A. A person commits unlawful sexual intercourse if, under circumstances not amounting to a violation of Section 76-5-402, 76-5-402.1 or 76-5-405, Utah Code Annotated 1953, that person has sexual relations with a person, not the person’s spouse, who is under 16 years of age if the actor is no more than three years older than the victim. Evidence that the actor was not more than three years older than the victim at the time of intercourse shall be raised by the defendant.
B. Unlawful sexual intercourse is a class B misdemeanor. [Code 1986 § 13-76-5-401.]
9.32.070 Sodomy.
A. A person commits sodomy when the actor engages in any sexual act with a person involving the genitals of one person in the mouth or anus of another person, regardless of the sex of either participant.
B. Sodomy is a class B misdemeanor. [Code 1986 § 13-76-5-403.]
9.32.080 Married persons’ conduct exempt – Limitations of actions – “Penetration” or “touching” sufficient to constitute offense.
A. The provisions of this article shall not apply to conduct between persons married to each other; provided, however, that for purposes of this article, persons living apart pursuant to a lawful order of a court of competent jurisdiction shall not be deemed to be married.
B. No prosecution may be instituted or maintained under this article unless the alleged offense was brought to the notice of public authority:
1. Within three months of its occurrence; or
2. Where the alleged victim was less than 18 years of age or otherwise incompetent to make complaint, within three months after a parent, guardian, or other competent person specifically interested in the victim, other than the alleged offender, learned of the offense.
C. In any prosecution for unlawful sexual intercourse, or sodomy, any sexual penetration or, in the case of sodomy, any touching, however slight, is sufficient to constitute the offense. [Code 1986 § 13-76-5-407.]