Even if a minor consented to have sex, the act is considered criminal because minors cannot give consent to sexual intercourse. But what happens when the defendant is 18 and their partner is 17?
For teenagers of a certain age, it is not uncommon for a 16- or 17-year-old minor to have a slightly older boyfriend or girlfriend. Romeo and Juliet laws in Utah may protect these parties. These laws are designed to reduce or eliminate penalties for teenagers who engage in consensual sexual activity. However, there are limits to this protection, and Romeo and Juliet laws might still impose criminal charges. While numerous sexual acts are covered by Romeo and Juliet laws, you can still be charged with unlawful sexual contact. If you are too old or your partner is too young, the laws would not apply to your case.
If you have been criminally charged for sleeping with your 16 or 17-year-old partner, our Ogden sex crimes defense attorneys can help you take advantage of Romeo and Juliet laws. Call Overson & Bugden at (801) 758-2287 for a free case review.
What Is Utah’s Romeo and Juliet Law?
Many states, including Utah, have a Romeo and Juliet law that applies in certain cases that would otherwise be statutory rape. Minors cannot give legal, valid consent to have sex. Consensual sex between an adult and a minor is usually statutory rape. However, Romeo and Juliet laws carve out exceptions for people of certain age groups.
You might think charging an 18-year-old high school senior with a serious sex crime for having consensual sex with their 16-year-old partner would be too harsh. Utah lawmakers would agree with that sentiment; hence, we have Romeo and Juliet laws. If your teenage child is facing legal penalties for sleeping with a minor only a few years younger than them, our Utah sex crimes defense attorneys can help you use the Romeo and Juliet law to protect your child.
These laws may prevent criminal charges if the minor involved was at least 16 and the defendant was less than 7 years older than them. Typically, in the above circumstance of an 18-year-old dating a 16-year-old classmate, criminal charges would likely not be assessed.
Remember that Romeo and Juliet laws do not prevent all criminal charges. It might still be possible to be charged with other sex offenses for having consensual sex with a minor. Typically, charges are assessed when the age difference between the defendant and alleged victim is too great. Romeo and Juliet laws tend to apply to young couples with only a few years between them. Our Park City sex crimes defense attorneys can review your case with you and determine if your teenager is protected by Romeo and Juliet laws.
Why Does Utah Have a Romeo and Juliet Law?
Romeo and Juliet laws are designed to protect people where typical laws regarding sex offenses would be too harsh. For example, charging an 18-year-old with sexual assault for having consensual sex with a 17-year-old seems outrageous considering they are a single year apart in age.
The law also takes into consideration the autonomy of 16- and 17-year-olds. The age of consent in Utah is 16, and teens who reach this age can consent to sexual activity with a partner, even an adult partner, within legal limitations. However, under Utah Code § 76-5-401.2(2), there is an age cut-off. A 16- or 17-year-old can legally consent to have sex with someone no more than 10 years their senior.
Romeo and Juliet laws are meant to shield young, consenting adults from unjust consequences. However, when the age gap between the alleged victim and the defendant is too great, Romeo and Juliet laws may offer no protection. Speak to our Provo sex crimes defense lawyers about your case to determine if you are protected by the Romeo and Juliet law.
What Kinds of Cases Fall Under the Romeo and Juliet Law in Utah?
Under Utah Code § 76-5-401.2(1), a “minor” for purposes of applying the Romeo and Juliet law is someone at least 16 years of age but younger than 18. Essentially, the law applies only to minors who meet the age of consent in Utah. If the supposed victim in our case is of the age of consent and the sexual activity was consensual, our Utah sex crimes defense attorneys can help you fight the charges.
The law also includes possible defendants no more than 10 years older than the minor. For example, if the minor in your case was 16, you may be protected by the Romeo and Juliet law if you are no older than 26.
Typically, the law is geared more toward teen romance, and adults in their twenties might be met with more skepticism. If you are at least 7 years older than the alleged victim, you may still face some criminal charges. However, the charges are less severe than ordinary statutory rape charges.
A defendant may be charged instead with unlawful sexual conduct with a minor under this law. The charges may be for third-degree felonies if the defendant has sexual intercourse with, touched the privates of, or caused penetration with an object of the 16- or 17-year-old minor.
Does the Romeo and Juliet Law in Utah Apply if I Did Not Know the Other Person’s Age?
One of the biggest questions surrounding sex offenses cases involving minors is age. Defendants often claim that they were unaware of the supposed victim’s age until after they had sex. Sometimes, defendants allege they inquired about age, but the other person was dishonest. The Romeo and Juliet law distinguishes between those who know about age and those who do not.
If the defendant is at least 7 years older than the alleged victim but still less than 10, they can be charged with unlawful sexual contact with a minor if they knew or reasonably should have known the minor’s true age. If the victim in this case lied about their age, you might have a strong argument in your defense. However, your mistaken belief of the minor’s true age must be reasonable.
There is no such leniency for defendants who are at least 10 years older than the minor. If you are 10 years older than the minor in your case, it does not matter if you knew their true age or not. The law makes no mention of the defendant’s knowledge of age, reasonable or not.
If you were truly unaware of how old the alleged victim was in your case, our Riverton sex crimes defense attorneys can work with you to develop an effective defense strategy. Keep in mind that ignorance of age might not be a defense in many cases.
Criminal Charges Under Utah’s Romeo and Juliet Law
Under Utah Code § 76-5-401.2(2)(a), a defendant may be charged with unlawful sexual contact with a minor, with the minor being someone at least aged 16. Depending on your circumstances, this offense may be charged as a misdemeanor or a felony. Our Utah sex crimes defense lawyers can help you fight these charges and any other sex offenses you might be facing in connection to a consensual sexual encounter with a minor.
Under the law, unlawful sexual contact with a minor may be punished as a Class A misdemeanor when the sexual contact consisted of inappropriate touching of the anus, backside, or privates of a minor, including the breasts of a female minor. If the contact consisted of sexual intercourse, oral sex, or penetration with an object, the defendant might be charged with a third-degree felony.
Another Romeo and Juliet law applies in cases of minors younger than 16 but at least 14. Under Utah Code § 76-5-401(3)(b)-(c), a defendant may only be charged with a Class B misdemeanor instead of a third-degree felony if they can show they were less than 4 years older than the victim. Alternatively, if the defendant was younger than 21 at the time of the encounter with the victim but more than 4 years older, they can be charged with a Class A misdemeanor.
Penalties for Unlawful Sexual Contact with a Minor in Utah
Sexual contact with a minor may be charged as a third-degree felony or a Class A or B misdemeanor, depending on your case. All these potential charges come with steep penalties, including incarceration and possibly being required to register as a sex offender. Our Utah sex crimes defense attorneys can help you fight your charges, and hopefully you can reduce or avoid these penalties.
A third-degree felony may be punished by up to 5 years in state prison. Remember, 5 years is the maximum sentence, but a judge may potentially impose a shorter sentence if you present strong mitigating factors.
A Class A misdemeanor is one step below a felony and may be punished by up to 364 days in jail. A Class B misdemeanor may carry a jail term of up to 6 months. Like with the felony charges mentioned above, your sentence might be shorter if you show the court strong mitigating factors. Our legal team can review your case for mitigating factors and help you hopefully avoid a lengthy incarceration.
Sex Offender Registration and Utah’s Romeo and Juliet Law
In Utah, people convicted of certain sex offenses must register as sex offenders, often for many years if not for life. This includes juvenile and adult offenders. Being a registered sex offender presents a whole host of problems for convicted defendants even years after their case is over and their sentences are served.
Under Utah Code § 77-41-102(17), a person must register as a sex offender if convicted of certain sexual crimes in Utah. The statute provides a lengthy list of offenses that require registration, including unlawful sexual activity with a minor.
One exception to the registration requirement can be found under Utah Code § 77-41-102(17)(a)(vii). If you are convicted of unlawful sexual activity with a minor at least 14 years of age but younger than 16, but you are less than 4 years older than the victim and/or younger than 21, you do not have to register.
Can Two Minors Still Get in Legal Trouble for Consensual Sex in Utah?
While Romeo and Juliet laws protect teenage offenders, they do not apply to cases involving very young children. There may be criminal penalties even when two minors have a consensual sexual encounter. Our Sandy sex crimes defense lawyers can help you if your child is facing legal trouble for a consensual sexual encounter.
A defendant may be charged with unlawful adolescent sexual activity under Utah Code § 76-5-401.3(1) if the victim is at least 12 but under 18. A 17-year-old defendant might face third-degree felonies if the victim was 12 or 13. Typically, the close in age the victim and defendant are, the less severe the charges will be.
The offenses involved in unlawful adolescent sexual activity are typically consensual and do not include crimes like sexual assault or abuse. Not only that, but convicted defendants are not required to register as sex offenders.
Defenses to Statutory Rape Charges in Utah
The primary purpose of Romeo and Juliet laws is to circumvent statutory rape charges. Statutory rape charges are very severe and usually charged as serious felonies. While Romeo and Juliet laws might help young teenagers avoid statutory rape charges, they might not help adults.
If you are facing statutory rape charges, the first thing you should know is that ignorance of the victim’s true age is not usually a defense. Our South Jordan sex crimes defense attorneys can help you figure out a defense that works for your situation.
For example, perhaps you engaged in sexual activity with a minor that did not amount to sexual intercourse. In such a case, we can argue that lesser charges, such as unlawful sexual contact with a minor, might be more appropriate.
Then again, if the sexual activity did not actually occur and the accusations against you are false, we can present an alibi. An alibi would likely lead to your charges being dropped. If an alibi is difficult to present because you were with the minor, but you did not have sex with them, we can find other proof that you were not physical with the alleged victim.
Contact Our Utah Sex Crimes Defense Attorneys for Help
If you have a young teenager facing charges for having sex with their slightly younger partner, they might be protected by Romeo and Juliet laws. Call our Utah sex crimes defense attorneys at Overson & Bugden at (801) 758-2287 for a free case review.
Even if a minor consented to have sex, the act is considered criminal because minors cannot give consent to sexual intercourse. But what happens when the defendant is 18 and their partner is 17?
For teenagers of a certain age, it is not uncommon for a 16- or 17-year-old minor to have a slightly older boyfriend or girlfriend. Romeo and Juliet laws in Utah may protect these parties. These laws are designed to reduce or eliminate penalties for teenagers who engage in consensual sexual activity. However, there are limits to this protection, and Romeo and Juliet laws might still impose criminal charges. While numerous sexual acts are covered by Romeo and Juliet laws, you can still be charged with unlawful sexual contact. If you are too old or your partner is too young, the laws would not apply to your case.
If you have been criminally charged for sleeping with your 16 or 17-year-old partner, our West Jordan sex crimes defense attorneys can help you take advantage of Romeo and Juliet laws. Call Overson & Bugden at (801) 758-2287 for a free case review.
What Is Utah’s Romeo and Juliet Law?
Many states, including Utah, have a Romeo and Juliet law that applies in certain cases that would otherwise be statutory rape. Minors cannot give legal, valid consent to have sex. Consensual sex between an adult and a minor is usually statutory rape. However, Romeo and Juliet laws carve out exceptions for people of certain age groups.
You might think charging an 18-year-old high school senior with a serious sex crime for having consensual sex with their 16-year-old partner would be too harsh. Utah lawmakers would agree with that sentiment; hence, we have Romeo and Juliet laws. If your teenage child is facing legal penalties for sleeping with a minor only a few years younger than them, our Utah sex crimes defense attorneys can help you use the Romeo and Juliet law to protect your child.
These laws may prevent criminal charges if the minor involved was at least 16 and the defendant was less than 7 years older than them. Typically, in the above circumstance of an 18-year-old dating a 16-year-old classmate, criminal charges would likely not be assessed.
Remember that Romeo and Juliet laws do not prevent all criminal charges. It might still be possible to be charged with other sex offenses for having consensual sex with a minor. Typically, charges are assessed when the age difference between the defendant and alleged victim is too great. Romeo and Juliet laws tend to apply to young couples with only a few years between them. Our West Valley City sex crimes defense attorneys can review your case with you and determine if your teenager is protected by Romeo and Juliet laws.
Why Does Utah Have a Romeo and Juliet Law?
Romeo and Juliet laws are designed to protect people where typical laws regarding sex offenses would be too harsh. For example, charging an 18-year-old with sexual assault for having consensual sex with a 17-year-old seems outrageous considering they are a single year apart in age.
The law also takes into consideration the autonomy of 16- and 17-year-olds. The age of consent in Utah is 16, and teens who reach this age can consent to sexual activity with a partner, even an adult partner, within legal limitations. However, under Utah Code § 76-5-401.2(2), there is an age cut-off. A 16- or 17-year-old can legally consent to have sex with someone no more than 10 years their senior.
Romeo and Juliet laws are meant to shield young, consenting adults from unjust consequences. However, when the age gap between the alleged victim and the defendant is too great, Romeo and Juliet laws may offer no protection. Speak to our Utah criminal defense lawyers about your case to determine if you are protected by the Romeo and Juliet law.
What Kinds of Cases Fall Under the Romeo and Juliet Law in Utah?
Under Utah Code § 76-5-401.2(1), a “minor” for purposes of applying the Romeo and Juliet law is someone at least 16 years of age but younger than 18. Essentially, the law applies only to minors who meet the age of consent in Utah. If the supposed victim in our case is of the age of consent and the sexual activity was consensual, our Utah sex crimes defense attorneys can help you fight the charges.
The law also includes possible defendants no more than 10 years older than the minor. For example, if the minor in your case was 16, you may be protected by the Romeo and Juliet law if you are no older than 26.
Typically, the law is geared more toward teen romance, and adults in their twenties might be met with more skepticism. If you are at least 7 years older than the alleged victim, you may still face some criminal charges. However, the charges are less severe than ordinary statutory rape charges.
A defendant may be charged instead with unlawful sexual conduct with a minor under this law. The charges may be for third-degree felonies if the defendant has sexual intercourse with, touched the privates of, or caused penetration with an object of the 16- or 17-year-old minor.
Does the Romeo and Juliet Law in Utah Apply if I Did Not Know the Other Person’s Age?
One of the biggest questions surrounding sex offenses cases involving minors is age. Defendants often claim that they were unaware of the supposed victim’s age until after they had sex. Sometimes, defendants allege they inquired about age, but the other person was dishonest. The Romeo and Juliet law distinguishes between those who know about age and those who do not.
If the defendant is at least 7 years older than the alleged victim but still less than 10, they can be charged with unlawful sexual contact with a minor if they knew or reasonably should have known the minor’s true age. If the victim in this case lied about their age, you might have a strong argument in your defense. However, your mistaken belief of the minor’s true age must be reasonable.
There is no such leniency for defendants who are at least 10 years older than the minor. If you are 10 years older than the minor in your case, it does not matter if you knew their true age or not. The law makes no mention of the defendant’s knowledge of age, reasonable or not.
If you were truly unaware of how old the alleged victim was in your case, our Utah sex crimes defense attorneys can work with you to develop an effective defense strategy. Keep in mind that ignorance of age might not be a defense in many cases.
Criminal Charges Under Utah’s Romeo and Juliet Law
Under Utah Code § 76-5-401.2(2)(a), a defendant may be charged with unlawful sexual contact with a minor, with the minor being someone at least aged 16. Depending on your circumstances, this offense may be charged as a misdemeanor or a felony. Our Utah sex crimes defense lawyers can help you fight these charges and any other sex offenses you might be facing in connection to a consensual sexual encounter with a minor.
Under the law, unlawful sexual contact with a minor may be punished as a Class A misdemeanor when the sexual contact consisted of inappropriate touching of the anus, backside, or privates of a minor, including the breasts of a female minor. If the contact consisted of sexual intercourse, oral sex, or penetration with an object, the defendant might be charged with a third-degree felony.
Another Romeo and Juliet law applies in cases of minors younger than 16 but at least 14. Under Utah Code § 76-5-401(3)(b)-(c), a defendant may only be charged with a Class B misdemeanor instead of a third-degree felony if they can show they were less than 4 years older than the victim. Alternatively, if the defendant was younger than 21 at the time of the encounter with the victim but more than 4 years older, they can be charged with a Class A misdemeanor.
Penalties for Unlawful Sexual Contact with a Minor in Utah
Sexual contact with a minor may be charged as a third-degree felony or a Class A or B misdemeanor, depending on your case. All these potential charges come with steep penalties, including incarceration and possibly being required to register as a sex offender. Our Utah sex crimes defense attorneys can help you fight your charges, and hopefully you can reduce or avoid these penalties.
A third-degree felony may be punished by up to 5 years in state prison. Remember, 5 years is the maximum sentence, but a judge may potentially impose a shorter sentence if you present strong mitigating factors.
A Class A misdemeanor is one step below a felony and may be punished by up to 364 days in jail. A Class B misdemeanor may carry a jail term of up to 6 months. Like with the felony charges mentioned above, your sentence might be shorter if you show the court strong mitigating factors. Our legal team can review your case for mitigating factors and help you hopefully avoid a lengthy incarceration.
Sex Offender Registration and Utah’s Romeo and Juliet Law
In Utah, people convicted of certain sex offenses must register as sex offenders, often for many years if not for life. This includes juvenile and adult offenders. Being a registered sex offender presents a whole host of problems for convicted defendants even years after their case is over and their sentences are served.
Under Utah Code § 77-41-102(17), a person must register as a sex offender if convicted of certain sexual crimes in Utah. The statute provides a lengthy list of offenses that require registration, including unlawful sexual activity with a minor.
One exception to the registration requirement can be found under Utah Code § 77-41-102(17)(a)(vii). If you are convicted of unlawful sexual activity with a minor at least 14 years of age but younger than 16, but you are less than 4 years older than the victim and/or younger than 21, you do not have to register.
Can Two Minors Still Get in Legal Trouble for Consensual Sex in Utah?
While Romeo and Juliet laws protect teenage offenders, they do not apply to cases involving very young children. There may be criminal penalties even when two minors have a consensual sexual encounter. Our Utah sex crimes defense lawyers can help you if your child is facing legal trouble for a consensual sexual encounter.
A defendant may be charged with unlawful adolescent sexual activity under Utah Code § 76-5-401.3(1) if the victim is at least 12 but under 18. A 17-year-old defendant might face third-degree felonies if the victim was 12 or 13. Typically, the close in age the victim and defendant are, the less severe the charges will be.
The offenses involved in unlawful adolescent sexual activity are typically consensual and do not include crimes like sexual assault or abuse. Not only that, but convicted defendants are not required to register as sex offenders.
Defenses to Statutory Rape Charges in Utah
The primary purpose of Romeo and Juliet laws is to circumvent statutory rape charges. Statutory rape charges are very severe and usually charged as serious felonies. While Romeo and Juliet laws might help young teenagers avoid statutory rape charges, they might not help adults.
If you are facing statutory rape charges, the first thing you should know is that ignorance of the victim’s true age is not usually a defense. Our Layton criminal defense attorneys can help you figure out a defense that works for your situation.
For example, perhaps you engaged in sexual activity with a minor that did not amount to sexual intercourse. In such a case, we can argue that lesser charges, such as unlawful sexual contact with a minor, might be more appropriate.
Then again, if the sexual activity did not actually occur and the accusations against you are false, we can present an alibi. An alibi would likely lead to your charges being dropped. If an alibi is difficult to present because you were with the minor, but you did not have sex with them, we can find other proof that you were not physical with the alleged victim.
Contact Our Utah Sex Crimes Defense Attorneys for Help
If you have a young teenager facing charges for having sex with their slightly younger partner, they might be protected by Romeo and Juliet laws. Call our Utah sex crimes defense attorneys at Overson & Bugden at (801) 758-2287 for a free case review.
