English
Español76-5-420. Lewdness involving a child
(1)(a) As used in this section:
(i) “Child” means an individual younger than 14 years old.
(ii) “Common area of a privacy space” means the same as that term is defined in Section 76-5-419.
(iii) “In the presence of” includes within visual contact through an electronic device.
(iv) “Privacy space” means the same as that term is defined in Section 76-12-309.
(v) “Sex-designated” means the same as that term is defined in Section 76-12-309.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits lewdness involving a child if:
(a) the actor, under circumstances not amounting to an offense listed in Subsection (4), intentionally or knowingly does any of the following in the presence of a child:
(i) performs an act of sexual intercourse or sodomy;
(ii) exposes the actor’s genitals, female breast below the top of the areola, buttocks, anus, or pubic area:
(A) in a public place; or
(B) in a private place under circumstances the actor should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child; or
(iii) masturbates;
(b) the actor is 18 years old or older and, under circumstances not amounting to an offense listed in Subsection (4), intentionally or knowingly does any of the following in the presence of a child with the intent to cause affront or alarm to the child or with the intent to arouse or gratify the sexual desire of the actor or the child:
(i) simulates masturbation;
(ii) performs an act of simulated intercourse or sodomy;
(iii) displays the actor’s male genitals or prosthetic male genitals in a discernibly turgid state, even if completely and opaquely covered;
(iv) engages in erotic touching of the actor’s nude breast, regardless of the actor’s sex or how the breast was developed or created; or
(v) involves a child in an act that would lead a reasonable person to conclude that the child is engaging in an act of:
(A) simulated intercourse or sodomy; or
(B) simulated masturbation;
(c) the actor, under circumstances not amounting to sexual exploitation of a minor under Section 76-5b-201 or aggravated sexual exploitation of a minor under Section 76-5b-201.1, intentionally or knowingly causes a child to expose the child’s genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or
(d) the actor performs any other act of lewdness.
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor.
(b) A violation of Subsection (2) is a third degree felony if at the time of the violation, the actor:
(i) is a sex offender as described in Subsection 53-29-202(2)(b) and the offense that the actor committed that resulted in the actor being a sex offender was committed against an individual younger than 18 years old;
(ii) previously has been convicted of a violation of this section;
(iii) commits the violation of Subsection (2) while also committing the offense of:
(A) lewdness as described in Section 76-5-419;
(B) criminal trespass resulting from unlawfully entering a sex-designated changing room as described in Subsection 76-6-206(2)(d);
(C) voyeurism as described in Section 76-12-306;
(D) recorded or photographed voyeurism as described in Section 76-12-307;
(E) distribution of images obtained through voyeurism as described in Section 76-12-308; or
(F) loitering in a privacy space as described in Section 76-12-309; or
(iv) is in a sex-designated privacy space, that is not designated for individuals of the actor’s sex.
(4) The offenses referred to in Subsection (2) are:
(a) rape of a child as described in Section 76-5-402.1;
(b) object rape of a child as described in Section 76-5-402.3;
(c) sodomy on a child as described in Section 76-5-403.1;
(d) sexual abuse of a child as described in Section 76-5-404.1;
(e) aggravated sexual abuse of a child as described in Section 76-5-404.3; or
(f) an attempt to commit an offense described in Subsections (4)(a) through (e).
(5)(a) The common area of a privacy space constitutes a public place or circumstance described in Subsection (2) where an act or an attempted act described in Subsection (2) constitutes a violation of Subsection (2).
(b) Within the common area of a government entity’s dressing room, fitting room, locker room, changing facility, or any other space designated for multiple individuals to dress or undress within the same space, exposing, displaying, or otherwise uncovering genitalia that does not correspond with the sex designation of the changing room constitutes an act or an attempted act described in Subsection (2) that constitutes lewdness involving a child.
