Utah Romeo and Juliet Law: Age of Consent, Close-in-Age Rules, and Penalties
Utah uses age bands and offense-specific conditions. For conduct involving a 16- or 17-year-old, § 76-5-401.2 distinguishes a gap of seven to under ten years from a gap of ten years or more. A single ten-year allowance does not accurately describe this statute.
At a Glance
| General age-of-consent summary | 18; individual offenses use more specific age bands. |
| Ages 16–17: gap of 7 to under 10 years | Section 76-5-401.2 includes a knowledge-of-age requirement. |
| Ages 16–17: gap of 10 years or more | The separate ten-year branch applies without that knowledge-of-age element. |
| Scope | These thresholds concern one offense, not a complete determination of legality. |
RomeoAndJulietLaw.us Editorial Desk
RomeoAndJulietLaw.us publishes educational summaries of U.S. age-of-consent and close-in-age laws. This organization byline identifies the publisher; it does not represent an individual attorney or establish professional legal qualifications. Consult the cited statutes and a licensed attorney for a specific legal question.
About the publisher and editorial standards1. Does Utah Have a Romeo and Juliet Law?
Utah has age-difference elements in its offenses. The informal Romeo and Juliet label should not be treated as a universal exemption. The specific conduct, exact birthdates, and statute in force when it occurred matter.
2. Age of Consent in Utah
The general summary is 18. This guide focuses on the separate offense concerning 16- and 17-year-olds. Different sections govern younger age groups, and the thresholds discussed here should not be applied to them.
3. Close-in-Age Exception Explained
Under § 76-5-401.2(2)(a)(i), a gap of seven or more years but less than ten is part of the offense when the actor knew or reasonably should have known the minor’s age. Subsection (2)(a)(ii) addresses gaps of ten years or more without that additional knowledge-of-age element.
4. Legal Age Gap Rules
Exactly seven years enters the first band. Exactly ten years enters the second. Below seven years does not meet either age-difference branch of this particular section; that does not resolve exposure under other statutes.
5. What Is Not Protected?
Do not turn this limited comparison into a conclusion about every offense.
- Other age bands require their own statutory analysis.
- Force, incapacity and other circumstances can implicate separate offenses.
- Image, communication and federal offenses have separate elements.
- Authority or trust relationships require analysis under the applicable provisions.
6. Examples
An exact eight-year gap with a 16- or 17-year-old.
Likely outcome: The seven-to-under-ten branch requires examination of what the actor knew or reasonably should have known about age.
An exact ten-year gap with a 16- or 17-year-old.
Likely outcome: The ten-or-more branch is implicated. Exactly ten is not outside the stated threshold.
An exact six-year gap with a 16- or 17-year-old.
Likely outcome: Neither age-difference branch is met. Other offenses still require separate review.
7. Possible Penalties
Section 76-5-401.2(3) distinguishes the listed forms of conduct. A classification is not a prediction of the sentence in a particular case.
| Charge | Penalty Range |
|---|---|
| Third degree felony | The conduct listed in subsection (2)(b)(i), (ii) or (iii). |
| Class A misdemeanor | The conduct listed in subsection (2)(b)(iv). |
8. Sex Offender Registration Risk
Registration consequences require examination of the actual conviction and the current registration statutes. The age gap alone does not establish whether registration applies or for how long.
9. Official Statute Sources
Statutes and resources cited in this Utah guide. Open the linked text where available, and check its effective date and subsequent amendments:
- Statutory text effective May 7, 2025; check the current code for later amendments.
- Utah Code § 76-5-401.2
10. When to Talk to a Lawyer
Consult a Utah-licensed attorney about an actual investigation, charge, or uncertainty involving these rules. Bring the exact dates and cited provision; a summary of one section cannot resolve every fact or applicable law.
Frequently Asked Questions
Sources & Legal Citations
Sources cited in this guide. Check the version and effective date of a statute before relying on a summary.
- Statutory text effective May 7, 2025; check the current code for later amendments.
- Utah Code § 76-5-401.2
For citations without a direct link, find Utah's legal materials in the Cornell LII state law directory, then search the cited section in the state's official code.