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Mandatory Reporters of Child Abuse and Neglect
Utah Ann. Code § 62A-4a-403 provides that any person licensed under the Medical Practice Act or the Nurse Practice Act is required to report suspected child abuse or neglect (including sexual abuse). In addition, any person who has reason to believe that a child has been subjected to abuse or neglect must report.
Reports must be made immediately. Failure to report may result in a misdemeanor or other penalties.
Sexual Abuse and Exploitation
Utah Ann. Code § 78A-6-105 provides that ‘abuse’ means:
- Nonaccidental harm of a child
- Threatened harm of a child
- Sexual exploitation or sexual abuse
‘Abused child’ means a child who has been subjected to abuse.
‘Physical abuse’ means abuse that results in physical injury or damage to a child.
‘Severe abuse’ means abuse that causes or threatens to cause serious harm to a child.
‘Sexual abuse’ means:
- An act or attempted act of sexual intercourse, sodomy, incest, or molestation directed toward a child
- Engaging in any conduct with a child that would constitute an offense under any of the following terms, regardless of whether the person who engages in the conduct is actually charged with, or convicted of, the offense:
- Any sexual offense
- Child bigamy
- Lewdness or sexual battery
- Lewdness involving a child
‘Sexual exploitation’ means knowingly:
- Employing, using, persuading, inducing, enticing, or coercing any child to:
- Pose in the nude for the purpose of sexual arousal of any person
- Engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct
- Displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:
- In the nude, for the purpose of sexual arousal of any person
- Engaging in sexual or simulated sexual conduct
- Engaging in conduct that would constitute an offense under Title 76, Chapter 5a, Sexual Exploitation of Children, regardless of whether the person who engages in the conduct is actually charged with, or convicted of, the offense
‘Incest’ means engaging in sexual intercourse with a person whom the perpetrator knows to be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. This includes relationships of:
- The whole or half blood, without regard to legitimacy
- Parent and child by adoption
- Stepparent and stepchild while the marriage creating the relationship exists