(1) The provisions of this part do not apply to consensual conduct between individuals married to each other.

(2) In any prosecution for: (a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense: (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse; (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving sexual intercourse; or (iii) rape, a violation of Section 76-5-402; or (b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense: (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy; (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy; (iii) forcible sodomy, a violation of Subsection 76-5-403(2); (iv) rape of a child, a violation of Section 76-5-402.1; or (v) object rape of a child, a violation of Section 76-5-402.3.

(a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense: (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse; (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving sexual intercourse; or (iii) rape, a violation of Section 76-5-402; or

(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse;

(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving sexual intercourse; or

(iii) rape, a violation of Section 76-5-402; or

(b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense: (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy; (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy; (iii) forcible sodomy, a violation of Subsection 76-5-403(2); (iv) rape of a child, a violation of Section 76-5-402.1; or (v) object rape of a child, a violation of Section 76-5-402.3.

(i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy;

(ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy;

(iii) forcible sodomy, a violation of Subsection 76-5-403(2);

(iv) rape of a child, a violation of Section 76-5-402.1; or

(v) object rape of a child, a violation of Section 76-5-402.3.

(3) In any prosecution for the following offenses, any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of the offense: (a) sodomy on a child, a violation of Section 76-5-403.1; (b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1; (c) sexual abuse of a minor, a violation of Section 76-5-401.1; (d) unlawful sexual conduct with a 16- or 17-year-old, a violation of Section 76-5-401.2; (e) forcible sexual abuse, a violation of Section 76-5-404; (f) custodial sexual relations, a violation of Section 76-5-412; or (g) custodial sexual relations or misconduct with youth receiving state services, a violation of Section 76-5-413.

(a) sodomy on a child, a violation of Section 76-5-403.1;

(b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1;

(c) sexual abuse of a minor, a violation of Section 76-5-401.1;

(d) unlawful sexual conduct with a 16- or 17-year-old, a violation of Section 76-5-401.2;

(e) forcible sexual abuse, a violation of Section 76-5-404;

(f) custodial sexual relations, a violation of Section 76-5-412; or

(g) custodial sexual relations or misconduct with youth receiving state services, a violation of Section 76-5-413.