Read the full stored bill text
56
76-1-302
76-7-105
76-7-106
76-7-107
76-7-108
76-7-109
76-7-110
81-2-304
81-2-407
0
Underage Marriage Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill addresses provisions related to underage marriage.
Highlighted Provisions:
This bill:
creates the criminal offense of unlawfully marrying a minor;
creates the criminal offense of transporting a minor out of state for an illegal marriage;
creates the criminal offense of traveling out of state to marry a minor;
moves to the criminal code the existing criminal offense for a parent or guardian to
unlawfully consent or allow a minor to enter a marriage;
moves to the criminal code the existing criminal offense for unlawfully solemnizing a
marriage of a minor;
moves to the criminal code the existing criminal offense of fraudulently acting as a
minor's parent or guardian for the purpose of providing a false consent for the minor to
get married;
provides that the statute of limitations for a criminal prosecution for unlawfully marrying
a minor, transporting a minor out of state for an illegal marriage, or traveling out of state
to marry a minor is 15 years from the day on which a minor to the marriage turns 18
years old;
provides that a marriage performed in another country, state, or territory, in which one of
the parties to the marriage is a minor, is invalid in Utah unless the marriage meets
certain requirements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-1-302
, as last amended by Laws of Utah 2022, Chapter 185
81-2-304
, as last amended by Laws of Utah 2025, Chapter 300
81-2-407
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
76-7-105
, Utah Code Annotated 1953
76-7-106
, Utah Code Annotated 1953
76-7-107
, Utah Code Annotated 1953
76-7-108
, Utah Code Annotated 1953
76-7-109
, Utah Code Annotated 1953
76-7-110
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-1-302
is amended to read:
76-1-302
. Time limitations for prosecution of offenses -- Specific exceptions --
Provisions if DNA evidence would identify the defendant -- Commencement of
prosecution.
(1)
Except as otherwise provided
by Subsection
(2)
or another provision of the Utah Code
,
a prosecution for:
(a)
a felony or negligent homicide shall be commenced within four years after it is
committed
, except that prosecution for:
;
(i)
forcible sexual abuse shall be commenced within eight years after the offense is
committed, if within four years after its commission the offense is reported to a
law enforcement agency; and
(ii)
incest shall be commenced within eight years after the offense is committed, if
within four years after its commission the offense is reported to a law enforcement
agency;
(b)
a misdemeanor other than negligent homicide shall be commenced within two years
after it is committed; and
(c)
any infraction shall be commenced within one year after it is committed.
(2)
(a)
Notwithstanding Subsection
(1)
, prosecution
A prosecution
for
:
(i)
the offenses
an offense
listed in Subsections
76-3-203.5(1)(c)(i)(A)
through
(CC)
may be commenced at any time if the identity of the person who committed the
crime is unknown but DNA evidence is collected that would identify the person at
a later date
.
;
(ii)
an offense of forcible sexual abuse, as described in Section
76-5-404
, shall be
commenced within eight years after the offense is committed, if within four years
after the offense's commission, the offense is reported to a law enforcement
agency;
(iii)
an offense of incest, as described in Section
76-7-102
, shall be commenced
within eight years after the offense is committed, if within four years after the
offense's commission, the offense is reported to a law enforcement agency;
(iv)
an offense of unlawfully marrying a minor, as described in Section
76-7-105
,
shall be commenced within 15 years after the day on which a minor to the
marriage turns 18 years old;
(v)
an offense of transporting a minor out of state for an illegal marriage, as described
in Section
76-7-109
, shall be commenced within 15 years after the day on which a
minor to the marriage turns 18 years old; and
(vi)
an offense of traveling out of state to marry a minor, as described in Section
76-7-110
, shall be commenced within 15 years after the day on which a minor to
the marriage turns 18 years old.
(b)
Subsection
(2)(a)
(2)(a)(i)
does not apply if the statute of limitations on
a crime
the
offense
has run as of May 5, 2003, and no charges have been filed.
(3)
If the statute of limitations would have run but for the provisions of Subsection
(2)
(2)(a)(i)
and identification of a perpetrator is made through DNA, a prosecution shall be
commenced within four years of confirmation of the identity of the perpetrator.
(4)
A prosecution is commenced upon:
(a)
the finding and filing of an indictment by a grand jury;
(b)
the filing of a complaint or information; or
(c)
the issuance of a citation.
Section 2. Section
76-7-105
is enacted to read:
76-7-105
. Unlawfully marrying a minor.
(1)
(a)
As used in this section, "minor" means an individual who is younger than 18 years
old.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits unlawfully marrying a minor if:
(a)
the actor is 18 years old or older;
(b)
the actor marries a minor; and
(c)
the marriage described in Subsection
(2)(b)
does not meet the requirements described
in Section
81-2-304
for the actor to enter into the marriage with the minor.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 3. Section
76-7-106
is enacted to read:
76-7-106
. Parent or guardian unlawfully consenting or allowing an illegal
marriage.
(1)
(a)
As used in this section, "minor" means the same as that term is defined in Section
76-7-103
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits parent or guardian unlawfully consenting or allowing an illegal
marriage if:
(a)
the actor is a parent or legal guardian of a minor; and
(b)
the actor knowingly consents or allows the minor described in Subsection
(2)(a)
to
enter into a marriage that does not meet the requirements described in Section
81-2-304
.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 4. Section
76-7-107
is enacted to read:
76-7-107
. Unlawfully solemnizing a marriage of a minor.
(1)
(a)
As used in this section, "minor" means the same as that term is defined in Section
76-7-103
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits unlawfully solemnizing a marriage of a minor if:
(a)
(i)
the actor knowingly, with or without a license, solemnizes the marriage of a
minor; and
(ii)
the marriage described in Subsection
(2)(a)(i)
does not meet the requirements
described in Section
81-2-304
for the minor to enter into the marriage; or
(b)
without a written authorization from a juvenile court, the actor solemnizes a marriage
to which a party is a minor.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 5. Section
76-7-108
is enacted to read:
76-7-108
. Fraudulently acting as a parent or guardian for a minor's marriage.
(1)
(a)
As used in this section, "minor" means the same as that term is defined in Section
76-7-103
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits fraudulently acting as a parent or guardian for a minor's marriage if
the actor knowingly:
(a)
impersonates a parent or legal guardian of a minor to obtain a license for the minor to
marry under Section
81-2-304
; or
(b)
forges the name of a parent or legal guardian of a minor on any writing purporting to
give consent to a marriage of a minor under Section
81-2-304
.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 6. Section
76-7-109
is enacted to read:
76-7-109
. Transporting a minor out of state for an illegal marriage.
(1)
(a)
As used in this section, "minor" means the same as that term is defined in Section
76-7-103
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits transporting a minor out of state for an illegal marriage if:
(a)
the actor knowingly transports, or causes another person to transport, a minor who is
a resident of the state out of the state for the purpose of the minor being married to
any individual;
(b)
the marriage described in Subsection
(2)(a)
is invalid in this state under Subsection
81-2-407(3)
; and
(c)
after the marriage described in Subsection
(2)(a)
, the actor transports, or causes
another person to transport, the minor back into the state.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 7. Section
76-7-110
is enacted to read:
76-7-110
. Traveling out of state to marry a minor.
(1)
(a)
As used in this section, "minor" means the same as that term is defined in Section
76-7-103
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits traveling out of state to marry a minor if:
(a)
the actor is 18 years old or older;
(b)
the actor is a resident of the state and knowingly travels out of the state for the
purpose of marrying a minor;
(c)
the actor marries a minor;
(d)
the marriage described in Subsection
(2)(c)
is invalid in this state under Subsection
81-2-407(3)
; and
(e)
after the marriage described in Subsection
(2)
(c)
, the actor transports, or causes
another person to transport, the minor into the state.
(3)
A violation of Subsection
(2)
is a third degree felony.
Section 8. Section
81-2-304
is amended to read:
81-2-304
. Marriage of a minor -- Consent of parent or guardian -- Juvenile court
authorization.
(1)
(a)
If an applicant is a minor at the time of applying for a license, a county clerk may
not issue a marriage license without the signed consent of the minor's parent or legal
guardian given in person to the clerk, except that:
(i)
if the parents of the minor are divorced, consent shall be given by the parent
having legal custody of the minor as evidenced by an oath of affirmation to the
clerk;
(ii)
if the parents of the minor are divorced and have been awarded joint custody of
the minor, consent shall be given by the parent having physical custody of the
minor the majority of the time as evidenced by an oath of affirmation to the clerk;
or
(iii)
if the minor is not in the custody of a parent, the legal guardian shall provide the
consent and provide proof of guardianship by court order as well as an oath of
affirmation.
(b)
Each applicant, and the minor's consenting parent or legal guardian if an applicant is
a minor, shall appear in person before the county clerk and provide legal
documentation to establish the following information:
(i)
the legal relationship between the minor and the minor's parent or legal guardian;
(ii)
the legal name and identity of the minor; and
(iii)
the birth date of each applicant.
(c)
An individual may present the following documents to satisfy a requirement
described in Subsection
(1)(b)
:
(i)
for verifying the legal relationship between the minor and the minor's parent or
legal guardian, one of the following:
(A)
the minor's certified birth certificate with the name of the parent, and an
official translation if the birth certificate is in a language other than English;
(B)
a report of a birth abroad with the name of the minor and the parent;
(C)
a certified adoption decree with the name of the minor and the parent; or
(D)
a certified court order establishing custody or guardianship between the minor
and the parent or legal guardian;
(ii)
for verifying the legal name and identity of the minor, one of the following:
(A)
an expired or current passport;
(B)
a driver's license;
(C)
a certificate of naturalization;
(D)
a military identification
(E)
a state identification card; or
(F)
a government employee identification card from a federal, state, or municipal
government; and
(iii)
for verifying the birth date of each applicant, one of the following for each
applicant:
(A)
a certified birth certificate;
(B)
a report of a birth abroad;
(C)
a certificate of naturalization;
(D)
a certificate of citizenship;
(E)
a passport;
(F)
a driver's license; or
(G)
a state identification card.
(d)
An individual may not use a temporary or altered document to satisfy a requirement
described in Subsection
(1)(b)
.
(2)
(a)
The minor and the parent or legal guardian of the minor shall obtain a written
authorization to marry from:
(i)
a judge of the court exercising juvenile jurisdiction in the county where either
party to the marriage resides; or
(ii)
a court commissioner as permitted by rule of the Judicial Council.
(b)
Before issuing written authorization for a minor to marry, the judge or court
commissioner shall determine:
(i)
that the minor is entering into the marriage voluntarily; and
(ii)
the marriage is in the best interest of the minor under the circumstances.
(c)
The judge or court commissioner shall require that both parties to the marriage
complete premarital counseling, except the requirement for premarital counseling
may be waived if premarital counseling is not reasonably available.
(d)
The judge or court commissioner may require:
(i)
that the minor continue to attend school, unless excused under Section
53G-6-204
;
and
(ii)
any other conditions that the court deems reasonable under the circumstances.
(e)
The judge or court commissioner may not issue a written authorization for a minor to
marry if the age difference between both parties to the marriage is more than four
years.
(f)
The judge or court commissioner may not issue a written authorization for a minor to
marry until at least 72 hours after the time at which the minor and the minor's parent
or legal guardian file the petition for the written authorization.
(3)
(a)
The determination required in Subsection
(2)
shall be made on the record.
(b)
Any inquiry conducted by the judge or commissioner may be conducted in chambers.
(4)
(a)
A parent or legal guardian who knowingly consents or allows a minor to enter
into a marriage prohibited by law is guilty of a third degree felony.
(b)
An individual is guilty of a third degree felony if the individual:
(i)
knowingly, with or without a license, solemnizes the marriage of an individual
who is younger than 18 years old and the marriage is prohibited by law;
(ii)
without a written authorization from the juvenile court, solemnizes a marriage to
which a party is a minor;
(iii)
impersonates a parent or legal guardian of a minor to obtain a license for the
minor to marry; or
(iv)
forges the name of a parent or legal guardian of a minor on any writing
purporting to give consent to a marriage of a minor.
Section 9. Section
81-2-407
is amended to read:
81-2-407
. Validity of a foreign marriage -- Exceptions.
(1)
As used in this section, "minor" means an individual who is younger than 18 years old.
(2)
A marriage solemnized in any other country, state, or territory, if valid where
solemnized, is valid in this state, unless:
(1)
(a)
the marriage would be prohibited and declared void in this state under
Subsection
81-2-403(1)(a)
; or
(2)
(b)
the marriage is between parties who are related to each other within and
including three degrees of consanguinity, except as provided in Subsection
81-2-402(2)
.
(3)
Notwithstanding Subsection
(2)
, a marriage solemnized in any other country, state, or
territory, in which at least one of the parties of the marriage was a minor at the time of
the marriage solemnization, is invalid in this state unless:
(a)
the minor was 16 or 17 years old at the time of the marriage solemnization;
(b)
the age difference between both parties to the marriage is not more than four years;
(c)
the minor obtained consent from a parent or guardian to enter the marriage;
(d)
the minor voluntarily entered the marriage; and
(e)
before the parties entered the marriage, a court provided written authorization for the
marriage.
Section 10.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 3:23 PM