(2) In any prosecution for:

1. (a) the following offenses, any sexual penetration, however slight, is sufficient to constitute the relevant element of the offense:

   1. (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving sexual intercourse;
   2. (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving sexual intercourse; or
   3. (iii) rape, a violation of Section 76-5-402; or

2. (b) the following offenses, any touching, however slight, is sufficient to constitute the relevant element of the offense:

   1. (i) unlawful sexual activity with a minor, a violation of Section 76-5-401, involving acts of sodomy;
   2. (ii) unlawful sexual conduct with a 16 or 17 year old, a violation of Section 76-5-401.2, involving acts of sodomy;
   3. (iii) forcible sodomy, a violation of Subsection 76-5-403(2);
   4. (iv) rape of a child, a violation of Section 76-5-402.1; or
   5. (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:

1. (a) sodomy on a child, a violation of Section 76-5-403.1;
2. (b) sexual abuse of a child or aggravated sexual abuse of a child, a violation of Section 76-5-404.1;
3. (c) sexual abuse of a minor, a violation of Section 76-5-401.1;
4. (d) unlawful sexual conduct with a 16- or 17-year-old, a violation of Section 76-5-401.2;
5. (e) forcible sexual abuse, a violation of Section 76-5-404;
6. (f) custodial sexual relations, a violation of Section 76-5-412; or
7. (g) custodial sexual relations or misconduct with youth receiving state services, a violation of Section 76-5-413.