Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
(1) As used in 45-5-503, the term "without
consent" means:
(a) the victim is compelled
to submit by force against the victim or another; or
(b) the victim is incapable
of consent because the victim is:
(i) mentally defective or
incapacitated;
(ii) physically helpless;
(iii) overcome by deception,
coercion, or surprise;
(iv) less than 16 years old;
or
(v) incarcerated in an adult
or juvenile correctional, detention, or treatment facility and the perpetrator
is an employee, contractor, or volunteer of the facility
and has supervisory or disciplinary authority over the
victim, unless the act is part of a lawful search.
(2) As used in subsection
(1), the term "force" means:
(a) the infliction, attempted
infliction, or threatened infliction of bodily injury or the commission of a
forcible felony by the offender; or
(b) the threat of substantial
retaliatory action that causes the victim to reasonably believe that the
offender has the ability to execute the threat.
(1) A person who knowingly subjects another person to any
sexual contact without consent commits the offense of sexual assault.
(2) A person convicted of sexual assault shall be fined not
to exceed $500 or be imprisoned in the county jail for a term not to exceed 6
months, or both.
(3) If the victim is less than 16 years old and the
offender is 3 or more years older than the victim or if the offender inflicts
bodily injury upon anyone in the course of committing sexual assault, the
offender shall be punished by life imprisonment or by imprisonment in the state
prison for a term of not less than 4 years, unless the judge makes a written
finding that there is good cause to impose a term of less than 4 years and
imposes a term of less than 4 years, or more than 100 years and may be fined
not more than $50,000.
(4) An act "in the course of committing sexual assault"
includes an attempt to commit the offense or flight after the attempt or
commission.
(5) Consent is ineffective under this section if:
(a) the victim is incarcerated in an adult or juvenile
correctional, detention, or treatment facility and the perpetrator is an
employee, contractor, or volunteer of the facility and has supervisory or
disciplinary authority over the victim, unless the act is part of a lawful
search; or
(b) the victim is less than 14 years old and the offender
is 3 or more years older than the victim.
(1) A person who knowingly has sexual intercourse without
consent with another person commits the offense of sexual intercourse without
consent. A person may not be convicted under this section based on the age of
the person's spouse, as provided in 45-5-501(1)(b)(iv).
(2) A person convicted of sexual intercourse without
consent shall be punished by life imprisonment or by imprisonment in the state
prison for a term of not less than 2 years or more than 100 years and may be
fined not more than $50,000, except as provided in 46-18-219 and 46-18-222.
(3) (a) If the victim is less than 16 years old and the
offender is 3 or more years older than the victim or if the offender inflicts
bodily injury upon anyone in the course of committing sexual intercourse
without consent, the offender shall be punished by life imprisonment or by
imprisonment in the state prison for a term of not less than 4 years or more
than 100 years and may be fined not more than $50,000, except as provided in
46-18-219 and 46-18-222.
(b) If two or more persons are convicted of sexual
intercourse without consent with the same victim in an incident in which each
offender was present at the location where another offender's offense occurred
during a time period in which each offender could have reasonably known of the
other's offense, each offender shall be punished by life imprisonment or by
imprisonment in the state prison for a term of not less than 5 years or more
than 100 years and may be fined not more than 50,000, except as provided in
46-18-219 and 46-18-222.
(c) If the offender was previously convicted of an offense
under this section or of an offense under the laws of another state or of the
United States that if committed in this state would be an offense under this
section and if the offender inflicted serious bodily injury upon a person in
the course of committing each offense, the offender shall be:
(i) punished by death as
provided in 46-18-301 through 46-18-310, unless the offender is less than 18
years of age at the time of the commission of the offense; or
(ii) punished as provided in
46-18-219.
(d) If the victim was incarcerated in an adult or juvenile
correctional, detention, or treatment facility at the time of the offense and
the offender had supervisory or disciplinary authority over the victim, the
offender shall be punished by imprisonment in the state prison for a term of
not more than 5 years or fined an amount not to exceed $50,000, or both.
(4) In addition to any sentence imposed under subsection
(2) or (3), after determining the financial resources and future ability of the
offender to pay restitution as required by 46-18-242, the court shall require
the offender, if able, to pay the victim's reasonable medical and counseling
costs that result from the offense. The amount, method, and time of payment
must be determined in the same manner as provided for in 46-18-244.
(5) As used in subsection (3), an act "in the course
of committing sexual intercourse without consent" includes an attempt to
commit the offense or flight after the attempt or commission.
(1) A person commits the offense of indecent exposure if
the person knowingly or purposely exposes the person's genitals under
circumstances in which the person knows the conduct is likely to cause affront
or alarm in order to:
(a) abuse, humiliate, harass, or degrade another; or
(b) arouse or gratify the person's own sexual response or
desire or the sexual response or desire of any person.
(2) (a) A person convicted of the offense of indecent
exposure shall be fined an amount not to exceed $500 or be imprisoned in the
county jail for a term of not more than 6 months, or both.
(b) On a second conviction, the person shall be fined an
amount not to exceed $1,000 or be imprisoned in the county jail for a term of
not more than 1 year, or both.
(c) On a third or subsequent conviction, the person shall
be punished by life imprisonment or by imprisonment in a state prison for a
term of not less than 5 years or more than 100 years and may be fined not more
than $10,000
(1) A person who knowingly engages in deviate sexual
relations or who causes another to engage in deviate sexual relations commits
the offense of deviate sexual conduct.
(2) A person convicted of the offense of deviate sexual
conduct shall be imprisoned in the state prison for any term not to exceed 10
years or be fined an amount not to exceed $50,000, or both.
(3) The fact that a person seeks testing or receives
treatment for the HIV-related virus or another sexually transmitted disease may
not be used as a basis for a prosecution under this section and is not
admissible in evidence in a prosecution under this section.
(1) A person commits the offense of incest if the person
knowingly marries, cohabits with, has sexual intercourse with, or has sexual
contact, as defined in 45-2-101, with an ancestor, a descendant, a brother or
sister of the whole or half blood, or any stepson or stepdaughter. The
relationships referred to in this subsection include blood relationships
without regard to legitimacy, relationships of parent and child by adoption,
and relationships involving a stepson or stepdaughter.
(2) Consent is a defense under this section to incest with
or upon a stepson or stepdaughter, but consent is ineffective if the victim is
less than 18 years old.
(3) A person convicted of incest shall be punished by life
imprisonment or by imprisonment in the state prison for a term not to exceed
100 years or be fined an amount not to exceed $50,000.
(4) If the victim is under 16 years of age and the offender
is 3 or more years older than the victim or if the offender inflicts bodily
injury upon anyone in the course of committing incest, the offender shall be
punished by life imprisonment or by imprisonment in the state prison for a term
of not less than 4 years or more than 100 years and may be fined not more than
$50,000.
(5) In addition to any sentence imposed under subsection
(3) or (4), after determining the financial resources and future ability of the
offender to pay restitution as required by 46-18-242, the court shall require
the offender, if able, to pay the victim's reasonable costs of counseling that
result from the offense. The amount, method, and time of payment must be
determined in the same manner as provided for in 46-18-244.
(1) A parent, guardian, or other person supervising the
welfare of a child less than 18 years old commits the offense of endangering
the welfare of children if the parent, guardian, or other person knowingly
endangers the child's welfare by violating a duty of care, protection, or
support.
(2) Except as provided in 16-6-305,
a parent or guardian or any person who is 18 years of age or older, whether or
not the parent, guardian, or other person is supervising the welfare of the
child, commits the offense of endangering the welfare of children if the
parent, guardian, or other person knowingly contributes to the delinquency of a
child less than:
(a) 18 years old by:
(i) supplying or
encouraging the use of an intoxicating substance by the child; or
(ii) assisting,
promoting, or encouraging the child to enter a place of prostitution; or
(b) 16 years old by
assisting, promoting, or encouraging the child to:
(i) abandon the
child's place of residence without the consent of the child's parents or
guardian; or
(ii) engage in sexual
conduct.
(3) A parent,
guardian, or other person supervising the welfare of a child less than 16 years
of age may verbally or in writing request a person who is 18 years of age or
older and who has no legal right of supervision or control over the child to
stop contacting the child if the requestor believes that the contact is not in
the child's best interests. If the person continues to contact the child, the
parent, guardian, or other person supervising the welfare of the child may
petition or the county attorney may upon the person's request petition for an
order of protection under Title 40, chapter 15. To the extent that they are
consistent with this subsection, the provisions of Title 40, chapter 15, apply.
A person who purposely or knowingly violates an order of protection commits the
offense of endangering the welfare of children and upon conviction shall be
sentenced as provided in subsection (4).
(4) A person convicted
of endangering the welfare of children shall be fined an amount not to exceed
$500 or be imprisoned in the county jail for any term not to exceed 6 months,
or both. A person convicted of a second offense of endangering the welfare of
children shall be fined an amount not to exceed $1,000 or be imprisoned in the
county jail for any term not to exceed 6 months, or both.
(5) On the issue of
whether there has been a violation of the duty of care, protection, and
support, the following, in addition to all other admissible evidence, is
admissible: cruel treatment; abuse; infliction of unnecessary and cruel
punishment; abandonment; neglect; lack of proper medical care, clothing,
shelter, and food; and evidence of past bodily injury.
(6) The court may
order, in its discretion, any fine levied or any bond forfeited upon a charge
of endangering the welfare of children paid to or for the benefit of the person
or persons whose welfare the defendant has endangered.
(1) A person commits
the offense of sexual abuse of children if the person:
(a)
knowingly employs, uses, or permits the employment or use of a child in an
exhibition of sexual conduct, actual or simulated;
(b)
knowingly photographs, films, videotapes, develops or duplicates the
photographs, films, or videotapes, or records a child engaging in sexual
conduct, actual or simulated;
(c)
knowingly, by any means of communication, including electronic communication as
defined in 45-8-213, persuades, entices, counsels, or procures a child under 16
years of age or a person the offender believes to be a child under 16 years of
age to engage in sexual conduct, actual or simulated;
(d)
knowingly processes, develops, prints, publishes, transports, distributes,
sells, exhibits, or advertises any visual or print medium, including a medium
by use of electronic communication, as defined in 45-8-213, in which a child is
engaged in sexual conduct, actual or simulated;
(e)
knowingly possesses any visual or print medium, including a medium by use of
electronic communication, as defined in 45-8-213, in which a child is engaged
in sexual conduct, actual or simulated;
(f)
finances any of the activities described in subsections (1)(a) through (1)(d)
and (1)(g), knowing that the activity is of the nature described in those
subsections; or
(g)
possesses with intent to sell any visual or print medium, including a medium by
use of electronic communication, as defined in 45-8-213, in which a child is
engaged in sexual conduct, actual or simulated.
(2) (a) A person
convicted of the offense of sexual abuse of children shall be punished by life
imprisonment or by imprisonment in the state prison for a term not to exceed
100 years and may be fined not more than $10,000.
(b)
Except as provided in 46-18-219, if the victim is under 16 years of age, a
person convicted of the offense of sexual abuse of children shall be punished
by life imprisonment or by imprisonment in the state prison for a term of not
less than 4 years or more than 100 years and may be fined not more than
$10,000.
(c)
Except as provided in 46-18-219, a person convicted of the offense of sexual
abuse of children for the possession of material, as provided in subsection
(1)(e), shall be fined not to exceed $10,000 or be imprisoned in the state
prison for a term not to exceed 10 years, or both.
(3) An offense is not
committed under subsections (1)(d) through (1)(g) if the visual or print medium
is processed, developed, printed, published, transported, distributed, sold,
possessed, or possessed with intent to sell, or if the activity is financed, as
part of a sex offender information or treatment course or program conducted or
approved by the department of corrections.
(1) A person commits
the offense of ritual abuse of a minor if the person purposely or knowingly and
as part of any ceremony, rite, or ritual or of any training or practice for any
ceremony, rite, or ritual:
(a)
has sexual intercourse without consent with a person less than 16 years of age;
commits assault, aggravated assault, assault on a minor, or assault with a
weapon against a victim less than 16 years of age; or kills a person less than
16 years of age;
(b)
actually or by simulation tortures, mutilates, or sacrifices an animal or
person in the presence of the minor;
(c)
dissects, mutilates, or incinerates a human corpse or remains in the presence
of the minor;
(d)
forces upon the minor or upon another person in the presence of a minor the
ingestion or the external bodily application of human or animal urine, feces,
flesh, blood, bone, or bodily secretions or drugs or chemical compounds;
(e)
places a living minor or another living person in the presence of a minor in a
coffin or open grave that is empty or that contains a human corpse or remains;
or
(f)
threatens the minor or, in the presence of the minor, threatens any person or
animal with death or serious bodily harm and the minor reasonably believes that
the threat will or may be carried out.
(2) This section does
not apply to activities, practices, and procedures otherwise allowed by law.
(3) Except as provided
in 46-18-219, a person convicted of ritual abuse of a minor shall:
(a)
for the first offense, be imprisoned in the state prison for a term of not less
than 2 years or more than 20 years and may be fined not more than $50,000, or
both; and
(b)
for a second or subsequent offense, be imprisoned in the state prison for any
term of not less than 2 years or more than 40 years and may be fined not more
than $50,000, or both.
(4) In addition to any
sentence imposed under subsection (3), after determining pursuant to 46-18-242
the financial resources and future ability of the offender to pay restitution,
the court shall require the offender, if able, to pay the victim's reasonable
costs of counseling that result from the offense. The amount, method, and time
of payment must be determined in the same manner as provided for in 46-18-244.
(1) A person commits
the offense of intimidation when, with the purpose to cause another to perform
or to omit the performance of any act, he communicates to another, under
circumstances which reasonably tend to produce a fear that it will be carried
out, a threat to perform without lawful authority any of the following acts:
(a)
inflict physical harm on the person threatened or any other person;
(b)
subject any person to physical confinement or restraint; or
(c)
commit any felony.
(2) A person commits
the offense of intimidation if he knowingly communicates a threat or false
report of a pending fire, explosion, or disaster which would endanger life or
property.
(3) A person convicted
of the offense of intimidation shall be imprisoned in the state prison for any
term not to exceed 10 years or be fined an amount not to exceed $50,000, or
both.
(1) (a) A prosecution for deliberate, mitigated, or
negligent homicide may be commenced at any time.
(b) A prosecution for a felony offense under 45-5-502,
45-5-503, or 45-5-507(4) may be commenced within 10 years after it is
committed, except that it may be commenced within 10 years after the victim
reaches 18 years of age if the victim was less than 18 years of age at the time
that the offense occurred. A prosecution for a misdemeanor offense under those
provisions may be commenced within 1 year after the offense is committed,
except that it may be commenced within 5 years after the victim reaches 18
years of age if the victim was less than 18 years of age at the time that the
offense occurred.
(c) A prosecution under 45-5-504, 45-5-505, 45-5-507(1),
(2), (3), or (5), 45-5-625, or 45-5-627 may be commenced within 5 years after
the victim reaches
18 years of age if the victim was less than 18 years of age
at the time that the offense occurred.
(2) Except as provided in subsection (7)(b) or as otherwise
provided by law, prosecutions for other offenses are subject to the following
periods of limitation:
(a) A prosecution for a felony must be commenced within 5
years after it is committed.
(b) A prosecution for a misdemeanor must be commenced
within 1 year after it is committed.
(3) The periods prescribed in subsection (2) are extended
in a prosecution for theft involving a breach of fiduciary obligation to an
aggrieved person as follows:
(a) if the aggrieved person is a minor or incompetent,
during the minority or incompetency or within 1 year after the termination of
the minority or incompetency;
(b) in any other instance, within 1 year after the
discovery of the offense by the aggrieved person or by a person who has legal
capacity to represent an aggrieved person or has a legal duty to report the
offense and is not personally a party to the offense or, in the absence of
discovery, within 1 year after the prosecuting officer becomes aware of the
offense.
(4) The period prescribed in subsection (2) must be
extended in a prosecution for unlawful use of a computer, and prosecution must
be brought within 1 year after the discovery of the offense by the aggrieved
person or by a person who has legal capacity to represent an aggrieved person
or has a legal duty to report the offense and is not personally a party to the
offense or, in the absence of discovery, within 1 year after the prosecuting
officer becomes aware of the offense.
(5) The period prescribed in subsection (2) is extended in
a prosecution for misdemeanor fish and wildlife violations under Title 87, and
prosecution must be brought within 3 years after an offense is committed.
(6) The period prescribed in subsection (2)(b) is extended
in a prosecution for misdemeanor violations of the laws regulating the
activities of outfitters and guides under
Title 37, chapter 47, and prosecution must be brought
within 3 years after an offense is committed.
(7) (a) An offense is committed either when every element
occurs or, when the offense is based upon a continuing course of conduct, at
the time when the course of conduct is terminated. Time starts to run on the
day after the offense is committed.
(b) A prosecution for theft under 45-6-301 may be commenced
at any time during the 5 years following the date of the theft, whether or not
the offender is in possession of or otherwise exerting unauthorized control
over the property at the time the prosecution is commenced. After the 5-year
period ends, a prosecution may be commenced at any time if the offender is
still in possession of or otherwise exerting unauthorized control over the
property, except that the prosecution must be commenced within 1 year after the
investigating officer discovers that the offender still possesses or is
otherwise exerting unauthorized control over the property.
(8) A prosecution is commenced either when an indictment is
found or an information or complaint is filed.
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Revised 06/06