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Title 76 Utah Criminal Code
76-7-102. Incest.
(1) A person is guilty of incest when, under
circumstances not amounting to rape, rape of a child or aggravated sexual
assault, he has sexual intercourse with a person whom he knows to be an
ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first
cousin. The relationships referred to herein include blood relationships of the
whole or half blood without regard to legitimacy, relationship of parent and
child by adoption, and relationship of stepparent and stepchild while the
marriage creating the relationship of a stepparent and stepchild exists.
(2) Incest is a felony of the third degree.
Enacted by Chapter 196, 1973 General Session
Title 76
Chapter 05
Offenses Against the Person
76-5-401. Unlawful sexual activity with a minor -- Elements -- Penalties --
Evidence of age raised by defendant.
(1) For purposes of this section "minor" is a
person who is 14 years of age or older, but younger than 16 years of age, at
the time the sexual activity described in this section occurred.
(2) A person commits unlawful sexual activity with a
minor if, under circumstances not amounting to rape, in violation of Section
76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in
violation of Section 76-5-403, or aggravated sexual assault, in violation of
Section 76-5-405, the actor:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving
the genitals of one person and the mouth or anus of another person, regardless
of the sex of either participant; or
(c) causes the penetration, however slight, of the
genital or anal opening of the minor by any foreign object, substance,
instrument, or device, including a part of the human body, with the intent to cause
substantial emotional or bodily pain to any person or with the intent to arouse
or gratify the sexual desire of any person, regardless of the sex of any
participant.
(3) A violation of Subsection (2) is a third degree
felony unless the defendant establishes by a preponderance of the evidence the
mitigating factor that the defendant is less than four years older than the
minor at the time the sexual activity occurred, in which case it is a class B
misdemeanor.
Repealed and Re-enacted by Chapter 82, 1998 General Session
76-5-401.1. Sexual abuse of a minor.
(1) For purposes of this section "minor" is a
person who is 14 years of age or older, but younger than 16 years of age, at
the time the sexual activity described in this section occurred.
(2) A person commits sexual abuse of a minor if the
person is seven years or more older than the minor and, under circumstances not
amounting to rape, in violation of Section 76-5-402,
object rape, in violation of Section 76-5-402.2,
forcible sodomy, in violation of Section 76-5-403,
aggravated sexual assault, in violation of Section 76-5-405, unlawful sexual activity with a minor, in violation of
Section 76-5-401, or an attempt to
commit any of those offenses, the person touches the anus, buttocks, or any
part of the genitals of the minor, or touches the breast of a female minor, or
otherwise takes indecent liberties with the minor, or causes a minor to take
indecent liberties with the actor or another person, with the intent to cause
substantial emotional or bodily pain to any person or with the intent to arouse
or gratify the sexual desire of any person regardless of the sex of any
participant.
(3) A violation of this section is a class A
misdemeanor.
Enacted by Chapter 82, 1998 General Session
76-5-401.2. Unlawful sexual conduct with a 16 or 17 year old.
(1) For purposes of this section "minor"
means a person who is 16 years of age or older, but younger than 18 years of
age, at the time the sexual conduct described in this section occurred.
(2) A person commits unlawful sexual conduct with a
minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of
Section 76-5-402.2, forcible sodomy,
in violation of Section 76-5-403, or
aggravated sexual assault, in violation of Section 76-5-405, the actor who is ten or more years older than the minor
at the time of the sexual conduct:
(a) has sexual intercourse with the minor;
(b) engages in any sexual act with the minor involving
the genitals of one person and the mouth or anus of another person, regardless
of the sex of either participant; or
(c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object, substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.
(3) A violation of Subsection (2) is a third degree
felony.
Enacted by Chapter 183, 1998 General Session
76-5-402. Rape
(1) A person commits rape when the actor has sexual
intercourse with another person without the victim's consent.
(2) This section applies whether or not the actor is
married to the victim.
(3) Rape is a felony of the first degree.
Amended by Chapter 267, 1991 General Session
76-5-402.1. Rape of a child
(1) A person commits rape of a child when the person has
sexual intercourse with a child who is under the age of 14.
(2) Rape of a child is a first-degree felony punishable
by imprisonment for an indeterminate term of not less than 6, 10, or 15 years
and which may be for life.
Imprisonment is mandatory in accordance with Section 76-3-406.
Amended by Chapter 40, 1996 General Session
76-5-402.3. Object rape of a child - Penalty.
(1) A person commits object rape of a child when the
person causes the penetration or touching, however slight, of the genital or anal
opening of a child who is under the age of 14 by any foreign object, substance,
instrument, or device, not including a part of the human body, with intent to
cause substantial emotional or bodily pain to the child or with the intent to
arouse or gratify the sexual desire of any person.
(2) (a) Object rape of a child is a first degree felony
punishable by imprisonment for an indeterminate term of not less than 6, 10, or
15 years and which may be for life.
(b) Imprisonment is mandatory in accordance with Section
76-3-406.
Amended by Chapter 128, 2000 General Session
76-5-403. Sodomy -- Forcible sodomy.
(1) A person commits sodomy when the actor engages in any
sexual act with a person who is 14 years of age or older involving the genitals
of one person and mouth or anus of another person, regardless of the sex of
either participant.
(2) A person commits forcible sodomy when the actor
commits sodomy upon another without the other's consent.
(3) Sodomy is a class B misdemeanor. Forcible sodomy is
a felony of the first degree.
Amended by Chapter 88, 1983 General Session
76-5-403.1. Sodomy on a child.
(1) A person commits sodomy upon a child if the actor
engages in any sexual act upon or with a child who is under the age of 14,
involving the genitals or anus of the actor or the child and the mouth or anus
of either person, regardless of the sex of either participant.
(2) Sodomy upon a child is a first degree felony
punishable by imprisonment for an indeterminate term of not less than 6, 10, or
15 years and which may be for life. Imprisonment is mandatory in accordance
with Section 76-3-406.
Amended by Chapter 40, 1996 General Session
76-5-404. Forcible sexual abuse.
(1) A person commits forcible sexual abuse if the
victim is 14 years of age or older and, under circumstances not amounting to
rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the
anus, buttocks, or any part of the genitals of another, or touches the breast
of a female, or otherwise takes indecent liberties with another, or causes
another to take indecent liberties with the actor or another, with intent to
cause substantial emotional or bodily pain to any person or with the intent to
arouse or gratify the sexual desire of any person, without the consent of the
other, regardless of the sex of any participant.
(2) Forcible sexual abuse is a felony of the second
degree.
Amended by Chapter 18, 1984 General Session
76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
(1) As used in this section,
"child" means a person under the age of 14.
(2) A person commits sexual abuse of a child if, under circumstances not
amounting to rape of a child, object rape of a child, sodomy upon a child, or
an attempt to commit any of these offenses, the actor touches the anus,
buttocks, or genitalia of any child, the breast of a female child, or otherwise
takes indecent liberties with a child, or causes a child to take indecent
liberties with the actor or another with intent to cause substantial emotional
or bodily pain to any person or with the intent to arouse or gratify the sexual
desire of any person regardless of the sex of any participant.
(3) Sexual abuse of a child is punishable as a second degree felony.
(4) A person commits aggravated sexual abuse of a child when in
conjunction with the offense described in Subsection (2) any of the following
circumstances have been charged and admitted or found true in the action for
the offense:
(a) the offense was committed by the use of a dangerous weapon as
defined in Section 76-1-601, or by
force, duress, violence, intimidation, coercion, menace, or threat of harm, or
was committed during the course of a kidnapping;
(b) the accused caused bodily injury or severe psychological injury to
the victim during or as a result of the offense;
(c) the accused was a stranger to the victim or made friends with the
victim for the purpose of committing the offense;
(d) the accused used, showed, or displayed pornography or caused the
victim to be photographed in a lewd condition during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously
convicted of any felony, or of a misdemeanor involving a sexual offense;
(f) the accused committed the same or similar sexual act upon two or
more victims at the same time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere, more than five separate
acts, which if committed in Utah would constitute an offense described in this
chapter, and were committed at the same time, or during the same course of
conduct, or before or after the instant offense;
(h) the offense was committed by a person who occupied a position of
special trust in relation to the victim; "position of special trust"
means that position occupied by a person in a position of authority, who, by
reason of that position is able to exercise undue influence over the victim,
and includes, but is not limited to, a youth leader or recreational leader who
is an adult, adult athletic manager, adult coach, teacher, counselor, religious
leader, doctor, employer, foster parent, baby-sitter, adult scout leader,
natural parent, stepparent, adoptive parent, legal guardian, grandparent, aunt,
uncle, or adult cohabitant of a parent;
(i) the accused encouraged, aided, allowed, or benefited from acts of
prostitution or sexual acts by the victim with any other person, or sexual
performance by the victim before any other person; or
(j) the accused caused the penetration, however slight, of the genital
or anal opening of the child by any part or parts of the human body other than
the genitals or mouth.
(5) Aggravated sexual abuse of a child is a first degree felony
punishable by imprisonment for an indeterminate term of not less than five
years and which may be for life. Imprisonment is mandatory in accordance with
Section 76-3-406.
Amended by Chapter 149, 2003 General Session
76-5-405. Aggravated sexual assault -- Penalty.
Last Update 09-Aug-02
(1) A person commits aggravated sexual assault if in the course of a rape or attempted rape, object rape or attempted object rape, forcible sodomy or attempted forcible sodomy, or forcible sexual abuse or attempted forcible sexual abuse the actor:
(a) causes bodily injury to the victim;
(b) uses or threatens the victim with use of a
dangerous weapon as defined in Section 76-1-601;
(c) compels, or attempts to compel, the victim to
submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by
threat of kidnapping, death, or serious bodily injury to be inflicted
imminently on any person; or
(d) is aided or abetted by one or more persons.
(2) Aggravated sexual assault is a first-degree felony
punishable by imprisonment for an indeterminate term of not less than 6, 10, or
15 years and which may
be for life. Imprisonment is mandatory in accordance with Section 76-3-406.
Amended by Chapter 289, 1997 General Session
76-5-406. Sexual offenses against the victim without consent of victim --
Circumstances.
Last Update 28-Apr-03
An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child,
attempted object rape of a child, sodomy, attempted sodomy, forcible
sodomy, attempted forcible sodomy, sodomy upon a child, attempted sodomy upon a
child, forcible sexual abuse, attempted forcible sexual abuse, sexual
abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of
a child,
attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:
(1) the victim expresses lack of consent through words
or conduct;
(2) the actor overcomes the victim through the actual
application of physical force or violence;
(3) the actor is able to overcome the victim through
concealment or by the element of surprise;
(4) (a) (i) the actor coerces the victim to submit by
threatening to retaliate in the immediate future against the victim or any
other person, and the victim
perceives at the time that the actor has the ability to execute this
threat; or
(ii) the actor coerces the victim to submit by
threatening to retaliate in the future against the victim or any other person,
and the victim believes at the time that the actor has the ability to execute
this threat;
(b) as used in this Subsection (4) "to
retaliate" includes but is not limited to threats of physical force,
kidnapping, or extortion;
(5) the victim has not consented and the actor knows
the victim is unconscious, unaware that the act is occurring, or physically
unable to resist;
(6) the actor knows that as a result of mental disease
or defect, the victim is at the time of the act incapable either of appraising
the nature of the act or of resisting it;
(7) the actor knows that the victim submits or
participates because the victim erroneously believes that the actor is the
victim's spouse;
(8) the actor intentionally impaired the power of the
victim to appraise or control his or her conduct by administering any substance
without the victim's
knowledge;
(9) the victim is younger than 14 years of age;
(10) the victim is younger than 18 years of age and at
the time of the offense the actor was the victim's parent, stepparent, adoptive
parent, or legal guardian
or occupied a position of special trust in relation to the victim as
defined in Subsection 76-5-404.1(4)(h);
(11) the victim is 14 years of age or older, but younger
than 18 years of age, and the actor is more than three years older than the
victim and entices or
coerces the victim to submit or participate, under circumstances not
amounting to the force or threat required under Subsection (2) or (4); or
(12) the actor is a health professional or religious
counselor, as those terms are defined in this Subsection (12), the act is
committed under the guise of
providing professional diagnosis, counseling, or treatment, and at the
time of the act the victim reasonably believed that the act was for medically
or
professionally appropriate diagnosis, counseling, or treatment to the
extent that resistance by the victim could not reasonably be expected to have
been
manifested. For purposes of this Subsection (12):
(a) "health professional" means an individual
who is licensed or who holds himself out to be licensed, or who otherwise
provides professional physical or
mental health services, diagnosis, treatment, or counseling including,
but not limited to, a physician, osteopathic physician, nurse, dentist,
physical therapist,
chiropractor, mental health therapist, social service worker, clinical
social worker, certified social worker, marriage and family therapist,
professional
counselor, psychiatrist, psychologist, psychiatric mental health nurse
specialist, or substance abuse counselor; and
(b) "religious counselor" means a minister,
priest, rabbi, bishop, or other recognized member of the clergy.
Amended by Chapter 149, 2003 General Session
Title
76
Chapter
01
General
Provisions
Last Update 09-Aug-02
76-1-301. Offenses for which prosecution may be commenced at any time.
A prosecution for a capital felony, aggravated murder, murder,
manslaughter, child abuse homicide which is a second degree felony, aggravated
kidnapping, or child kidnapping may be commenced at any time.
Amended by Chapter 208, 2002 General Session
76-1-302. Time limitations for prosecution of offenses - Provisions if DNA
evidence would identify the defendant - Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced
within four years after it is committed;
(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) A prosecution for the offenses listed in
Subsections 76-3-203.5(1)(c)(i)(A)
through (P) 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.
(b) Subsection (2)(a) does not apply if the statute of
limitations on a crime 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) and identification of a perpetrator is made
through DNA, a prosecution
shall be commenced within one year of the discovery of the identity of
the perpetrator.
(4) A prosecution is commenced upon the finding and
filing of an indictment by a grand jury or upon the filing of a complaint or
information.
Amended by Chapter 61, 2003 General Session
76-1-303.5. Sexual offense against a child.
If the period prescribed in Subsection 76-1-302(1) has expired, a
prosecution may nevertheless be commenced for rape of a child, object rape of a
child, sodomy upon a child, sexual abuse of a child, or aggravated sexual abuse
of a child within four years after the report of the offense to a law
enforcement agency.
Amended by Chapter 137, 1996 General Session
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Revised
10/04