76-5-402.2. Object rape — Penalties.
| (1) |
Terms defined in Section 76-1-101.5 apply to this section. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 |
For details, see
Utah Code § 76-3-203
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Terms Used In Utah Code 76-5-402.2
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-101.5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grievous sexual offense: means :Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
| (2) |
An actor commits object rape if:
| (a) |
the actor:
| (i) |
acts without an individual’s consent; |
| (ii) |
causes the penetration, however slight, of the genital or anal opening of the individual by:
| (E) |
a part of the human body other than the mouth or genitals; and |
|
| (iii) |
| (A) |
intends to cause substantial emotional or bodily pain to the individual; or |
| (B) |
intends to arouse or gratify the sexual desire of any individual; and |
|
|
| (b) |
the individual described in Subsection (2)(a)(i) is 14 years old or older. |
|
| (3) |
A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:
| (a) |
except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life; |
| (b) |
except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that:
| (i) |
during the course of the commission of the object rape the defendant caused serious bodily injury to the victim; or |
| (ii) |
at the time of the commission of the object rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or |
|
| (c) |
life without parole, if the trier of fact finds that at the time of the commission of the object rape, the defendant was previously convicted of a grievous sexual offense. |
|
| (4) |
If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
| (a) |
10 years and which may be for life; or |
| (b) |
six years and which may be for life. |
|
| (5) |
The provisions of Subsection (4) do not apply if a defendant is sentenced under Subsection (3)(a) or (c). |
| (6) |
Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406. |
Amended by Chapter 181, 2022 General Session
