76-5-402. Rape — Penalties.
| (1) |
Terms defined in Section 76-1-101.5 apply to this section. |
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Terms Used In Utah Code 76-5-402
- 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) |
| (a) |
An actor commits rape if the actor has sexual intercourse with another individual without the individual’s consent. |
| (b) |
Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). |
| (c) |
This section applies whether or not the actor is married to the individual. |
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| (3) |
A violation of Subsection (2) is a felony of the first degree, 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 rape the defendant caused serious bodily injury to the victim; or |
| (ii) |
at the time of the commission of the 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 rape the defendant was previously convicted of a grievous sexual offense. |
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| (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 when 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
