(1)  A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.

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 76-1-601
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Utah Code 76-1-601
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Grievous sexual offense: means :
(a) rape, Section 76-5-402;
(b) rape of a child, Section 76-5-402. See Utah Code 76-1-601
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-601
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-601
  • (2)  This section applies whether or not the actor is married to the victim.

    (3)  Rape 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 another; or

    (ii)  at the time of the commission of the rape, the defendant was younger than 18 years of age 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.

    (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 person 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 81, 2013 General Session