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.

Terms Used In Utah Code 76-5-402.3

  • 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.
  • Person: means :Utah Code 48-2e-1156
(2)  Object rape of a child is a first degree felony punishable by a term of imprisonment of:

(a)  except as provided in Subsections (2)(b) and (4), not less than 25 years and which may be for life; or

(b)  life without parole, if the trier of fact finds that:

(i)  during the course of the commission of the object rape of a child the defendant caused serious bodily injury to another; or

(ii)  at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.

(3)  Subsection (2)(b) does not apply if the defendant was younger than 18 years of age at the time of the offense.

(4) 

(a)  When imposing a sentence under Subsection (2)(a) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:

(i)  it is a first time offense for the defendant under this section;

(ii)  the defendant was younger than 21 years of age at the time of the offense; and

(iii)  the court finds that a lesser term than the term described in Subsection (2)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.

(b)  If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than:

(i)  15 years and which may be for life;

(ii)  10 years and which may be for life; or

(iii)  six years and which may be for life.

(5)  Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Amended by Chapter 290, 2017 General Session