76-5-404.3.  Aggravated sexual abuse of a child — Penalties.

(1) 

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
For details, see Utah Code § 76-3-203
criminal case

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Terms Used In Utah Code 76-5-404.3

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • 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
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Dangerous weapon: means :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
  • Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
(a)  As used in this section:

(i)  “Adult” means the same as that term is defined in Section 76-5-404.1.

(ii)  “Child” means the same as that term is defined in Section 76-5-404.1.

(iii)  “Position of special trust” means the same as that term is defined in Section 76-5-404.1.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2) 

(a)  An actor commits aggravated sexual abuse of a child if, in conjunction with the offense described in Subsection 76-5-404.1(2)(a), any of the following circumstances have been charged and admitted or found true in the action for the offense:

(i)  the actor committed the offense:

(A)  by the use of a dangerous weapon;

(B)  by force, duress, violence, intimidation, coercion, menace, or threat of harm; or

(C)  during the course of a kidnaping;

(ii)  the actor caused bodily injury or severe psychological injury to the child during or as a result of the offense;

(iii)  the actor was a stranger to the child or made friends with the child for the purpose of committing the offense;

(iv)  the actor used, showed, or displayed pornography or caused the child to be photographed in a lewd condition during the course of the offense;

(v)  the actor, prior to sentencing for this offense, was previously convicted of any sexual offense;

(vi)  the actor committed the same or similar sexual act upon two or more individuals at the same time or during the same course of conduct;

(vii)  the actor 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;

(viii)  the actor occupied a position of special trust in relation to the child;

(ix)  the actor encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the child with any other individual, sexual performance by the child before any other individual, human trafficking, or human smuggling; or

(x)  the actor 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.

(b)  Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).

(3)  Except as provided in Subsection (6), 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), (3)(c), or (4), not less than 15 years and which may be for life;

(b)  except as provided in Subsection (3)(c) or (4), life without parole, if the trier of fact finds that during the course of the commission of the aggravated sexual abuse of a child the defendant caused serious bodily injury to another; or

(c)  life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual abuse of a child, the defendant was previously convicted of a grievous sexual offense.

(4)  If, when imposing a sentence under Subsection (3)(a) or (b), a court finds that a lesser term than the term described in Subsection (3)(a) or (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)  for purposes of Subsection (3)(b), 15 years and which may be for life; or

(b)  for purposes of Subsection (3)(a) or (b):

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

(ii)  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)(c).

(6)  Subsection (3)(b) or (3)(c) does not apply if the defendant was younger than 18 years old at the time of the offense.

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

Enacted by Chapter 181, 2022 General Session

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