76-7-102. Incest — Definitions — Penalty.
| (1) |
As used in this section:
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Terms Used In Utah Code 76-7-102- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Donor: The person who makes a gift.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Provider” means a person who provides or makes available his seminal fluid or her human egg. |
| (b) |
“Related person” means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
| (i) |
blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized; |
| (ii) |
the relationship of parent and child by adoption; and |
| (iii) |
the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. |
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| (2) |
| (a) |
An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:
| (i) |
engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or |
| (ii) |
provides a human egg or seminal fluid under Subsection (2)(b)(v). |
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| (b) |
Conduct referred to under Subsection (2)(a) is:
| (i) |
sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person; |
| (ii) |
the insertion or placement of the provider’s seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; |
| (iii) |
providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; |
| (iv) |
a woman 18 years of age or older who:
| (A) |
knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and |
| (B) |
knows that the seminal fluid is that of a person with whom she has kinship as a related person; or |
|
| (v) |
providing the actor’s sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person. |
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| (c) |
This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg. |
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| (3) |
Incest is a third degree felony. |
| (4) |
A provider under this section is not a donor under Section 78B-15-702. |
Amended by Chapter 217, 2022 General Session
