Utah Code 76-3-407. Repeat and habitual sex offenders — Additional prison term for prior felony convictions
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(1) As used in this section:
Terms Used In Utah Code 76-3-407
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Prior sexual offense” means:
(1)(a)(i) a felony offense described in Chapter 5, Part 4, Sexual Offenses;
(1)(a)(ii) sexual exploitation of a minor, Section 76-5b-201;
(1)(a)(iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
(1)(a)(iv) a felony offense of enticing a minor, Section 76-4-401;
(1)(a)(v) a felony attempt to commit an offense described in Subsections (1)(a)(i) through (iv); or
(1)(a)(vi) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i) through (v).
(1)(b) “Sexual offense” means:
(1)(b)(i) an offense that is a felony of the second or third degree, or an attempted offense, which attempt is a felony of the second or third degree, described in Chapter 5, Part 4, Sexual Offenses;
(1)(b)(ii) sexual exploitation of a minor, Section 76-5b-201;
(1)(b)(iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
(1)(b)(iv) a felony offense of enticing a minor, Section 76-4-401;
(1)(b)(v) a felony attempt to commit an offense described in Subsections (1)(b)(ii) through (iv); or
(1)(b)(vi) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i) through (v).
(2) Notwithstanding any other provision of law, the maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
(2)(a) the defendant was convicted of a prior sexual offense; and
(2)(b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant was convicted of the sexual offense for which the defendant is being sentenced.
(3) The increased maximum term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.