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

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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 76-1-101.5
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See 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 :
         (8)(a) rape, Section 76-5-402;
         (8)(b) rape of a child, Section Utah Code 76-1-101.5
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
(2)

     (2)(a) An actor commits rape if the actor has sexual intercourse with another individual without the individual’s consent.
     (2)(b) Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
     (2)(c) This section applies whether or not the actor is married to the individual.
(3) A violation of Subsection (2) is a felony of the first degree, punishable by a term of imprisonment of:

     (3)(a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;
     (3)(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:

          (3)(b)(i) during the course of the commission of the rape the defendant caused serious bodily injury to the victim; or
          (3)(b)(ii) at the time of the commission of the rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or
     (3)(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:

     (4)(a) 10 years and which may be for life; or
     (4)(b) six years and which may be for life.
(5) The provisions of Subsection (4) do not apply when a defendant 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.