Utah Code 76-5-402.2. Object rape — Penalties
Current as of: 2024 | Check for updates
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(1) Terms defined in Section 76-1-101.5 apply to this section.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-5-402.2
- 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) An actor commits object rape if:(2)(a) the actor:(2)(a)(i) acts without an individual’s consent;(2)(a)(ii) causes the penetration, however slight, of the genital or anal opening of the individual by:(2)(a)(ii)(A) a foreign object;(2)(a)(ii)(B) a substance;(2)(a)(ii)(C) an instrument;(2)(a)(ii)(D) a device; or(2)(a)(ii)(E) a part of the human body other than the mouth or genitals; and(2)(a)(iii)(2)(a)(iii)(A) intends to cause substantial emotional or bodily pain to the individual; or(2)(a)(iii)(B) intends to arouse or gratify the sexual desire of any individual; and(2)(b) the individual described in Subsection (2)(a)(i) is 14 years old or older.(3) A violation of Subsection (2) is a first degree felony, 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 object rape the defendant caused serious bodily injury to the victim; or(3)(b)(ii) at the time of the commission of the object 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 object 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 if 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.