Utah Code 76-5-402.3. Object rape of a child — Penalty
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-203
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 76-5-402.3
- 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
(1)(a) As used in this section:(1)(a)(i) “Child” means an individual who is younger than 14 years old.(1)(a)(ii) “Masturbatory contact” means the stimulation or attempted stimulation of an individual’s genitals or pubic area by another individual.(1)(b) Terms defined in Section76-1-101.5 apply to this section.
(2) An actor commits object rape of a child if:
(2)(a)
(2)(a)(i) the actor causes the penetration , however slight, whether over or under the clothing, of the genitals or anus of a child by:
(2)(a)(i)(A) a foreign object;
(2)(a)(i)(B) a substance;
(2)(a)(i)(C) an instrument;
(2)(a)(i)(D) a device; or
(2)(a)(i)(E) a part of the human body other than the mouth or genitals;
(2)(a)(ii) the actor causes the touching, however slight, of the skin of the genitals or anus of a child 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; or
(2)(a)(iii) the actor causes the masturbatory contact over or under the clothing of the genitals or anus of a child by:
(2)(a)(iii)(A) a foreign object;
(2)(a)(iii)(B) a substance;
(2)(a)(iii)(C) an instrument;
(2)(a)(iii)(D) a device; or
(2)(a)(iii)(E) a part of the human body other than the mouth or genitals; and
(2)(b) the actor:
(2)(b)(i) intends to cause substantial emotional or bodily pain to the child; or
(2)(b)(ii) intends to arouse or gratify the sexual desire of any individual.
(3)
(3)(a) A violation of Subsection (2) is a first degree felony punishable by a term of imprisonment of:
(3)(a)(i) except as provided in Subsections (3)(a)(ii) and (4), not less than 25 years and which may be for life; or
(3)(a)(ii) life without parole, if the trier of fact finds that:
(3)(a)(ii)(A) during the course of the commission of the object rape of a child the defendant caused serious bodily injury to the victim; or
(3)(a)(ii)(B) at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.
(3)(b) Subsection (3)(a)(ii) does not apply if the defendant was younger than 18 years old at the time of the offense.
(4)
(4)(a) When imposing a sentence under Subsections (3)(a)(i) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:
(4)(a)(i) it is a first time offense for the defendant under this section;
(4)(a)(ii) the defendant was younger than 21 years old at the time of the offense; and
(4)(a)(iii) the court finds that a lesser term than the term described in Subsection (3)(a)(i) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
(4)(b) If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than:
(4)(b)(i) 15 years and which may be for life;
(4)(b)(ii) 10 years and which may be for life; or
(4)(b)(iii) six years and which may be for life.
(5) Imprisonment under this section is mandatory in accordance with Section 76-3-406 .