Utah Code 76-5-405. Aggravated sexual assault — Penalty
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 76-5-405
- 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
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. 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
- Serious bodily injury: means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. See Utah Code 76-1-101.5
(2) An actor commits aggravated sexual assault if:(2)(a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:(2)(a)(i) uses, or threatens another individual with the use of, a dangerous weapon;(2)(a)(ii) compels, or attempts to compel, another individual to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or(2)(a)(iii) is aided or abetted by one or more persons;(2)(b) in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the actor:(2)(b)(i) causes serious bodily injury to any individual;(2)(b)(ii) uses, or threatens the individual with the use of a dangerous weapon;(2)(b)(iii) attempts to compel the individual to submit to rape, object rape, or forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or(2)(b)(iv) is aided or abetted by one or more persons; or(2)(c) in the course of an attempted forcible sexual abuse, the actor:(2)(c)(i) causes serious bodily injury to any individual;(2)(c)(ii) uses, or threatens the individual with the use of a dangerous weapon;(2)(c)(iii) attempts to compel the individual to submit to forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or(2)(c)(iv) is aided or abetted by one or more persons.(3) A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:(3)(a) for an aggravated sexual assault described in Subsection (2)(a):(3)(a)(i) except as provided in Subsection (3)(a)(ii) or (4)(a), not less than 15 years and which may be for life; or(3)(a)(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;(3)(b) for an aggravated sexual assault described in Subsection (2)(b):(3)(b)(i) except as provided in Subsection (3)(b)(ii) or (5)(a), not less than 10 years and which may be for life; or(3)(b)(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense; or(3)(c) for an aggravated sexual assault described in Subsection (2)(c):(3)(c)(i) except as provided in Subsection (3)(c)(ii) or (6)(a), not less than six years and which may be for life; or(3)(c)(ii) life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.(4)(4)(a) If, when imposing a sentence under Subsection (3)(a)(i), a court finds that a lesser term than the term described in Subsection (3)(a)(i) 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)(i) 10 years and which may be for life; or(4)(a)(ii) six years and which may be for life.(4)(b) The provisions of Subsection (4)(a) do not apply when a defendant is sentenced under Subsection (3)(a)(ii).(5)(5)(a) If, when imposing a sentence under Subsection (3)(b)(i), a court finds that a lesser term than the term described in Subsection (3)(b)(i) 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 six years and which may be for life.(5)(b) The provisions of Subsection (5)(a) do not apply when a defendant is sentenced under Subsection (3)(b)(ii).(6)(6)(a) If, when imposing a sentence under Subsection (3)(c)(i), a court finds that a lesser term than the term described in Subsection (3)(c)(i) 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 three years and which may be for life.(6)(b) The provisions of Subsection (6)(a) do not apply when a defendant is sentenced under Subsection (3)(c)(ii).(7) Subsections (3)(a)(ii), (3)(b)(ii), and (3)(c)(ii) do not apply if the defendant was younger than 18 years old at the time of the offense.(8) Imprisonment under this section is mandatory in accordance with Section 76-3-406.