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2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 5 - Offenses Against the Individual
Part 4 - Sexual Offenses
Section 402 - Rape -- Penalties.
Universal Citation: UT Code § 76-5-402 (2023)
Effective 5/4/2022
76-5-402. Rape -- Penalties.
Amended by Chapter 181, 2022 General Session
76-5-402. Rape -- Penalties.
- (1) Terms defined in Section 76-1-101.5 apply to this section.
- (2)
- (a) An actor commits rape if the actor has sexual intercourse with another individual without the individual's consent.
- (b) Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
- (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:
- (a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;
- (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:
- (i) during the course of the commission of the rape the defendant caused serious bodily injury to the victim; or
- (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
- (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:
- (a) 10 years and which may be for life; or
- (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.
Amended by Chapter 181, 2022 General Session
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