Title 76 - Utah Criminal Code - Chapter 5 - Offenses Against the Person - Part 4 - Sexual Offenses - Section 403 - Forcible sodomy.


Published: 2019-05-14

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Utah Code

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Effective 5/14/2019 76-5-403 Forcible sodomy. (1) As used in this section, "sodomy" means engaging in any sexual act with an individual who

is 14 years of age or older involving the genitals of one individual and the mouth or anus of another individual, regardless of the sex of either participant.

(2) An individual commits forcible sodomy when the actor commits sodomy upon another without the other's consent.

(3) Forcible sodomy is a first degree felony, 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 forcible sodomy the defendant caused serious

bodily injury to another; or (ii) at the time of the commission of the rape, the defendant was younger than 18 years of age

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 forcible

sodomy 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 an individual 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 189, 2019 General Session