76-5-402. Rape.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

76-5-402. Rape.

(a)As used in this section, "incapacitated individual" means:

(i)an individual 14 years old or older with:

(A)an intellectual disease or defect;

(B)a physical disease or defect;

(C)a neurological disease or defect; or

(D)a cognitive disease or defect; and

(ii)as a result of the disease or defect described in Subsection (1)(a)(i) , the individual is unable to meet two or more of the following requirements:

(A)appraise the nature of an act of sexual intercourse;

(B)resist or escape an act of sexual intercourse; or

(C)report an act of sexual intercourse committed against the individual.

(b)Terms defined in Section 76-1-101.5 apply to this section.

(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) ,

(c), or (d), not less than five years and which may be for life;

(b)except as provided in Subsection

(3)(c), (3)(d), or (4)(a), 10 years and which may be for life if the trier of fact finds that the act committed by the actor described in Subsection

(2)was committed against an incapacitated individual;

(c)except as provided in Subsection (3)(d) or (4)(b), 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

(d)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.

(a)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 six years and which may be for life.

(b)If, when imposing a sentence under Subsection (3)(c), a court finds that a lesser term than the term described in Subsection (3)(c) 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:

(i)10 years and which may be for life; or

(ii)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 (d).

(6)Imprisonment under Subsection (3)(b) , (3)(c) , (3)(d), or

(4)is mandatory in accordance with Section 76-3-406 .

Amended by Chapter 412 , 2025 General Session