76-5-402.1. Rape of a child -- Penalties.

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

Effective 5/1/2024

(a)As used in this section:

(i)"Child" means an individual who is younger than 14 years old.

(ii)"Sexual intercourse" means:

(A)any touching skin-to-skin, however slight, of an individual's genitals to another individual's genitals; or

(B)any penetration, however slight, of an individual's genitals by another individual's genitals, whether over or under the clothing.

(iii)"Simulated intercourse" means rubbing or otherwise stimulating or attempting to stimulate an individual's genitals or pubic area by another individual's genitals or pubic area whether over or under the clothing.

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

(2)An actor commits rape of a child if the actor:

(a)has sexual intercourse with a child; or

(b)intentionally engages in simulated intercourse with a child.

(3)A violation of Subsection

(2)is a first degree felony punishable by a term of imprisonment of:

(a)except as provided in Subsections (3)(b) and (5), not less than 25 years and which may be for life; or

(b)life without parole, if the trier of fact finds that:

(i)during the course of the commission of the rape of a child, the defendant caused serious bodily injury to the victim; or

(ii)at the time of the commission of the rape of a child the defendant was previously convicted of a grievous sexual offense.

(4)Subsection (3)(b) does not apply if the defendant was younger than 18 years old at the time of the offense.

(a)When imposing a sentence under Subsections (3)(a) and (5)(b), a court may impose a term of imprisonment under Subsection (5)(b) if:

(i)it is a first time offense for the defendant under this section;

(ii)the defendant was younger than 21 years old at the time of the offense; and

(iii)the court finds that a lesser term than the term described in Subsection (3)(a) 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.

(b)If the conditions of Subsection (5)(a) are met, the court may impose a term of imprisonment of not less than:

(i)15 years and which may be for life;

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

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

(6)Imprisonment under this section is mandatory in accordance with Section 76-3-406 .

Amended by Chapter 97 , 2024 General Session