H.B. 134

1

SODOMY AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING THAT SODOMY BETWEEN
6 CONSENTING MARRIED PERSONS IS NOT A CRIMINAL OFFENSE; AND PROVIDING
7 THAT SODOMY IS A THIRD DEGREE FELONY UNLESS THE VICTIM IS 16 YEARS
8 OF AGE OR OLDER OR THE PERPETRATOR IS MORE THAN THREE YEARS OLDER
9 THAN THE VICTIM.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-5-403, as last amended by Chapter 88, Laws of Utah 1983
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-5-403 is amended to read:
15 76-5-403. Sodomy -- Forcible sodomy.
16 (1) A person commits sodomy when the actor engages in any sexual act with a person who
17 is not that person's spouse, and who is 14 years of age or older involving the genitals of one person
18 and mouth or anus of another person, regardless of the sex of either participant.
19 (2) A person commits forcible sodomy when the actor commits sodomy upon another
20 without the other's consent.
21 (3) (a) [Sodomy is a class B misdemeanor. Forcible sodomy is a felony of the first degree.]
22 Forcible sodomy is a first degree felony.
23 (b) Sodomy is a third degree felony except when, at the time of the offense, the victim was
24 16 years of age or older, or the actor was not more than three years older than the victim, in which
25 case it is a class B misdemeanor.
26 (4) Evidence that the actor was not more than three years older than the victim at the time
27 of the offense shall be raised by the defendant.

Legislative Review Note
as of 1-24-97 2:36 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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