76-5-402.1.   Rape of a child.
     (1) A person commits rape of a child when the person has sexual intercourse with a child who is under the age of 14.
     (2) Rape of a child is a first degree felony punishable by a term of imprisonment of:
     (a) except as provided in Subsection (2)(b), 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 another; or
     (ii) at the time of the commission of the rape of a child the defendant was previously convicted of a grievous sexual offense.
     (3) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Amended by Chapter 179, 2008 General Session
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Last revised: Wednesday, July 23, 2008