76-5-402.2. Object rape.
(1) A person who, without the victim's consent, causes the penetration, however slight, of
the genital or anal opening of another person who is 14 years of age or older, by any foreign
object, substance, instrument, or device, including a part of the human body other than the mouth
or genitals, with intent to cause substantial emotional or bodily pain to the victim or with the
intent to arouse or gratify the sexual desire of any person, commits an offense which is a first
degree felony, punishable by a term of imprisonment of:
(a) except as provided in Subsection (1)(b) or (c), not less than five years and which may
be for life;
(b) except as provided in Subsection (1)(c) or (2), 15 years and which may be for life, if
the trier of fact finds that during the course of the commission of the object rape the defendant
caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of the
object rape, the defendant was previously convicted of a grievous sexual offense.
(2) If, when imposing a sentence under Subsection (1)(b), a court finds that a lesser term
than the term described in Subsection (1)(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) ten years and which may be for life; or
(b) six years and which may be for life.
(3) The provisions of Subsection (2) do not apply when a person is sentenced under
Subsection (1)(a) or (c).
(4) Imprisonment under Subsection (1)(b), (1)(c), or (2) is mandatory in accordance with
Section 76-3-406.
Amended by Chapter 340, 2008 General Session
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Last revised: Thursday, May 28, 2009