Title 76 Chapter 5 Section 403

Utah Criminal Code
Offenses Against the Person
Section 403
Sodomy -- Forcible sodomy.

            

76-5-403.   Sodomy -- Forcible sodomy.

            (1) A person commits sodomy when the actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.

            (2) A person commits forcible sodomy when the actor commits sodomy upon another without the other's consent.

            (3) Sodomy is a class B misdemeanor.

            (4) Forcible sodomy is a first degree felony, punishable by a term of imprisonment of:

            (a) except as provided in Subsection (4)(b) or (c), not less than five years and which may be for life;

            (b) except as provided in Subsection (4)(c) or (5), 15 years and which may be for life, if the trier of fact finds that:

            (i) during the course of the commission of the forcible sodomy the defendant caused serious bodily injury to another; or

            (ii) at the time of the commission of the rape, the defendant was younger than 18 years of age and was previously convicted of a grievous sexual offense; or

            (c) life without parole, if the trier of fact finds that at the time of the commission of the forcible sodomy the defendant was previously convicted of a grievous sexual offense.

            (5) If, when imposing a sentence under Subsection (4)(b), a court finds that a lesser term than the term described in Subsection (4)(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) 10 years and which may be for life; or

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

            (6) The provisions of Subsection (5) do not apply when a person is sentenced under Subsection (4)(a) or (c).

            (7) Imprisonment under Subsection (4)(b), (4)(c), or (5) is mandatory in accordance with Section 76-3-406.


Amended by Chapter 81, 2013 General Session