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 felony of the first degree, 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 during the course of the commission of the forcible sodomy 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
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) ten 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 339, 2007 General Session
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Last revised: Wednesday, July 23, 2008