76-5-405.   Aggravated sexual assault -- Penalty.
     (1) A person commits aggravated sexual assault if in the course of a rape or attempted rape, object rape or attempted object rape, forcible sodomy or attempted forcible sodomy, or forcible sexual abuse or attempted forcible sexual abuse the actor:
     (a) causes bodily injury to the victim that does not amount to serious bodily injury;
     (b) uses or threatens the victim with use of a dangerous weapon as defined in Section 76-1-601;
     (c) compels, or attempts to compel, the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or
     (d) is aided or abetted by one or more persons.
     (2) Aggravated sexual assault is a first degree felony, punishable by a term of imprisonment of:
     (a) except as provided in Subsection (2)(b), (2)(c), or (3), not less than 15 years and which may be for life;
     (b) except as provided in Subsection (2)(c) or (3), life without parole, if the trier of fact finds that during the course of the commission of the aggravated sexual assault, 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 aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.
     (3) If, when imposing a sentence under Subsection (2)(a) or (b), a court finds that a lesser term than the term described in Subsection (2)(a) or (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) for purposes of Subsection (2)(b), 15 years and which may be for life;
     (b) for purposes of Subsection (2)(a) or (b):
     (i) ten years and which may be for life; or
     (ii) six years and which may be for life.
     (4) The provisions of Subsection (3) do not apply when a person is sentenced under Subsection (2)(c).
     (5) Imprisonment under this section 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