Full text of Utah Utah Code § 76-5-403 — Forcible sodomy., with citation guidance and answers to common questions.
§ 76-5-403. Forcible sodomy.
Effective 5/7/2025 76-5-403.
Forcible sodomy.
(1)
(a)
As used in this section:
(i)
"Incapacitated individual" means the same as that term is defined in Section 76-5-402.
(ii)
"Sodomy" means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and the mouth or anus of another individual.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
An actor commits forcible sodomy when the actor commits sodomy upon another individual without the other individual's consent.
(b)
Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3)
A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:
(a)
except as provided in Subsection (3)(b), (c), or (d), not less than five years and which may be for life;
(b)
except as provided in Subsection (3)(c), (3)(d), or (4)(a), 10 years and which may be for life if the trier of fact finds that the act committed by the actor described in Subsection (2) was committed against an incapacitated individual;
(c)
except as provided in Subsection (3)(d) or (4)(b), 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 the victim; or
(ii)
at the time of the commission of the forcible sodomy, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or
(d)
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.
(4)
(a)
If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(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 six years and which may be for life.
(b)
If, when imposing a sentence under Subsection (3)(c), a court finds that a lesser term than the term described in Subsection (3)(c) 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:
(i)
10 years and which may be for life; or
(ii)
six years and which may be for life.
(5)
The provisions of Subsection (4) do not apply when a defendant is sentenced under Subsection (3)(a) or (d).
(6)
Imprisonment under Subsection (3)(b), (3)(c), (3)(d), or (4) is mandatory in accordance with Section 76-3-406.
Section 76-5-403 ("Forcible sodomy.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-5-403?
A common citation format is "Utah Code § 76-5-403" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-5-403 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
