Full text of Utah Utah Code § 76-5-404 — Forcible sexual abuse -- Penalties -- Limitations., with citation guidance and answers to common questions.
§ 76-5-404. Forcible sexual abuse -- Penalties -- Limitations.
Effective 5/7/2025 76-5-404.
Forcible sexual abuse -- Penalties -- Limitations.
(1)
(a)
As used in this section:
(i)
"Female breast" means the same as that term is defined in Section 76-5-401.1
(ii)
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits forcible sexual abuse if:
(i)
without the consent of the individual, the actor:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of another individual;
(B)
touches the female breast of another individual; or
(C)
otherwise takes indecent liberties with another individual;
(ii)
the actor intends to:
(A)
cause substantial emotional or bodily pain to any individual; or
(B)
arouse or gratify the sexual desire of any individual; and
(iii)
the individual described in Subsection (2)(a)(i)(A), (B), or (C) is 14 years old or older.
(b)
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3)
(a)
A violation of Subsection (2) is a second degree felony, punishable by a term of imprisonment of not less than one year nor more than 15 years.
(b)
(i)
Notwithstanding Subsection (3)(a) and except as provided in Subsection (3)(b)(ii), a violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the actor caused serious bodily injury to the victim.
(ii)
If, when imposing a sentence under Subsection (3)(b)(i), a court finds that a lesser term than the term described in Subsection (3)(b)(i) 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.
(4)
The offenses referred to in Subsection (2)(a) are:
Section 76-5-404 ("Forcible sexual abuse -- Penalties -- Limitations.") 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 § 76-5-404?
A common citation format is "Utah Code § 76-5-404" (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 § 76-5-404 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.
