Utah § 76-5-402.3 - Object rape of a child -- Penalty.
Full text of Utah Utah Code § 76-5-402.3 — Object rape of a child -- Penalty., with citation guidance and answers to common questions.
§ 76-5-402.3. Object rape of a child -- Penalty.
Effective 5/1/2024 76-5-402.3.
Object rape of a child -- Penalty.
(1)
(a)
As used in this section:
(i)
"Child" means an individual who is younger than 14 years old.
(ii)
"Masturbatory contact" means the stimulation or attempted stimulation of an individual's genitals or pubic area by another individual.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
An actor commits object rape of a child if:
(a)
(i)
the actor causes the penetration , however slight, whether over or under the clothing, of the genitals or anus of a child by:
(A)
a foreign object;
(B)
a substance;
(C)
an instrument;
(D)
a device; or
(E)
a part of the human body other than the mouth or genitals;
(ii)
the actor causes the touching, however slight, of the skin of the genitals or anus of a child by:
(A)
a foreign object;
(B)
a substance;
(C)
an instrument;
(D)
a device; or
(E)
a part of the human body other than the mouth or genitals; or
(iii)
the actor causes the masturbatory contact over or under the clothing of the genitals or anus of a child by:
(A)
a foreign object;
(B)
a substance;
(C)
an instrument;
(D)
a device; or
(E)
a part of the human body other than the mouth or genitals; and
(b)
the actor:
(i)
intends to cause substantial emotional or bodily pain to the child; or
(ii)
intends to arouse or gratify the sexual desire of any individual.
(3)
(a)
A violation of Subsection (2) is a first degree felony punishable by a term of imprisonment of:
(i)
except as provided in Subsections (3)(a)(ii) and (4), not less than 25 years and which may be for life; or
(ii)
life without parole, if the trier of fact finds that:
(A)
during the course of the commission of the object rape of a child the defendant caused serious bodily injury to the victim; or
(B)
at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.
(b)
Subsection (3)(a)(ii) does not apply if the defendant was younger than 18 years old at the time of the offense.
(4)
(a)
When imposing a sentence under Subsections (3)(a)(i) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if:
(i)
it is a first time offense for the defendant under this section;
(ii)
the defendant was younger than 21 years old at the time of the offense; and
(iii)
the court finds that a lesser term than the term described in Subsection (3)(a)(i) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
(b)
If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than:
(i)
15 years and which may be for life;
(ii)
10 years and which may be for life; or
(iii)
six years and which may be for life.
(5)
Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Frequently Asked Questions About Utah § 76-5-402.3
What does Utah Code § 76-5-402.3 cover?
Section 76-5-402.3 ("Object rape of a child -- Penalty.") 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 § 76-5-402.3?
A common citation format is "Utah Code § 76-5-402.3" (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 § 76-5-402.3 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.
