"Provider" means a person who provides or makes available his seminal fluid or her human egg.
(b)
"Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
(i)
blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
(ii)
the relationship of parent and child by adoption; and
(iii)
the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(2)
(a)
An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:
sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;
(ii)
the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iii)
providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
(iv)
a woman 18 years of age or older who:
(A)
knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
(B)
knows that the seminal fluid is that of a person with whom she has kinship as a related person; or
(v)
providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.
(c)
This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.
(3)
Incest is a third degree felony.
(4)
A provider under this section is not a donor under Section 81-5-702.
Section 76-7-102 ("Incest -- Definitions -- 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 § 76-7-102?
A common citation format is "Utah Code § 76-7-102" (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 § 76-7-102 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.
