Utah statute
Utah Code Ann. § 76-5-404 — Forcible sexual abuse - Penalties - Limitations.
Current through 2026 General Session
Part of Part 4: Sexual Offenses, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-5-404
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1)(a) As used in this section: (1)(a)(i) "Female breast" means the same as that term is defined in Section 76-5-401.1 (1)(a)(ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1. (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: (2)(a)(i) without the consent of the individual, the actor: (2)(a)(i)(A) touches the anus, buttocks, pubic area, or any part of the genitals of another individual; (2)(a)(i)(B) touches the female breast of another individual; or (2)(a)(i)(C) otherwise takes indecent liberties with another individual; (2)(a)(ii) the actor intends to: (2)(a)(ii)(A) cause substantial emotional or bodily pain to any individual; or (2)(a)(ii)(B) arouse or gratify the sexual desire of any individual; and (2)(a)(iii) the individual described in Subsection (2)(a)(i)(A), (B), or (C) is 14 years old or older. (2)(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. (3)(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. (3)(b)(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: (3)(b)(ii)(A) 10 years and which may be for life; or (3)(b)(ii)(B) six years and which may be for life. (4) The offenses referred to in Subsection (2)(a) are: (4)(a) rape, in violation of Section 76-5-402; (4)(b) object rape, in violation of Section 76-5-402.2; (4)(c) forcible sodomy, in violation of Section 76-5-403; or (4)(d) an attempt to commit an offense listed in Subsections (4)(a) through (4)(c). (5) Imprisonment under Subsection (3)(b) or (4) is mandatory in accordance with Section 76-3-406.
Official sources
Legal terms used in this section
Questions this section answers
Is forcible sexual abuse a felony or a misdemeanor in Utah?
It depends on the circumstances: forcible sexual abuse ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-404.
Forcible sexual abuse - base offense: Second Degree Felony (Utah Code Ann. § 76-5-404(3)(a)) · Forcible sexual abuse - serious bodily injury: First Degree Felony (Utah Code Ann. § 76-5-404(3)(b)(i))
Which Utah statute covers forcible sexual abuse?
Forcible sexual abuse is governed by Utah Code Ann. § 76-5-404 (Forcible sexual abuse - Penalties - Limitations).
This reference is informational and is not legal advice.