76-5-402 - Rape. - Utah Statutes

76-5-402. Rape.
(1) A person commits rape when the actor has sexual intercourse with another personwithout the victim's consent.
(2) This section applies whether or not the actor is married to the victim.
(3) Rape is a felony of the first degree, punishable by a term of imprisonment of:
(a) except as provided in Subsection (3)(b) or (c), not less than five years and which maybe for life;
(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, ifthe trier of fact finds that during the course of the commission of the rape the defendant causedserious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of therape the defendant was previously convicted of a grievous sexual offense.
(4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser termthan the term described in Subsection (3)(b) is in the interests of justice and states the reasons forthis 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.
(5) The provisions of Subsection (4) do not apply when a person is sentenced underSubsection (3)(a) or (c).
(6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance withSection 76-3-406.

Amended by Chapter 339, 2007 General Session