76-5-405 - Aggravated sexual assault -- Penalty. - Utah Statutes

76-5-405. Aggravated sexual assault -- Penalty.
(1) A person commits aggravated sexual assault if:
(a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, theactor:
(i) uses, or threatens the victim with the use of, a dangerous weapon as defined inSection 76-1-601;
(ii) compels, or attempts to compel, the victim to submit to rape, object rape, forciblesodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to beinflicted imminently on any person; or
(iii) is aided or abetted by one or more persons;
(b) in the course of an attempted rape, attempted object rape, or attempted forciblesodomy, the actor:
(i) causes serious bodily injury to any person;
(ii) uses, or threatens the victim with the use of, a dangerous weapon as defined inSection 76-1-601;
(iii) attempts to compel the victim to submit to rape, object rape, or forcible sodomy, bythreat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or
(iv) is aided or abetted by one or more persons; or
(c) in the course of an attempted forcible sexual abuse, the actor:
(i) causes serious bodily injury to any person;
(ii) uses, or threatens the victim with the use of, a dangerous weapon as defined inSection 76-1-601;
(iii) attempts to compel the victim to submit to forcible sexual abuse, by threat ofkidnaping, death, or serious bodily injury to be inflicted imminently on any person; or
(iv) is aided or abetted by one or more persons.
(2) Aggravated sexual assault is a first degree felony, punishable by a term ofimprisonment of:
(a) for an aggravated sexual assault described in Subsection (1)(a):
(i) except as provided in Subsection (2)(a)(ii) or (3)(a), not less than 15 years and whichmay be for life; or
(ii) life without parole, if the trier of fact finds that at the time of the commission of theaggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
(b) for an aggravated sexual assault described in Subsection (1)(b):
(i) except as provided in Subsection (2)(b)(ii) or (4)(a), not less than 10 years and whichmay be for life; or
(ii) life without parole, if the trier of fact finds that at the time of the commission of theaggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;or
(c) for an aggravated sexual assault described in Subsection (1)(c):
(i) except as provided in Subsection (2)(c)(ii) or (5)(a), not less than six years and whichmay be for life; or
(ii) life without parole, if the trier of fact finds that at the time of the commission of theaggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.
(3) (a) If, when imposing a sentence under Subsection (2)(a)(i), a court finds that a lesserterm than the term described in Subsection (2)(a)(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 lessthan:
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(b) The provisions of Subsection (3)(a) do not apply when a person is sentenced underSubsection (2)(a)(ii).
(4) (a) If, when imposing a sentence under Subsection (2)(b)(i), a court finds that a lesserterm than the term described in Subsection (2)(b)(i) is in the interests of justice and states thereasons for this finding on the record, the court may impose a term of imprisonment of not lessthan six years and which may be for life.
(b) The provisions of Subsection (4)(a) do not apply when a person is sentenced underSubsection (2)(b)(ii).
(5) (a) If, when imposing a sentence under Subsection (2)(c)(i), a court finds that a lesserterm than the term described in Subsection (2)(c)(i) is in the interests of justice and states thereasons for this finding on the record, the court may impose a term of imprisonment of not lessthan three years and which may be for life.
(b) The provisions of Subsection (5)(a) do not apply when a person is sentenced underSubsection (2)(c)(ii).
(6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

Amended by Chapter 176, 2009 General Session