Section 404 – Forcible sexual abuse — Penalties — Limitations.
Effective 5/4/2022 76-5-404. Forcible sexual abuse — Penalties — Limitations. (1) (a) As used in this section, “indecent liberties” means the same as that term is defined in Section 76-5-401.1. (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 […]
Section 404.1 – Sexual abuse of a child — Penalties — Limitations.
Effective 5/4/2022 76-5-404.1. Sexual abuse of a child — Penalties — Limitations. (1) (a) As used in this section: (i) “Adult” means an individual 18 years old or older. (ii) “Child” means an individual younger than 14 years old. (iii) “Indecent liberties” means the same as that term is defined in Section 76-5-401.1. (iv) “Position […]
Section 404.3 – Aggravated sexual abuse of a child — Penalties.
Effective 5/4/2022 76-5-404.3. Aggravated sexual abuse of a child — Penalties. (1) (a) As used in this section: (i) “Adult” means the same as that term is defined in Section 76-5-404.1. (ii) “Child” means the same as that term is defined in Section 76-5-404.1. (iii) “Position of special trust” means the same as that term […]
Section 405 – Aggravated sexual assault — Penalty.
Effective 5/4/2022 76-5-405. Aggravated sexual assault — Penalty. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated sexual assault if: (a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor: (i) uses, or threatens another individual with the use of, a dangerous […]
Section 406 – Sexual offenses against the victim without consent of victim — Circumstances.
Effective 5/12/2020 76-5-406. Sexual offenses against the victim without consent of victim — Circumstances. (1) As used in this section: (a) “Health professional” means an individual who is licensed or who holds the individual out to be licensed, or who otherwise provides professional physical or mental health services, diagnosis, treatment, or counseling, including an athletic […]
Section 406.3 – Applicability of sentencing provisions.
Effective 5/4/2022 76-5-406.3. Applicability of sentencing provisions. A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section 76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; Section 76-5-404.3, aggravated sexual abuse of a child; or Section 76-5-405, aggravated sexual assault […]
Section 406.5 – Circumstances required for probation or suspension of sentence for certain sex offenses against a child.
Effective 5/4/2022 76-5-406.5. Circumstances required for probation or suspension of sentence for certain sex offenses against a child. (1) In a case involving a conviction for a violation of Section 76-5-402.1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-403.1, sodomy on a child; or any attempt to commit a felony […]
Section 407 – Consensual conduct in marriage.
Effective 5/4/2022 76-5-407. Consensual conduct in marriage. The provisions of this part do not apply to consensual conduct between individuals married to each other. Amended by Chapter 181, 2022 General Session
Section 409 – Corroboration of admission by child’s statement.
76-5-409. Corroboration of admission by child’s statement. (1) Notwithstanding any provision of law requiring corroboration of admissions or confessions, and notwithstanding any prohibition of hearsay evidence, a child’s statement indicating in any manner the occurrence of the sexual offense involving the child is sufficient corroboration of the admission or the confession regardless of whether or […]
Section 410 – Child victim of sexual abuse as competent witness.
76-5-410. Child victim of sexual abuse as competent witness. A child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony. Amended by Chapter 74, 1985 […]