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 […]
Section 402.3 – Object rape of a child — Penalty.
Effective 5/4/2022 76-5-402.3. Object rape of a child — Penalty. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits object rape of a child if: (i) the actor causes the penetration or touching, however slight, of the genital or anal opening of the individual by, except as provided in […]
Section 403 – Forcible sodomy — Penalties.
Effective 5/4/2022 76-5-403. Forcible sodomy — Penalties. (1) (a) As used in this section, “sodomy” means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and the mouth or anus of another individual. (b) Terms defined in Section 76-1-101.5 apply to this section. […]
Section 403.1 – Sodomy on a child — Penalties.
Effective 5/4/2022 76-5-403.1. Sodomy on a child — Penalties. (1) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) An actor commits sodomy on a child if: (i) the actor engages in any sexual act upon or with another individual; (ii) the individual is younger than 14 years old; and (iii) the sexual […]
Section 401 – Unlawful sexual activity with a minor — Penalties — Evidence of age raised by defendant — Limitations.
Effective 5/4/2022 76-5-401. Unlawful sexual activity with a minor — Penalties — Evidence of age raised by defendant — Limitations. (1) (a) As used in this section, “minor” means an individual who is 14 years old or older, but younger than 16 years old, at the time the sexual activity described in Subsection (2) occurred. […]