Section 402.2 – Object rape — Penalties.

• (1) Terms defined in Section 76-1-101.5 apply to this section.

• (2) An actor commits object rape if:
  • (a) the actor:
    • (i) acts without an individual’s consent;
    • (ii) causes the penetration, however slight, of the genital or anal opening of the individual by:
      • (A) a foreign object;
      • (B) a substance;
      • (C) an instrument;
      • (D) a device; or
      • (E) a part of the human body other than the mouth or genitals; and
    • (iii)
      • (A) intends to cause substantial emotional or bodily pain to the individual; or
      • (B) intends to arouse or gratify the sexual desire of any individual; and
  • (b) the individual described in Subsection (2)(a)(i) is 14 years old or older.

• (3) A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:
  • (a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;
  • (b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that:
    • (i) during the course of the commission of the object rape the defendant caused serious bodily injury to the victim; or
    • (ii) at the time of the commission of the object rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or
  • (c) life without parole, if the trier of fact finds that at the time of the commission of the object rape, 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 term than the term described in Subsection (3)(b) 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:
  • (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 if a defendant is sentenced under Subsection (3)(a) or (c).

• (6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.

Amended by Chapter 181, 2022 General Session