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Forcible Sexual Abuse

Lawyer for Forcible Sexual Abuse in Ogden / Salt Lake City / Provo / Orem, Utah

Utah law outlines forcible sexual abuse as the following:

(1) The complainant is 14 years or age or older and the actor forcibly touches the anus, buttocks, or any part of the genitals of another, or

(2) The actor forcible touches the breast of a female;

(3) Or, otherwise the actor takes “indecent liberties” with a person over the age of 14, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of another.

See Utah Code Ann. 76-5-404 (2020).

Indecent Liberties” is defined at Utah Code Ann. 76-5-416 (2020) to mean:

(1) the actor touching the victim’s genitals, anus, buttocks, pubic area, or female breast;

(2) causing any part of the victim’s body to touch the actor’s or another’s genitals, pubic area, anus, buttocks, or female breast;

(3) simulating or pretending to engage in sexual intercourse with the victim, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or

(4) causing the victim to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.

FORCIBLE SEXUAL ABUSE PENALTIES IN UTAH

2nd Degree Felony Forcible Sexual Abuse: If the jury does not find that the defendant caused serious bodily injury to the victim, the prison term is 1 year to 15 years in prison. There is a one-year mandatory minimum prison sentence.

1st Degree Felony Forcible Sexual Abuse: If the jury finds the defendant did cause the victim serious bodily injury, it is a mandatory 15-year prison sentence and up to life in prison if the parole board deems it appropriate. It is a mandatory minimum 15-year prison sentence for 1st Degree Felony Forcible Sexual Abuse convictions.

POSSIBLE LESSER 6- OR 10-YEAR MANDATORY MINIMUM-TO-LIFE SENTENCES

When the jury finds you guilty of 1st Degree Felony Forcible Sexual Abuse the court must impose a mandatory minimum 15 years prison sentence up to life, unless:

The sentencing judge finds that it is in the interest of justice to instead sentence you to a 6- or 10-year mandatory minimum prison term instead of the usual 15-year mandatory minimum sentence. The sentencing judge must articulate its downward departure on the record.

Forcible Sexual Abuse convictions are not subject to pleas in abeyances, probation may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense (Rule 402 Reduction), and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits Forcible Sexual Abuse.

UTAH SEX OFFENSE REGISTRY—10 YEARS.

Utah Code Ann. 77-41-102(17)(xii) (2020) identifies Forcible Sexual Abuse as a registerable sex offense. 77-41-105(3)(a) (2020) requires an individual convicted of Forcible Sexual Abuse to register with the Utah Sex Offender Registry for the duration of their sentence and probation, plus 10 years.

EXPUNGMENT OF FORCIBLE SEXUAL ABUSE CONVICTIONS.

As of 10/2020, you can never expunge a registrable sex offense. See Utah Code Ann. 77-41-102(17) (2020).

FORCIBLE SEXUAL ABUSE CRIMINAL DEFENSE ATTORNEY JAKE GUNTER. (801) 373-6345. FREE CONSULTATIONS.

Effective 5/14/2019

76-5-404. Forcible sexual abuse.

(1) An individual commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, forcible sodomy, or attempted rape or forcible sodomy, the actor touches the anus, buttocks, pubic area, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, with intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual, without the consent of the other, regardless of the sex of any participant.

(2) Forcible sexual abuse is:

(a) except as provided in Subsection (2)(b), a felony of the second degree, punishable by a term of imprisonment of not less than one year nor more than 15 years; or

(b) except as provided in Subsection (3), a felony of the first degree, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to another.

(3) If, when imposing a sentence under Subsection (2)(b), a court finds that a lesser term than the term described in Subsection (2)(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.

(4) Imprisonment under Subsection (2)(b) or (3) is mandatory in accordance with Section 76-3-406.
Amended by Chapter 189, 2019 General Session

Effective 5/14/2019

76-5-416. Indecent liberties — Definition.

As used in this part, “takes indecent liberties” means:

(1) the actor touching the victim’s genitals, anus, buttocks, pubic area, or female breast;

(2) causing any part of the victim’s body to touch the actor’s or another’s genitals, pubic area, anus, buttocks, or female breast;

(3) simulating or pretending to engage in sexual intercourse with the victim, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or

(4) causing the victim to simulate or pretend to engage in sexual intercourse with the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal intercourse.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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