Utah’s 2025 Incapacitated Law

Utah’s 2025 Incapacitated Person Law: 10-Year Mandatory Sentences for Sex Crimes

As of May 7, 2025, Utah’s revised criminal code introduces stricter penalties for rape, object rape, and forcible sodomy against “incapacitated individuals,” mandating a 10-year-to-life prison sentence. House Bill 127, also known as Ashley’s Law, aims to protect vulnerable populations but raises significant concerns for defendants due to its broad definitions and jury-driven outcomes. Here’s what you need to know about this transformative law.

What Is House Bill 127 (Ashley’s Law)?

Passed in the 2025 General Session, House Bill 127 amends key sections of the Utah Code, targeting sex offenses involving incapacitated individuals:

• Utah Code §76-5-402: Rape (excluding rape of a child, which carries a 25-year minimum).
• Utah Code §76-5-402.2: Object Rape (excluding object rape of a child).
• Utah Code §76-5-403: Forcible Sodomy (excluding sodomy on a child, which carries a 25-year minimum).
• Utah Code §76-3-406: Mandatory Sentencing Guidelines.

The law increases the minimum prison term from 5 to 10 years for these crimes when the victim is deemed incapacitated, with no options for probation, jail, or hospitalization unless a rare “interests of justice” exception is granted.

Defining “Incapacitated Individual” in Utah Law

Under Utah Code §76-5-402(1)(a), an incapacitated individual is someone aged 14 or older with:

• An intellectual, physical, neurological, or cognitive disease or defect, and
• Inability to perform at least two of the following due to the condition:
  • Understand the nature of a sexual act.
  • Resist or escape the act.
  • Report the act.

This broad definition may include individuals with developmental delays, mental health issues, or physical disabilities, but the jury—not medical experts—determines if the victim meets these criteria.

Mandatory 10-Year Sentence: How It Works

If a jury finds the victim was an incapacitated individual, the court must impose a 10-year-to-life sentence. Key points:

• No Leniency: Probation, early parole, or sentence reductions are prohibited under Utah Code §76-3-406, except in rare cases with documented justification.
• Jury’s Role: Juries decide incapacity based on evidence, often relying on expert testimony from psychologists or psychiatrists, per Utah Rule of Evidence 702.
• Expert Testimony: Both prosecution and defense must use qualified experts to prove or disprove incapacity, increasing trial complexity and costs.

Impact on Defendants and Defense Strategies

This law significantly raises the stakes for those accused of qualifying sex crimes. Defendants face:

1. Higher Penalties: A first-degree felony conviction triggers a 10-year minimum if incapacity is proven.
2. Prosecutorial Leverage: The threat of a decade-long sentence may pressure defendants into plea deals, even in weaker cases.
3. Trial Uncertainty: Juries interpreting medical criteria introduce unpredictability, requiring robust defense strategies.
4. Increased Costs: Expert witnesses, such as mental health professionals, are critical but costly.

Defense Strategies

Experienced defense attorneys should:

• Challenge the incapacity definition with multiple expert witnesses.
• File pretrial motions to exclude vague or speculative testimony under Utah Rule of Evidence 702.
• Educate juries on the strict legal criteria to counter emotional arguments.
• Counter prosecution’s medical assumptions with credible psychological or psychiatric testimony.

FAQs About Utah’s Incapacitated Person Law

Who qualifies as an “incapacitated individual”?

Someone aged 14 or older with a mental, physical, cognitive, or neurological disorder who cannot understand, resist, or report a sexual act.

Can a judge reduce the mandatory sentence?

Only in rare cases where the judge justifies a lower sentence “in the interests of justice” on the record (Utah Code §76-5-402(4)(a)).

Who determines incapacity?

The jury, not a doctor or judge, makes this determination based on evidence and expert testimony.

What if there’s no medical diagnosis?

This would be litigated pretrial, with outcomes depending on evidence and expert testimony.

Are expert witnesses required?

Yes, both sides typically use mental health professionals to address incapacity, as required by Utah Rule of Evidence 702.

Is the law retroactive?

No, it applies only to offenses committed on or after May 7, 2025.

Why You Need a Skilled Utah Defense Attorney

Utah’s new incapacitated person law increases the complexity and consequences of sex crime allegations. With a mandatory 10-year sentence and jury-driven outcomes, defendants need experienced legal representation to navigate these high-stakes cases. Contact Utah criminal defense attorney Jake Gunter at (801) 373-6345 for a free, confidential consultation to protect your rights.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.