76-5-402.2 - Object rape.
76-5-402.2. Object rape.
(1) A person who, without the victim's consent, causes the penetration, however slight, ofthe genital or anal opening of another person who is 14 years of age or older, by any foreignobject, substance, instrument, or device, including a part of the human body other than the mouthor genitals, with intent to cause substantial emotional or bodily pain to the victim or with theintent to arouse or gratify the sexual desire of any person, commits an offense which is a firstdegree felony, punishable by a term of imprisonment of:
(a) except as provided in Subsection (1)(b) or (c), not less than five years and which maybe for life;
(b) except as provided in Subsection (1)(c) or (2), 15 years and which may be for life, ifthe trier of fact finds that during the course of the commission of the object rape the defendantcaused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of theobject rape, the defendant was previously convicted of a grievous sexual offense.
(2) If, when imposing a sentence under Subsection (1)(b), a court finds that a lesser termthan the term described in Subsection (1)(b) is in the interests of justice and states the reasons forthis 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.
(3) The provisions of Subsection (2) do not apply when a person is sentenced underSubsection (1)(a) or (c).
(4) Imprisonment under Subsection (1)(b), (1)(c), or (2) is mandatory in accordance withSection 76-3-406.
Amended by Chapter 340, 2008 General Session