Utah criminal charge
Forcible sexual abuse in Utah
Forcible sexual abuse is a criminal offense under Utah law, defined by Utah Code Ann. § 76-5-404. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-5-404.
How is forcible sexual abuse classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Forcible sexual abuse - base offense | Second Degree Felony | A violation of Subsection (2) is punishable by imprisonment of one to 15 years. | Utah Code Ann. § 76-5-404(3)(a) |
| Forcible sexual abuse - serious bodily injury | First Degree Felony | A violation of Subsection (2) where the trier of fact finds the actor caused serious bodily injury to the victim during the commission of the offense, punishable by 15 years to life. | Utah Code Ann. § 76-5-404(3)(b)(i) |
Common questions about forcible sexual abuse in Utah
Is forcible sexual abuse a felony or a misdemeanor in Utah?
It depends on the circumstances: forcible sexual abuse ranges from a Second Degree Felony to a First Degree Felony in Utah under Utah Code Ann. § 76-5-404.
Forcible sexual abuse - base offense: Second Degree Felony (Utah Code Ann. § 76-5-404(3)(a)) · Forcible sexual abuse - serious bodily injury: First Degree Felony (Utah Code Ann. § 76-5-404(3)(b)(i))
Which Utah statute covers forcible sexual abuse?
Forcible sexual abuse is governed by Utah Code Ann. § 76-5-404 (Forcible sexual abuse - Penalties - Limitations).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.