Utah statute
Utah Code Ann. § 76-7-102 — Incest - Definitions - Penalty.
Current through 2026 General Session
Part of Part 1: Marital Violations, Utah Code.
Criminal charges under this statute
Full text of Utah Code Ann. § 76-7-102
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(1) As used in this section: (1)(a) "Provider" means a person who provides or makes available his seminal fluid or her human egg. (1)(b) "Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes: (1)(b)(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized; (1)(b)(ii) the relationship of parent and child by adoption; and (1)(b)(iii) the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. (2)(a) An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally: (2)(a)(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or (2)(a)(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v). (2)(b) Conduct referred to under Subsection (2)(a) is: (2)(b)(i) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person; (2)(b)(ii) the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; (2)(b)(iii) providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse; (2)(b)(iv) a woman 18 years of age or older who: (2)(b)(iv)(A) knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and (2)(b)(iv)(B) knows that the seminal fluid is that of a person with whom she has kinship as a related person; or (2)(b)(v) providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person. (2)(c) This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg. (3) Incest is a third degree felony. (4) A provider under this section is not a donor under Section 81-5-702.
Official sources
Legal terms used in this section
Questions this section answers
Is incest a felony or a misdemeanor in Utah?
Incest is a Third Degree Felony in Utah under Utah Code Ann. § 76-7-102.
Which Utah statute covers incest?
Incest is governed by Utah Code Ann. § 76-7-102 (Incest - Definitions - Penalty).
This reference is informational and is not legal advice.