76-5-402.1 - Rape of a child.
76-5-402.1. Rape of a child.
(1) A person commits rape of a child when the person has sexual intercourse with a childwho is under the age of 14.
(2) Rape of a child is a first degree felony punishable by a term of imprisonment of:
(a) except as provided in Subsection (2)(b), not less than 25 years and which may be forlife; or
(b) life without parole, if the trier of fact finds that:
(i) during the course of the commission of the rape of a child, the defendant causedserious bodily injury to another; or
(ii) at the time of the commission of the rape of a child the defendant was previouslyconvicted of a grievous sexual offense.
(3) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Amended by Chapter 179, 2008 General Session