76-5-402.3 - Object rape of a child -- Penalty.
76-5-402.3. Object rape of a child -- Penalty.
(1) A person commits object rape of a child when the person causes the penetration ortouching, however slight, of the genital or anal opening of a child who is under the age of 14 byany foreign object, substance, instrument, or device, not including a part of the human body, withintent to cause substantial emotional or bodily pain to the child or with the intent to arouse orgratify the sexual desire of any person.
(2) Object rape of a child is a first degree felony punishable by a term of imprisonmentof:
(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 object rape of a child the defendant causedserious bodily injury to another; or
(ii) at the time of the commission of the object rape of a child the defendant waspreviously convicted 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