76-5-403.1 - Sodomy on a child.
76-5-403.1. Sodomy on a child.
(1) A person commits sodomy upon a child if the actor engages in any sexual act upon orwith a child who is under the age of 14, involving the genitals or anus of the actor or the childand the mouth or anus of either person, regardless of the sex of either participant.
(2) Sodomy upon 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 sodomy upon a child the defendant causedserious bodily injury to another; or
(ii) at the time of the commission of the sodomy upon 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