76-5-404 - Forcible sexual abuse.
76-5-404. Forcible sexual abuse.
(1) A person commits forcible sexual abuse if the victim is 14 years of age or older and,under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy,the actor touches the anus, buttocks, or any part of the genitals of another, or touches the breastof a female, or otherwise takes indecent liberties with another, or causes another to take indecentliberties with the actor or another, with intent to cause substantial emotional or bodily pain to anyperson or with the intent to arouse or gratify the sexual desire of any person, without the consentof the other, regardless of the sex of any participant.
(2) Forcible sexual abuse is:
(a) except as provided in Subsection (2)(b), a felony of the second degree, punishable bya term of imprisonment of not less than one year nor more than 15 years; or
(b) except as provided in Subsection (3), a felony of the first degree, punishable by aterm of imprisonment for 15 years and which may be for life, if the trier of fact finds that duringthe course of the commission of the forcible sexual abuse the defendant caused serious bodilyinjury to another.
(3) If, when imposing a sentence under Subsection (2)(b), a court finds that a lesser termthan the term described in Subsection (2)(b) is in the interests of justice and states the reasons forthis finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life; or
(b) six years and which may be for life.
(4) Imprisonment under Subsection (2)(b) or (3) is mandatory in accordance with Section76-3-406.
Amended by Chapter 218, 2010 General Session