76-5-404.1 - Sexual abuse of a child -- Aggravated sexual abuse of a child.
76-5-404.1. Sexual abuse of a child -- Aggravated sexual abuse of a child.
(1) As used in this section, "child" means a person under the age of 14.
(2) A person commits sexual abuse of a child if, under circumstances not amounting torape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of theseoffenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a femalechild, or otherwise takes indecent liberties with a child, or causes a child to take indecent libertieswith the actor or another with intent to cause substantial emotional or bodily pain to any personor with the intent to arouse or gratify the sexual desire of any person regardless of the sex of anyparticipant.
(3) Sexual abuse of a child is punishable as a second degree felony.
(4) A person commits aggravated sexual abuse of a child when in conjunction with theoffense described in Subsection (2) any of the following circumstances have been charged andadmitted or found true in the action for the offense:
(a) the offense was committed by the use of a dangerous weapon as defined in Section76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or wascommitted during the course of a kidnaping;
(b) the accused caused bodily injury or severe psychological injury to the victim duringor as a result of the offense;
(c) the accused was a stranger to the victim or made friends with the victim for thepurpose of committing the offense;
(d) the accused used, showed, or displayed pornography or caused the victim to bephotographed in a lewd condition during the course of the offense;
(e) the accused, prior to sentencing for this offense, was previously convicted of anyfelony, or of a misdemeanor involving a sexual offense;
(f) the accused committed the same or similar sexual act upon two or more victims at thesame time or during the same course of conduct;
(g) the accused committed, in Utah or elsewhere, more than five separate acts, which ifcommitted in Utah would constitute an offense described in this chapter, and were committed atthe same time, or during the same course of conduct, or before or after the instant offense;
(h) the offense was committed by a person who occupied a position of special trust inrelation to the victim; "position of special trust" means that position occupied by a person in aposition of authority, who, by reason of that position is able to exercise undue influence over thevictim, and includes, but is not limited to, a youth leader or recreational leader who is an adult,adult athletic manager, adult coach, teacher, counselor, religious leader, doctor, employer, fosterparent, baby-sitter, adult scout leader, natural parent, stepparent, adoptive parent, legal guardian,grandparent, aunt, uncle, or adult cohabitant of a parent;
(i) the accused encouraged, aided, allowed, or benefited from acts of prostitution orsexual acts by the victim with any other person, or sexual performance by the victim before anyother person; or
(j) the accused caused the penetration, however slight, of the genital or anal opening ofthe child by any part or parts of the human body other than the genitals or mouth.
(5) Aggravated sexual abuse of a child is a first degree felony punishable by a term ofimprisonment of:
(a) except as provided in Subsection (5)(b), (5)(c), or (6), not less than 15 years andwhich may be for life;
(b) except as provided in Subsection (5)(c) or (6), life without parole, if the trier of factfinds that during the course of the commission of the aggravated sexual abuse of a child thedefendant caused serious bodily injury to another; or
(c) life without parole, if the trier of fact finds that at the time of the commission of theaggravated sexual abuse of a child, the defendant was previously convicted of a grievous sexualoffense.
(6) If, when imposing a sentence under Subsection (5)(a) or (b), a court finds that a lesserterm than the term described in Subsection (5)(a) or (b) is in the interests of justice and states thereasons for this finding on the record, the court may impose a term of imprisonment of not lessthan:
(a) for purposes of Subsection (5)(b), 15 years and which may be for life; or
(b) for purposes of Subsection (5)(a) or (b):
(i) 10 years and which may be for life; or
(ii) six years and which may be for life.
(7) The provisions of Subsection (6) do not apply when a person is sentenced underSubsection (5)(c).
(8) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Amended by Chapter 339, 2007 General Session