76-7-102 - Incest -- Definitions -- Penalty.
76-7-102. Incest -- Definitions -- Penalty.
(1) As used in this section:
(a) "Provider" means a person who provides or makes available his seminal fluid or herhuman egg.
(b) "Related person" means a person related to the provider or actor as an ancestor,descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
(i) blood relationships of the whole or half blood without regard to legitimacy;
(ii) the relationship of parent and child by adoption; and
(iii) the relationship of stepparent and stepchild while the marriage creating therelationship of a stepparent and stepchild exists.
(2) (a) An actor is guilty of incest when, under circumstances not amounting to rape, rapeof a child, or aggravated sexual assault, the actor knowingly and intentionally:
(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or
(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).
(b) Conduct referred to under Subsection (2)(a) is:
(i) sexual intercourse between the actor and a person the actor knows has kinship to theactor as a related person;
(ii) the insertion or placement of the provider's seminal fluid into the vagina, cervix, oruterus of a related person by means other than sexual intercourse;
(iii) providing or making available his seminal fluid for the purpose of insertion orplacement of the fluid into the vagina, cervix, or uterus of a related person by means other thansexual intercourse;
(iv) a woman 18 years of age or older who:
(A) knowingly allows the insertion of the seminal fluid of a provider into her vagina,cervix, or uterus by means other than sexual intercourse; and
(B) knows that the seminal fluid is that of a person with whom she has kinship as arelated person; or
(v) providing the actor's sperm or human egg that is used to conduct in vitro fertilization,or any other means of fertilization, with the human egg or sperm of a person who is a relatedperson.
(c) This Subsection (2) does not prohibit providing a fertilized human egg if the providerof the fertilizing sperm is not a related person regarding the person providing the egg.
(3) Incest is a third degree felony.
(4) A provider under this section is not a donor under Section 78B-15-702.
Amended by Chapter 84, 2009 General Session