Degree

1^st Degree Felony in which imprisonment is mandatory.

Elements

A defendant commits aggravated sexual assault if; in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the defendant:

• uses, or threatens the victim with the use of, a dangerous weapon;
• compels, or attempts to compel, the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons.

A defendant commits aggravated sexual assault if; in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the defendant:

• causes serious bodily injury to any person;
• uses, or threatens the victim with the use of a dangerous weapon.
• attempts to compel the victim to submit to rape, object rape, or forcible sodomy, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons; or

In the course of attempted forcible sexual abuse, the defendant:

• causes serious bodily injury to any person;
• uses, or threatens the victim with the use of, a dangerous weapon.
• attempts to compel the victim to submit to forcible sexual abuse, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons.

Fine

1^st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

For an aggravated sexual assault when the underlying offense is rape, object rape, forcible sodomy or forcible sexual abuse:

• Not less than 15 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than:

• 10 years and which may be for life; or
• 6 years and which may be for life.

• Life without parole, if the judge finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.

---

For an aggravated sexual assault when the underlying offense is attempted rape, attempted object rape, or attempted forcible sodomy:

• Not less than 10 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than 6 years and which may be for life.
• Life without parole, if the judge finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of grievous sexual offense.

---

For an aggravated sexual assault when the underlying offense is forcible sexual abuse:

• Not less than 6 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than 3 years and which may be for life.

Offender Registration

Lifetime registration.
(Utah Code Ann. §77-27-21.5(12)(c)(i)(A))

DNA Specimen

A defendant convicted of a 1^st degree felony aggravated sexual assault must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of aggravated sexual assault may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))