Degree

1^st or 2^nd Degree Felony.

Elements

A defendant commits a 2^nd degree felony 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 attempted sodomy, the defendant touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other.

A defendant commits a 1^st degree felony forcible sexual abuse if in the commission of the forcible sexual abuse the defendant causes serious bodily injury.

Fine

1^st or 2^nd 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

2^nd degree felony: Not less than 1 year nor more than 15 years.

1^st degree felony: 15 years and which may be for life, if the judge finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to another. However, if the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the court 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.

Sex Offender Registration

Must register for the duration of the sentence and 10 years after the sentence is complete.
(Utah Code Ann. §77-27-21.5(12)(a))

DNA Specimen

A defendant convicted of forcible sexual abuse must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

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