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Sex Offenses: Object Rape


Object Rape: Attorneys

Object Rape - Attorneys

What it is:

A person commits object rape when they sexually penetrate another person above the age of 14 with a foreign object without their consent.

Object Rape

Utah Code §76-5-402.2

Degree

1st Degree Felony.

Elements

A defendant commits object rape when they, without the victim's consent, cause the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, by any foreign object, substance, instrument, or device, including a part of the human body other than the mouth or genitals, with intent to cause substantial emotional or bodily pain to the victim or with the intent to arouse or gratify the sexual desire of any person.

Imprisonment

If the accused is convicted of 1st degree felony object rape, imprisonment is mandatory.
(Utah Code Ann. §76-5-402.2(4))

Not less than 5 years and which may be for life.

15 years and which may be for life, if the judge finds that during the course of the commission of the object rape 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.

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

Fine

1st 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)

Sex Offender Registration

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

DNA Specimen

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

Firearms

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


Other Criminal Charges

Learn more about crimes related to Object Rape. If you have any questions, please feel free to call our office at (801) 505-1586.

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