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Sex Offenses: Rape


Rape: Attorneys

Rape - Attorneys

What it is:

Rape is the act of having sex with another person without their consent.

Rape

Utah Code §76-5-402

Degree

1st Degree Felony.

Elements

A defendant commits rape when they have sexual intercourse a person without their consent.

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)

Imprisonment

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 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 rape the defendant was previously convicted of a grievous sexual offense.

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 rape must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of 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 Rape. If you have any questions, please feel free to call our office at (801) 505-1586.

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