Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.
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Forcible Sodomy – Utah Code §76-5-403
According to Utah Law, Forcible Sodomy is a nonconsensual act involving the genitals of one party, and the mouth or anus of another party.
What is considered Forcible Sodomy in Utah?
The act involves one of the following types of penetration:
- Penetration of the anus with the penis
- Penetration of the mouth with the penis
- Oral or Anal Penetration involving other genitals; and
The victim is 14 years or older and did not consent to the act
When Charges Can Arise
It is important to note that touching of any kind that meet these two criteria regardless of duration or physicality, can be considered Forcible Sodomy.
Penalties for Forcible Sodomy
Forcible sodomy is classified a first-degree felony. The standard penalty is a term of 5 years to life in prison. There are special cases in which the penalty may vary:
- If the victim was incapacitated at the time of penetration: 10 years to life
- If the victim experienced serious injury: 15 years to life
- If the alleged offender is under 18 years old and has a serious previous sexual offense conviction: 15 years to life
- If the alleged offender is over 18 years old and has a serious previous sexual offense conviction: Life without Parole
Penalties can differ slightly from these criteria, if it is found to be in the interest of justice.
What is considered an “Incapacitated Individual”
Utah Code §76-5-402 describes the criteria for an individual to be considered incapacitated.
The victim has a disease or defect of any kind that prevents them from being able to meet at least two of the following criteria:
- Have an understanding of what sex is in order to give proper consent
- Physically resist or escape a sexual act when it is unwanted
- Report the sexual act to a trusted party
What to Do If Facing Charges
If someone is accused of Forcible Sodomy under Utah Code § 76-5-402.2, it is important to seek legal counsel immediately to understand your rights and potential penalties. Forcible Sodomy is a felony offense and has the potential for life-long imprisonment. Avoid making any statements to law enforcement without speaking to an attorney first.
Even a seemingly insignificant act can meet the definition of Forcible under Utah law. Because the consequences are so severe, it’s vital to understand the possible consequences and take any accusations seriously.