Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 127 (2025GS)

Sponsor

Rep. Strong, Mark A.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends the length of a sentence for the crimes of rape, object rape, and forcible sodomy if the actor committed the crime against an incapacitated individual; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

8
76-3-406
76-5-402
76-5-402.2
76-5-403
0
Sexual Crime Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: Jen Plumb
LONG TITLE
General Description:
This bill addresses the sentence length for the crimes of rape, object rape, and forcible 
sodomy.
Highlighted Provisions:
This bill:
defines terms;
amends the length of a sentence for the crimes of rape, object rape, and forcible sodomy if 
the actor committed the crime against an incapacitated individual; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-406
, as last amended by Laws of Utah 2024, Chapter 96
76-5-402
, as last amended by Laws of Utah 2022, Chapter 181
76-5-402.2
, as last amended by Laws of Utah 2022, Chapter 181
76-5-403
, as last amended by Laws of Utah 2022, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
76-3-406
 is amended to read:
76-3-406
. Crimes for which probation, suspension of sentence, lower category of 
offense, or hospitalization may not be granted.
(1)
Notwithstanding Sections 
76-3-201
 and 
77-18-105
 and Title 77, Chapter 16a, 
Commitment and Treatment of Individuals with a Mental Condition, except as provided 
in Section 
76-5-406.5
 or Subsection 
77-16a-103
(6) or (7), probation may not be granted, 
the execution or imposition of sentence may not be suspended, the court may not enter a 
judgment for a lower category of offense, and hospitalization may not be ordered, the 
effect of which would in any way shorten the prison sentence for an individual who 
commits a capital felony or a first degree felony involving:
(a)
aggravated murder as described in Section 
76-5-202
;
(b)
murder as described in Section 
76-5-203
;
(c)
child kidnapping as described in Section 
76-5-301.1
;
(d)
aggravated kidnapping as described in Subsection 
76-5-302
(3)(b);
(e)
rape as described in Subsection 
76-5-402
(3)(b), (3)(c),
 (3)(d),
 or (4);
(f)
rape of a child as described in Section 
76-5-402.1
;
(g)
object rape as described in Subsection 
76-5-402.2
(3)(b), (3)(c), 
(3)(d), 
or (4);
(h)
object rape of a child as described in Section 
76-5-402.3
;
(i)
forcible sodomy as described in Subsection 
76-5-403
(3)(b), (3)(c), 
(3)(d), 
or (4);
(j)
sodomy on a child as described in Section 
76-5-403.1
;
(k)
forcible sexual abuse as described in Subsection 
76-5-404
(3)(b)(i) or (ii);
(l)
aggravated sexual abuse of a child as described in Section 
76-5-404.3
;
(m)
aggravated sexual assault as described in Section 
76-5-405
; or
(n)
any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
(2)
Except for an offense before the district court in accordance with Section 
80-6-502
 or 
80-6-504
, the provisions of this section do not apply if the sentencing court finds that the 
defendant:
(a)
was under 18 years old at the time of the offense; and
(b)
could have been adjudicated in the juvenile court but for the delayed reporting or 
delayed filing of the information.
Section 2, Section 
76-5-402
 is amended to read:
76-5-402
. Rape.
(1)
(a)
As used in this section, "incapacitated individual" means:
(i)
an individual 14 years old or older with:
(A)
an intellectual disease or defect;
(B)
a physical disease or defect;
(C)
a neurological disease or defect; or
(D)
a cognitive disease or defect; and
(ii)
as a result of the disease or defect described in Subsection 
(1)(a)(i)
, the individual 
is unable to meet two or more of the following requirements:
(A)
appraise the nature of an act of sexual intercourse;
(B)
resist or escape an act of sexual intercourse; or
(C)
report an act of sexual intercourse committed against the individual.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits rape if the actor has sexual intercourse with another individual 
without the individual's consent.
(b)
Any sexual penetration, however slight, is sufficient to constitute the relevant 
element of a violation of Subsection 
(2)(a)
.
(c)
This section applies whether or not the actor is married to the individual.
(3)
A violation of Subsection 
(2)
 is a felony of the first degree, punishable by a term of 
imprisonment of:
(a)
except as provided in Subsection 
(3)(b)
 or
,
(c)
, or (d)
, not less than five years and 
which may be for life;
(b)
except as provided in Subsection 
(3)
(c), (3)(d), or (4)(a), 10 years and which may be 
for life if the trier of fact finds that the act committed by the actor described in 
Subsection (2) was committed against an incapacitated individual;
(b)
(c)
except as provided in Subsection 
(3)(c)
 or 
(4)
(3)(d) or (4)(b)
, 15 years and 
which may be for life, if the trier of fact finds that:
(i)
during the course of the commission of the rape the defendant caused serious 
bodily injury to the victim; or
(ii)
at the time of the commission of the rape, the defendant was younger than 18 
years old and was previously convicted of a grievous sexual offense; or
(c)
(d)
life without parole, if the trier of fact finds that at the time of the commission of 
the rape the defendant was previously convicted of a grievous sexual offense.
(4)
(a)
If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser 
term than the term described in Subsection (3)(b) is in the interests of justice and 
states the reasons for this finding on the record, the court may impose a term of 
imprisonment of not less than six years and which may be for life.
(b)
If, when imposing a sentence under Subsection 
(3)(b)
(3)(c)
, a court finds that a 
lesser term than the term described in Subsection 
(3)(b)
(3)(c)
 is in the interests of 
justice and states the reasons for this finding on the record, the court may impose a 
term of imprisonment of not less than:
(a)
(i)
10 years and which may be for life; or
(b)
(ii)
six years and which may be for life.
(5)
The provisions of Subsection 
(4)
 do not apply when a defendant is sentenced under 
Subsection 
(3)(a)
 or 
(c)
(d)
.
(6)
Imprisonment under Subsection 
(3)(b)
, 
(3)(c)
, 
(3)(d), 
or 
(4)
 is mandatory in accordance 
with Section 
76-3-406
.
Section 3, Section 
76-5-402.2
 is amended to read:
76-5-402.2
. Object rape.
(1)
(a)
As used in this section, "incapacitated individual" means the same as that term is 
defined in Section 
76-5-402
.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits object rape if:
(a)
the actor:
(i)
acts without an individual's consent;
(ii)
causes the penetration, however slight, of the genital or anal opening of the 
individual by:
(A)
a foreign object;
(B)
a substance;
(C)
an instrument;
(D)
a device; or
(E)
a part of the human body other than the mouth or genitals; and
(iii)
(A)
intends to cause substantial emotional or bodily pain to the individual; or
(B)
intends to arouse or gratify the sexual desire of any individual; and
(b)
the individual described in Subsection 
(2)(a)(i)
 is 14 years old or older.
(3)
A violation of Subsection 
(2)
 is a first degree felony, punishable by a term of 
imprisonment of:
(a)
except as provided in Subsection 
(3)
(b)
 or
,
 (c)
, or (d)
, not less than five years and 
which may be for life;
(b)
except as provided in Subsection (3)(c), (3)(d), or (4)(a), 10 years and which may be 
for life if the trier of fact finds that the act committed by the actor described in 
Subsection (2) was committed against an incapacitated individual;
(b)
(c)
except as provided in Subsection 
(3)
(c) or (4),
(3)(d) or (4)(b),
 15 years and 
which may be for life, if the trier of fact finds that:
(i)
during the course of the commission of the object rape the defendant caused 
serious bodily injury to the victim; or
(ii)
at the time of the commission of the object rape, the defendant was younger than 
18 years old and was previously convicted of a grievous sexual offense; or
(c)
(d)
life without parole, if the trier of fact finds that at the time of the commission of 
the object rape, the defendant was previously convicted of a grievous sexual offense.
(4)
(a)
If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser 
term than the term described in Subsection (3)(b) is in the interests of justice and 
states the reasons for this finding on the record, the court may impose a term of 
imprisonment of not less than six years and which may be for life.
(b)
If, when imposing a sentence under Subsection 
(3)
(b)
(3)(c)
, a court finds that a 
lesser term than the term described in Subsection 
(3)
(b)
(3)(c)
 is in the interests of 
justice and states the reasons for this finding on the record, the court may impose a 
term of imprisonment of not less than:
(a)
(i)
10 years and which may be for life; or
(b)
(ii)
six years and which may be for life.
(5)
The provisions of Subsection 
(4)
 do not apply if a defendant is sentenced under 
Subsection 
(3)
(a) or 
(c)
(d)
.
(6)
Imprisonment under Subsection 
(3)(b)
, 
(3)(c)
,
 (3)(d),
 or 
(4)
 is mandatory in accordance 
with Section 
76-3-406
.
Section 4, Section 
76-5-403
 is amended to read:
76-5-403
. Forcible sodomy.
(1)
(a)
As used in this section
,
:
(i)
"Incapacitated individual" means the same as that term is defined in Section 
76-5-402
.
(ii)
 "sodomy"
"Sodomy"
 means engaging in any sexual act with an individual who 
is 14 years old or older involving the genitals of one individual and the mouth or 
anus of another individual.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
An actor commits forcible sodomy when the actor commits sodomy upon another 
individual without the other individual's consent.
(b)
Any touching, however slight, is sufficient to constitute the relevant element of a 
violation of Subsection 
(2)(a)
.
(3)
A violation of Subsection 
(2)
 is a first degree felony, punishable by a term of 
imprisonment of:
(a)
except as provided in Subsection 
(3)(b)
 or
,
(c)
, or (d)
, not less than five years and 
which may be for life;
(b)
except as provided in Subsection (3)(c), (3)(d), or (4)(a), 10 years and which may be 
for life if the trier of fact finds that the act committed by the actor described in 
Subsection (2) was committed against an incapacitated individual;
(b)
(c)
except as provided in Subsection 
(3)(c)
 or 
(4)
(3)(d) or (4)(b)
, 15 years and 
which may be for life, if the trier of fact finds that:
(i)
during the course of the commission of the forcible sodomy the defendant caused 
serious bodily injury to the victim; or
(ii)
at the time of the commission of the 
rape
forcible sodomy
, the defendant was 
younger than 18 years old and was previously convicted of a grievous sexual 
offense; or
(c)
(d)
life without parole, if the trier of fact finds that at the time of the commission of 
the forcible sodomy the defendant was previously convicted of a grievous sexual 
offense.
(4)
(a)
If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser 
term than the term described in Subsection (3)(b) is in the interests of justice and 
states the reasons for this finding on the record, the court may impose a term of 
imprisonment of not less than six years and which may be for life.
(b)
If, when imposing a sentence under Subsection 
(3)(b)
(3)(c)
, a court finds that a 
lesser term than the term described in Subsection 
(3)(b)
(3)(c)
 is in the interests of 
justice and states the reasons for this finding on the record, the court may impose a 
term of imprisonment of not less than:
(a)
(i)
10 years and which may be for life; or
(b)
(ii)
six years and which may be for life.
(5)
The provisions of Subsection 
(4)
 do not apply when a defendant is sentenced under 
Subsection 
(3)(a)
 or 
(c)
(d)
.
(6)
Imprisonment under Subsection 
(3)(b)
, 
(3)(c)
, 
(3)(d), 
or 
(4)
 is mandatory in accordance 
with Section 
76-3-406
.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 3:26 PM