Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-4 — Limitations and Special Provisions on Sentences
Utah Code

Utah Code § 76-3-407 (2026)

Repeat and habitual sex offenders -- Additional prison term for prior felony convictions. -- Mandatory imprisonment for entire term of imprisonment

✓ laws through the 2026 General Session (checked Sept. 2026)
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As used in this section:
"Prior sexual offense" means:
a felony offense described in Chapter 5, Part 4, Sexual Offenses;
sexual exploitation of a minor, Section 76-5b-201;
aggravated sexual exploitation of a minor, Section 76-5b-201.1;
possession of apparent child sexual abuse material, Section 76-5b-207;
distribution of apparent child sexual abuse material, Section 76-5b-208;
unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section 76-5b-209;
a felony attempt to commit an offense described in Subsections (1)(a)(i)(A) through (F); or
an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(a)(i)(A) through (G).
"Prior sexual offense" does not include:
lewdness, as described in Section 76-5-419; or
lewdness involving a child, as described in Section 76-5-420.
"Sexual offense" means:
an offense that is a second or third degree felony, or an attempted offense, which attempt is a second or third degree felony, described in Chapter 5, Part 4, Sexual Offenses;
sexual exploitation of a minor, Section 76-5b-201;
aggravated sexual exploitation of a minor, Section 76-5b-201.1;
possession of apparent child sexual abuse material, Section 76-5b-207;
distribution of apparent child sexual abuse material, Section 76-5b-208;
unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section 76-5b-209;
a felony attempt to commit an offense described in Subsections (1)(b)(i)(B) through (F); or
an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections (1)(b)(i)(A) through (G).
"Sexual offense" does not include:
lewdness, as described in Section 76-5-419; or
lewdness involving a child, as described in Section 76-5-420.
Notwithstanding any other provision of law, the minimum and maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:
the defendant was convicted of a prior sexual offense; and
the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant committed the sexual offense for which the defendant is being sentenced.
The increased term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.
If a defendant's conviction is increased under this section, the defendant's entire sentence for the conviction is subject to mandatory imprisonment under Section 76-3-406.

Amended by Chapter 358, 2026 General Session

Notes of Decisions
Cited in 6 cases, 1995–2018 · leading case: State v. Martinez, 896 P.2d 38 (Utah Ct. App. 1995).
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State v. Martinez, 896 P.2d 38 (Utah Ct. App. 1995). · cites it 18× “The night before the plea agreement was to be formally entered by the court, the prosecutor informed defense counsel that the State intended to use the enhanced penalty provision of Utah Code Ann. § 76-3-407 (1995) to add an additional three years to Martinez’s sentence.”
State v. Pirela, 2003 UT App 39, 65 P.3d 307. · cites it 2× “Defendant also appeals the imposition of a sentence enhancement under Utah Code Ann. § 76-3-407 (1999). We affirm.”
State v. Cuttler, 2018 UT App 171, 436 P.3d 278. · cites it 2× “or a prior offense as described in Section 76-3-407, may not be eligible for release on parole by the Board of Pardons and Parole until the offender has fully completed serving the minimum mandatory sentence imposed by the court.”
State v. Saenz, 2016 UT App 95, 373 P.3d 220. · cites it 2× “1 4 One week after sentencing, Saenz petitioned the district court to correct his sentence and to allow him to withdraw his guilty plea, He argued that a juvenile court adjudication is not a "conviction" for purposes of sentencing enhancements under section 76-3-407 of the Utah…”
State v. Williams, 663 A.2d 1378 (N.J. Super. Ct. App. Div. 1995). “42 (West 1994); Utah Code Ann. § 76-3-407 (1990); Wash. Rev.”
State v. Lawson, 2018 UT App 186, 436 P.3d 354. “¶4 But as part of a written plea agreement, Lawson agreed to plead guilty to aggravated sexual abuse of a child in exchange for the State's agreement to "amend the information/charge and replace the language regarding a previous conviction with the language that [he] occupied a…”
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