Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-4 — Sexual Offenses
Utah Code

Utah Code § 76-5-402.1 (2026)

Rape of a child -- Penalties

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
As used in this section:
"Child" means an individual who is younger than 14 years old.
"Sexual intercourse" means:
any touching skin-to-skin, however slight, of an individual's genitals to another individual's genitals; or
any penetration, however slight, of an individual's genitals by another individual's genitals, whether over or under the clothing.
"Simulated intercourse" means rubbing or otherwise stimulating or attempting to stimulate an individual's genitals or pubic area by another individual's genitals or pubic area whether over or under the clothing.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits rape of a child if the actor:
has sexual intercourse with a child; or
intentionally engages in simulated intercourse with a child.
A violation of Subsection (2) is a first degree felony punishable by a term of imprisonment of:
except as provided in Subsections (3)(b) and (5), not less than 25 years and which may be for life; or
life without parole, if the trier of fact finds that:
during the course of the commission of the rape of a child, the defendant caused serious bodily injury to the victim; or
at the time of the commission of the rape of a child the defendant was previously convicted of a grievous sexual offense.
Subsection (3)(b) does not apply if the defendant was younger than 18 years old at the time of the offense.
When imposing a sentence under Subsections (3)(a) and (5)(b), a court may impose a term of imprisonment under Subsection (5)(b) if:
it is a first time offense for the defendant under this section;
the defendant was younger than 21 years old at the time of the offense; and
the court finds that a lesser term than the term described in Subsection (3)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
If the conditions of Subsection (5)(a) are met, the court may impose a term of imprisonment of not less than:
15 years and which may be for life;
10 years and which may be for life; or
six years and which may be for life.
Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Notes of Decisions
Cited in 86 cases (15 in the last 5 years), 1984–2026 · leading case: State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016).
Sort: Relevance Newest Treatment
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). · cites it 10× “Gray BACKGROUND ¶2 In October 2013, Gray entered into a plea agreement whereby he agreed to plead guilty to six felonies: four counts of rape of a child, see Utah Code Ann. § 76-5-402.1 (2) (LexisNexis Supp.”
State v. Matsamas, 808 P.2d 1048 (Utah 1991). · cites it 12× “See Utah Code Ann. §§ 76-5-402.1 , -403.1 (1990).”
State Ex Rel. Wcp, 1999 UT App 35 (Utah Ct. App. 1999). · cites it 30× “OPINION JACKSON, Judge: ¶ 1 Defendant was convicted in juvenile court of rape of a child, in violation of Utah Code Ann. § 76-5-402.1 (Supp.1998), a first degree felony if committed by an adult.”
In re C.N., 2023 UT App 41 (Utah Ct. App. 2023). · cites it 10× “was charged with rape of a child under Utah Code section 76-5-402.1. That section provides, “An actor commits rape of a child if the actor has sexual intercourse with an individual who is younger than 14 years old.”
State v. Jones, 2018 UT App 110 (Utah Ct. App. 2018). · cites it 26× “" Utah Code Ann. § 76-5-402.1 (1) (LexisNexis 2017).”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). · cites it 10× “" Utah Code Ann. § 76-5-402.1 (1) (1999) (emphasis added).”
State v. Hammond, 2001 UT 92 (Utah 2001). · cites it 8× “See Utah Code Ann. § 76-5-402.1 (1999). The trial court denied probation and ordered execution of the sentence.”
State v. Cuttler, 2018 UT App 171 (Utah Ct. App. 2018). · cites it 12× “BACKGROUND ¶ 2 In October 2012, a seven-year-old child reported to authorities that Cuttler engaged in sexual intercourse with her.”
Fernandez v. Cook, 783 P.2d 547 (Utah 1989). · cites it 4× “Utah Code Ann. § 76-5-402.1 (Supp. 1989).”
Fernandez v. Cook, 870 P.2d 870 (Utah 1993). · cites it 4× “, of two counts of rape of a child in violation of Utah Code Ann. § 76-5-402.1 . At trial, the State's primary witness was Fernandez' daughter ("P.”
State Ex Rel. W.C.P., 974 P.2d 302 (Utah Ct. App. 1999). · cites it 24× “OPINION JACKSON, Judge: ¶ 1 Defendant was convicted in juvenile court of rape of a child, in violation of Utah Code Ann. § 76-5-402.1 (Supp.1998), a first degree felony if committed by an adult.”
State v. Chaney, 1999 UT App 309 (Utah Ct. App. 1999). · cites it 8× “OPINION BILLINGS, Judge: ¶ 1 John Perry Chaney (Defendant) appeals his conviction of rape of a child as an accomplice, a first degree felony, in violation of Utah Code Ann. § 76-5-402.1 (1995). We affirm.”
Show all 86 citing cases →
— Utah Code § 76-5-402.1(1) — 7 cases
State v. Chaney, 1999 UT App 309 (Utah Ct. App. 1999). “OPINION BILLINGS, Judge: ¶ 1 John Perry Chaney (Defendant) appeals his conviction of rape of a child as an accomplice, a first degree felony, in violation of Utah Code Ann. § 76-5-402.1 (1995). We affirm.”
State v. Schmidt, 2015 UT 65 (Utah 2015).
State v. Coombs, 2019 UT App 7 (Utah Ct. App. 2019).
State v. Jones, 2018 UT App 110 (Utah Ct. App. 2018). “" Utah Code Ann. § 76-5-402.1 (1) (LexisNexis 2017).”
State v. Begay, 2024 UT App 63 (Utah Ct. App. 2024).
— Utah Code § 76-5-402.1(1)(a) — 2 cases
State v. Mclain, 2026 UT App 4 (Utah Ct. App. 2026).
State v. Mclain, 2025 UT App 150 (Utah Ct. App. 2025).
— Utah Code § 76-5-402.1(2) — 7 cases
State v. Cox, 2007 UT App 317 (Utah Ct. App. 2007).
State v. Lorrah, 761 P.2d 1388 (Utah 1988).
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). “Gray BACKGROUND ¶2 In October 2013, Gray entered into a plea agreement whereby he agreed to plead guilty to six felonies: four counts of rape of a child, see Utah Code Ann. § 76-5-402.1 (2) (LexisNexis Supp.”
State ex rel. Z.C., 165 P.3d 1206 (Utah 2007).
State v. Rynhart, 2025 UT App 148 (Utah Ct. App. 2025).
— Utah Code § 76-5-402.1(2)(a) — 7 cases
State v. Smith, 2024 UT 13 (Utah 2024).
In re C.N., 2023 UT App 41 (Utah Ct. App. 2023). “was charged with rape of a child under Utah Code section 76-5-402.1. That section provides, “An actor commits rape of a child if the actor has sexual intercourse with an individual who is younger than 14 years old.”
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). “Gray BACKGROUND ¶2 In October 2013, Gray entered into a plea agreement whereby he agreed to plead guilty to six felonies: four counts of rape of a child, see Utah Code Ann. § 76-5-402.1 (2) (LexisNexis Supp.”
State v. Granere, 2024 UT App 1 (Utah Ct. App. 2024).
State v. Coombs, 2019 UT App 7 (Utah Ct. App. 2019).
— Utah Code § 76-5-402.1(2)(b) — 2 cases
In re C.N., 2023 UT App 41 (Utah Ct. App. 2023). “was charged with rape of a child under Utah Code section 76-5-402.1. That section provides, “An actor commits rape of a child if the actor has sexual intercourse with an individual who is younger than 14 years old.”
State v. Mitchell, 2023 UT App 42 (Utah Ct. App. 2023).
— Utah Code § 76-5-402.1(2)(b)(ii) — 1 case
State v. Cuttler, 2018 UT App 171 (Utah Ct. App. 2018). “BACKGROUND ¶ 2 In October 2012, a seven-year-old child reported to authorities that Cuttler engaged in sexual intercourse with her.”
— Utah Code § 76-5-402.1(5) — 1 case
State v. Cuttler, 2018 UT App 171 (Utah Ct. App. 2018). “BACKGROUND ¶ 2 In October 2012, a seven-year-old child reported to authorities that Cuttler engaged in sexual intercourse with her.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.