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

Utah Code § 76-5-402.2 (2026)

Object rape

✓ current as of May 2026
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As used in this section, "incapacitated individual" means the same as that term is defined in Section 76-5-402.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits object rape if:
the actor:
acts without an individual's consent;
causes the penetration, however slight, of the genital or anal opening of the individual by:
a foreign object;
a substance;
an instrument;
a device; or
a part of the human body other than the mouth or genitals; and
intends to cause substantial emotional or bodily pain to the individual; or
intends to arouse or gratify the sexual desire of any individual; and
the individual described in Subsection (2)(a)(i) is 14 years old or older.
A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:
except as provided in Subsection (3)(b), (c), or (d), not less than five years and which may be for life;
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;
except as provided in Subsection (3)(d) or (4)(b), 15 years and which may be for life, if the trier of fact finds that:
during the course of the commission of the object rape the defendant caused serious bodily injury to the victim; or
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
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.
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.
If, when imposing a sentence under Subsection (3)(c), a court finds that a lesser term than the term described in Subsection (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:
10 years and which may be for life; or
six years and which may be for life.
The provisions of Subsection (4) do not apply if a defendant is sentenced under Subsection (3)(a) or (d).
Imprisonment under Subsection (3)(b), (3)(c), (3)(d), or (4) is mandatory in accordance with Section 76-3-406.
Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 1989–2024 · leading case: State v. Heath, 2019 UT App 186 (Utah Ct. App. 2019).
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State v. Heath, 2019 UT App 186 (Utah Ct. App. 2019). · cites it 14× “See Utah Code Ann. § 76-5-402.2 (1). He additionally argued that, for purposes of forcible sexual abuse, the State did not prove his specific intent “to arouse or gratify the sexual desire of any individual.”
State v. Patterson, 2017 UT App 194 (Utah Ct. App. 2017). · cites it 8× “A person is guilty of object rape when the person, “without the victim’s consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older,[ 1 ] by any foreign object, substance, instrument, or device, including a…”
State v. Mottaghian, 2022 UT App 8 (Utah Ct. App. 2022). · cites it 4× “See Utah Code Ann. § 76-5-402.2 (LexisNexis 2017) (listing no mens rea for nonconsent as to the crime of object rape); id.”
State v. Davis, 2013 UT App 228 (Utah Ct. App. 2013). · cites it 4× “Utah Code Ann. §§ 76-5-402.2 , -408(2) (LexisNexis 2012).”
State v. Cady, 2018 UT App 8 (Utah Ct. App. 2018). · cites it 2× “See Utah Code Ann. § 76-5-402.2 (LexisNexis Supp.”
State v. Vallejo, 2019 UT 38 (Utah 2019). · cites it 2× “VALLEJO Opinion of the Court ¶ 23 The State charged Vallejo with ten counts of forcible sexual abuse, second degree felonies under Utah Code section 76-5-404 (2014), and one count of object rape, a first degree felony under Utah Code section 76-5-402.2 (2014). 5 The charges…”
State v. Lopez, 2019 UT App 11 (Utah Ct. App. 2019). · cites it 3× “" Utah Code Ann. § 76-5-402.2 (1). A person is not guilty of this offense unless that person acts intentionally, knowingly, or recklessly with respect to each element.”
State v. Honie, 2002 UT 4 (Utah 2002). · cites it 2× “*997 ¶ 76 None of the sexually-related statutes at issue here expressly requires a living victim, see Utah Code Ann. § 76-5-402.2 (1999) (object rape); id.”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). · cites it 4× “(2) A person commits unlawful sexual activity with a minor if, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in…”
State v. Granere, 2024 UT App 1 (Utah Ct. App. 2024). · cites it 2× “Although digital penetration does constitute object rape when perpetrated against a victim who is 14 years or older, see Utah Code Ann. § 76-5-402.2 (2)(a)(ii)(E), (2)(b) (LexisNexis Supp.”
State v. Barnes, 2023 UT App 148 (Utah Ct. App. 2023). · cites it 2× “¶37 Under Utah law, “[a]n actor commits object rape if” the actor “causes the penetration, however slight, of the genital or anal opening of [an] individual by .”
State v. Waldoch, 2016 UT App 56 (Utah Ct. App. 2016). · cites it 4× “Utah Code Ann. § 76-5-402.2 (1) (LexisNexis Supp.”
Show all 22 citing cases →
— Utah Code § 76-5-402.2(1) — 3 cases
State v. Lopez, 2019 UT App 11 (Utah Ct. App. 2019). “" Utah Code Ann. § 76-5-402.2 (1). A person is not guilty of this offense unless that person acts intentionally, knowingly, or recklessly with respect to each element.”
State v. Heath, 2019 UT App 186 (Utah Ct. App. 2019). “See Utah Code Ann. § 76-5-402.2 (1). He additionally argued that, for purposes of forcible sexual abuse, the State did not prove his specific intent “to arouse or gratify the sexual desire of any individual.”
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022).
— Utah Code § 76-5-402.2(2) — 1 case
State v. Barnes, 2023 UT App 148 (Utah Ct. App. 2023). “¶37 Under Utah law, “[a]n actor commits object rape if” the actor “causes the penetration, however slight, of the genital or anal opening of [an] individual by .”
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