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

Utah Code § 76-5-402.3 (2026)

Object rape of a child -- Penalty

✓ current as of May 2026
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As used in this section:
"Child" means an individual who is younger than 14 years old.
"Masturbatory contact" means the stimulation or attempted stimulation of an individual's genitals or pubic area by another individual.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits object rape of a child if:
the actor causes the penetration , however slight, whether over or under the clothing, of the genitals or anus of a child by:
a foreign object;
a substance;
an instrument;
a device; or
a part of the human body other than the mouth or genitals;
the actor causes the touching, however slight, of the skin of the genitals or anus of a child by:
a foreign object;
a substance;
an instrument;
a device; or
a part of the human body other than the mouth or genitals; or
the actor causes the masturbatory contact over or under the clothing of the genitals or anus of a child by:
a foreign object;
a substance;
an instrument;
a device; or
a part of the human body other than the mouth or genitals; and
the actor:
intends to cause substantial emotional or bodily pain to the child; or
intends to arouse or gratify the sexual desire of any individual.
A violation of Subsection (2) is a first degree felony punishable by a term of imprisonment of:
except as provided in Subsections (3)(a)(ii) and (4), 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 object rape of a child the defendant caused serious bodily injury to the victim; or
at the time of the commission of the object rape of a child the defendant was previously convicted of a grievous sexual offense.
Subsection (3)(a)(ii) 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)(i) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(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)(i) 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 (4)(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 12 cases (4 in the last 5 years), 1986–2026 · leading case: State v. Granere, 2024 UT App 1 (Utah Ct. App. 2024).
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State v. Granere, 2024 UT App 1 (Utah Ct. App. 2024). · cites it 3× “]” Utah Code Ann. § 76-5-402.3 (2) (LexisNexis Supp.”
State v. Bishop, 717 P.2d 261 (Utah 1986). · cites it 2× “1, and object rape of a child, § 76-5-402.3, are subject to the same punishment as sodomy on a child.”
State v. Patterson, 2017 UT App 194 (Utah Ct. App. 2017). · cites it 2× “See Utah Code Ann. § 76-5-402.3 (LexisNexis Supp.”
State v. Gibbons, 779 P.2d 1133 (Utah 1989). · cites it 2× “1; any attempt to commit rape of a child; object rape of a child, a violation of Section 76-5-402.3; any attempt to commit object rape of a child; sodomy upon a child, a violation of Section 76-5-403.”
State v. Braun, 787 P.2d 1336 (Utah Ct. App. 1990). · cites it 2× “BILLINGS, Judge: Defendant Scott Braun was charged with one count of object rape of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-402.3 (1989), and two counts of sexual abuse of a child, a second degree felony, under Utah Code Ann.”
State v. Rippey, 2024 UT 45 (Utah 2024). “§ 76-5-402.3(2), (3) (2007). After May 2008, the legislature eliminated the sentencing presumption for the offense so that a defendant convicted of object rape of a child would receive twenty-five years to life with no chance for an interests-of-justice reduction.”
State v. Nuttall, 861 P.2d 454 (Utah Ct. App. 1993). “§ 76-5-402.3; 5) one count of sexual exploitation of a minor, a second degree felony, in violation of id.”
State v. Lavoto, 776 P.2d 912 (Utah 1989). · cites it 2× “1 (rape of a child); § 76-5-402.3 (object rape of a child); § 76-5-403.”
State v. Gray, 2015 UT App 106 (Utah Ct. App. 2015). · cites it 4× “Utah Code Ann. § 76-5-402.3 (Michie 1995).”
State v. Alvarado-Rodriguez, 2026 UT App 25 (Utah Ct. App. 2026). “§ 76-5-402.3(1) (“A person commits object rape of a child when the person causes the penetration or touching, however slight, of the genital or anal opening of a child who is under the age of 14 by any foreign object, substance, instrument, or device, not including a part of the…”
State v. Grant, 2013 UT App 210 (Utah Ct. App. 2013). · cites it 4× “1, rape of a child; Section 76-5-402.3, object rape of a child; Section 76-5-408.”
State v. Martinez, 2021 UT 38 (Utah 2021). · cites it 2× “1; (g) object rape of a child under Section 76-5-402.3; (h) sodomy upon a child under Section 76-5-403.”
— Utah Code § 76-5-402.3(1) — 1 case
State v. Alvarado-Rodriguez, 2026 UT App 25 (Utah Ct. App. 2026). “§ 76-5-402.3(1) (“A person commits object rape of a child when the person causes the penetration or touching, however slight, of the genital or anal opening of a child who is under the age of 14 by any foreign object, substance, instrument, or device, not including a part of the…”
— Utah Code § 76-5-402.3(2) — 1 case
State v. Rippey, 2024 UT 45 (Utah 2024). “§ 76-5-402.3(2), (3) (2007). After May 2008, the legislature eliminated the sentencing presumption for the offense so that a defendant convicted of object rape of a child would receive twenty-five years to life with no chance for an interests-of-justice reduction.”
— Utah Code § 76-5-402.3(2)(b) — 1 case
State v. Granere, 2024 UT App 1 (Utah Ct. App. 2024). “]” Utah Code Ann. § 76-5-402.3 (2) (LexisNexis Supp.”
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