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

Utah Code § 76-5-402 (2026)

Rape

✓ current as of May 2026
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As used in this section, "incapacitated individual" means:
an individual 14 years old or older with:
an intellectual disease or defect;
a physical disease or defect;
a neurological disease or defect; or
a cognitive disease or defect; and
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:
appraise the nature of an act of sexual intercourse;
resist or escape an act of sexual intercourse; or
report an act of sexual intercourse committed against the individual.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits rape if the actor has sexual intercourse with another individual without the individual's consent.
Any sexual penetration, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
This section applies whether or not the actor is married to the individual.
A violation of Subsection (2) is a felony of the first degree, 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 rape the defendant caused serious bodily injury to the victim; or
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
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.
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 when 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 131 cases (14 in the last 5 years), 1976–2026 · leading case: State v. Marchet, 2009 UT App 262 (Utah Ct. App. 2009).
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State v. Marchet, 2009 UT App 262 (Utah Ct. App. 2009). · cites it 8× “AMENDED OPINION 1 McHUGH, Judge: T1 Aglen Adieu Forquoit Marchet appeals from a conviction for rape, a first degree felony, see Utah Code Ann. § 76-5-402 (2008). 2 Marchet contends that the trial *78 court did not properly instruct the jury as to the required mental state for…”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). · cites it 16× “Defendant was charged with one count of rape, in violation of Utah Code Ann. § 76-5-402 (1999), and in the alternative, with one count of unlawful sexual activity with a minor, in violation of Utah Code Ann.”
State v. Jeffs, 2010 UT 49 (Utah 2010). · cites it 5× “" Utah Code Ann. § 76-5-402 (1) (2008). A rape can be committed "whether or not the actor is married to the victim.”
State v. Kozlov, 2012 UT App 114 (Utah Ct. App. 2012). · cites it 6× “OPINION CHRISTIANSEN, Judge: ¶ 1 Defendant Konstantin Kozlov appeals his convictions following a jury trial for attempted rape, see Utah Code Ann. § 76-5-402 (2008) (rape); id.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 4× “011; Utah (18), Utah Code Ann. §§ 76-5-402 , 76-5-406(11) (if defendant is more than three years older than victim and entices or coerces victim to participate); Virginia (18), Va.”
State v. Nelson-Waggoner, 2000 UT 59 (Utah 2000). · cites it 6× “Consent is one of the two elements of rape, see Utah Code Ann. § 76-5-402 (1) (1999), 7 and is material to the crime charged, see People v.”
State v. Finlayson, 956 P.2d 283 (Utah Ct. App. 1998). · cites it 10× “§ 76-5-302 (1995), forcible sodomy, a first degree felony, in violation of Utah Code Ann. § 76-5-403 (2) (1995), and rape, a first degree felony, in violation of Utah Code Ann.”
State v. Butterfield, 784 P.2d 153 (Utah 1989). · cites it 8× “See Utah Code Ann. § 76-5-402 (Supp. 1989). Butterfield claims, inter alia, that the trial court erred in granting the State’s motion to close his trial to the public, that he did not waive his right to a public trial, and that his counsel rendered ineffective assistance by…”
State v. Kelley, 2000 UT 41 (Utah 2000). · cites it 4× “The Weber County prosecutor charged defendant with rape, a first degree felony pursuant to Utah Code Ann. § 76-5-402 (1999). ¶ 7 At trial, the jury was instructed on, and presented evidence by the parties as to, both the offense of rape and the lesser included offense of…”
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). · cites it 5× “" Compare Utah Code Ann. § 76-5-402 . 1(3) (LexisNex-is Supp.”
State v. Martin, 2002 UT 34 (Utah 2002). · cites it 4× “Prior to our remand order, a jury convicted Martin of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1999), aggravated kidnaping, a first degree felony, in violation of Utah Code Ann.”
State v. Guzman, 2018 UT App 93 (Utah Ct. App. 2018). · cites it 6× “See Utah Code Ann. § 76-5-402 (LexisNexis 2017).”
Show all 131 citing cases →
— Utah Code § 76-5-402(1) — 12 cases
State v. Barela, 2015 UT 22 (Utah 2015).
State v. Nunes, 2020 UT App 145 (Utah Ct. App. 2020).
State v. Schmidt, 2015 UT 65 (Utah 2015).
In re: M.S., 171 A.3d 155 (D.C. 2017).
State v. Lovato, 702 P.2d 101 (Utah 1985).
— Utah Code § 76-5-402(2) — 2 cases
State v. Jeffs, 2010 UT 49 (Utah 2010). “" Utah Code Ann. § 76-5-402 (1) (2008). A rape can be committed "whether or not the actor is married to the victim.”
Smith v. Morris, 690 P.2d 560 (Utah 1984).
— Utah Code § 76-5-402(2)(a) — 2 cases
State v. Labrum, 2025 UT 12 (Utah 2025).
State v. Latu, 2025 UT App 60 (Utah Ct. App. 2025).
— Utah Code § 76-5-402(3) — 2 cases
State v. Nunes, 2020 UT App 145 (Utah Ct. App. 2020).
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). “" Compare Utah Code Ann. § 76-5-402 . 1(3) (LexisNex-is Supp.”
— Utah Code § 76-5-402(3)(a) — 1 case
State v. Parry, 2018 UT App 20 (Utah Ct. App. 2018).
— Utah Code § 76-5-402(3)(b)(ii) — 2 cases
State v. Houston, 2015 UT 40 (Utah 2015).
State v. Houston, 2015 UT 36 (Utah 2015).
— Utah Code § 76-5-402(4) — 1 case
State v. Lebeau, 2014 UT 39 (Utah 2014).
— Utah Code § 76-5-402(8) — 1 case
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016). “" Compare Utah Code Ann. § 76-5-402 . 1(3) (LexisNex-is Supp.”
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