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

Utah Code § 76-5-403.1 (2026)

Sodomy on a child -- Penalties

✓ current as of May 2026
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Terms defined in Section 76-1-101.5 apply to this section.
An actor commits sodomy on a child if:
the actor engages in any sexual act upon or with another individual;
the individual is younger than 14 years old; and
the sexual act involves the genitals or anus of the actor or the individual and the mouth or anus of either the actor or individual.
Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
A violation of Subsection (2)(a) 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 sodomy on a child the defendant caused serious bodily injury to the victim; or
at the time of the commission of the sodomy on 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 93 cases (9 in the last 5 years), 1984–2026 · leading case: State v. Bishop, 717 P.2d 261 (Utah 1986).
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State v. Bishop, 717 P.2d 261 (Utah 1986). · cites it 63× “, 1953, § 76-5-403.1 in three separate trials and sentenced to three concurrent indeterminate sentences of five years to life.”
State v. Copeland, 765 P.2d 1266 (Utah 1988). · cites it 16× “Defendant raises the following issues on appeal: (1) he challenges Utah Code Ann. § 76-5-406.5 (Supp. 1988), which denies him probation or suspension of his sentence while granting it to others in similar circumstances; (2) he challenges the constitutionality of Utah Code Ann.”
State v. Larson, 775 P.2d 415 (Utah 1989). · cites it 10× “Utah Code Ann. § 76-5-403.1 (Supp.1986) (amended 1988).”
State v. Egbert, 748 P.2d 558 (Utah 1987). · cites it 8× “Bishop, [1] in which we upheld Utah Code Ann. § 76-5-403.1 (2) (Supp. 1987) (minimum mandatory sentencing required upon conviction of sodomy on a child).”
State v. Fulton, 742 P.2d 1208 (Utah 1987). · cites it 6× “Utah Code Ann. § 76-5-403.1 (1986). His claims are as follows: (i) his confession was involuntary and should have been suppressed; (ii) the results of a favorable polygraph examination should have been admitted; (iii) because the State did not establish the date of the incident…”
State v. Popp, 2019 UT App 173 (Utah Ct. App. 2019). · cites it 2× “Popp Utah Code Ann. § 76-5-403.1 (1), these instructions did include a time element, specifying the period of time (“on or about January 2012 through December 2013”) in which F.”
State v. Smith, 777 P.2d 464 (Utah 1989). · cites it 12× “On July 24, 1986, defendant was charged with two counts of sodomy on a child, first degree felonies, in violation of Utah Code Ann. § 76-5-403.1 (Supp. 1988), and one count of forcible sexual abuse, a second degree felony, in violation of Utah Code Ann.”
State v. Bullock, 791 P.2d 155 (Utah 1989). · cites it 4× “NOTES [1] In violation of Utah Code Ann. § 76-5-404.1 (Supp. 1988) (amended 1989).”
State v. Bradley, 2002 UT App 348 (Utah Ct. App. 2002). · cites it 4× “OPINION DAVIS, Judge: ¶ 1 Appellant Milton Bradley (Bradley) appeals the convictions of one count of aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code Ann. § 76-5-404.1 (1999), and five counts of sodomy on a child, a first degree felony, in…”
State v. Wilcox, 808 P.2d 1028 (Utah 1991). · cites it 4× “See Utah Code Ann. §§ 76-5-403.1 , -404.1 (1990).”
People v. Baker, 229 Cal. Rptr. 3d 431 (Cal. Ct. App. 5th 2018). “(A)(1), (D)(1) [25-years-to-life for oral copulation of a child under 11]; Utah Code Ann. § 76-5-403.1 , subds. (1) & (2)(a) [25-years-to-life for oral copulation of a child under the age of 14].”
State v. Bastian, 765 P.2d 902 (Utah 1988). · cites it 10× “1988) violates the equal protection guarantees of both the United States and Utah Constitutions, and (2) the minimum mandatory sentence provision found in Utah Code Ann. § 76-5-403.1 (Supp.1988) is unconstitutional because it is cruel and unusual punishment as it is applied to…”
Show all 93 citing cases →
— Utah Code § 76-5-403.1(1) — 9 cases
State v. Peraza, 2020 UT 48 (Utah 2020).
State v. Hatch, 2019 UT App 203 (Utah Ct. App. 2019).
State v. Garcia-Mejia, 2017 UT App 129 (Utah Ct. App. 2017).
State v. Schmidt, 2015 UT 65 (Utah 2015).
State v. Toombs, 2016 UT App 188 (Utah Ct. App. 2016).
— Utah Code § 76-5-403.1(2) — 7 cases
State v. Bishop, 717 P.2d 261 (Utah 1986). “, 1953, § 76-5-403.1 in three separate trials and sentenced to three concurrent indeterminate sentences of five years to life.”
State v. Smith, 777 P.2d 464 (Utah 1989). “On July 24, 1986, defendant was charged with two counts of sodomy on a child, first degree felonies, in violation of Utah Code Ann. § 76-5-403.1 (Supp. 1988), and one count of forcible sexual abuse, a second degree felony, in violation of Utah Code Ann.”
State v. Larson, 775 P.2d 415 (Utah 1989). “Utah Code Ann. § 76-5-403.1 (Supp.1986) (amended 1988).”
State v. Cox, 2007 UT App 317 (Utah Ct. App. 2007).
State v. Toombs, 2016 UT App 188 (Utah Ct. App. 2016).
— Utah Code § 76-5-403.1(2)(a) — 5 cases
State v. Gray, 2016 UT App 87 (Utah Ct. App. 2016).
State v. Smith, 2024 UT 13 (Utah 2024).
In re C.N., 2023 UT App 41 (Utah Ct. App. 2023).
State v. Lintzen, 2015 UT App 68 (Utah Ct. App. 2015).
State v. Austin, 2025 UT App 51 (Utah Ct. App. 2025).
— Utah Code § 76-5-403.1(2)(a)(ii) — 1 case
State v. Camara, 2026 UT App 5 (Utah Ct. App. 2026).
— Utah Code § 76-5-403.1(2)(a)(iii) — 1 case
State v. Austin, 2025 UT App 51 (Utah Ct. App. 2025).
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