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

Utah Code § 76-5-403 (2026)

Forcible sodomy

✓ 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.
"Sodomy" means engaging in any sexual act with an individual who is 14 years old or older involving the genitals of one individual and the mouth or anus of another individual.
Terms defined in Section 76-1-101.5 apply to this section.
An actor commits forcible sodomy when the actor commits sodomy upon another individual without the other individual's consent.
Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
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 forcible sodomy the defendant caused serious bodily injury to the victim; or
at the time of the commission of the forcible sodomy, 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 forcible sodomy 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 58 cases (8 in the last 5 years), 1975–2026 · leading case: State v. Eldredge, 773 P.2d 29 (Utah 1989).
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State v. Eldredge, 773 P.2d 29 (Utah 1989). · cites it 8× “See Utah Code Ann. § 76-5-403 (Supp. 1979). At trial, several witnesses, including the victim, the victim's mother, and Harrison, testified for the prosecution.”
Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). · cites it 2× “§ 16-15-120 (1985); Utah- Utah Code Ann. § 76-5-403 (1995); Virginia-Va.”
State v. Finlayson, 956 P.2d 283 (Utah Ct. App. 1998). · cites it 6× “§ 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. Smith, 766 So. 2d 501 (La. 2000). · cites it 2× “06 (West 1989); Utah Code Ann. § 76-5-403 (1978); Va.Code Ann.”
State v. Pledger, 896 P.2d 1226 (Utah 1995). · cites it 4× “Utah Code Ann. § 76-5-403 . 2 . Although the alleged crime occurred in St.”
State v. Honie, 2002 UT 4 (Utah 2002). · cites it 2× “§ 76-5-403(2) (forcible sodomy); id. § 76-5-405 (aggravated sexual assault), and defendant admits that each of these statutes can be read generally as encompassing offenses against dead victims.”
Berg v. State, 2004 UT App 337 (Utah Ct. App. 2004). · cites it 4× “Berg admits that these acts violate Utah’s criminal laws against sodomy, see Utah Code Ann. § 76-5-403 (1) (2003), 1 and fornication, see Utah Code Ann.”
State v. Martin, 2002 UT 34 (Utah 2002). · cites it 2× “§ 76-5-302 (1999), and three counts of forcible sodomy, also a first degree felony, in violation of Utah Code Ann. § 76-5-403 (2) (1999). We reverse and remand.”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). · cites it 4× “2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor: (a) has sexual intercourse with the minor .”
State v. Lewis, 2020 UT App 132 (Utah Ct. App. 2020). · cites it 2× “See Utah Code Ann. § 76-5-403 (LexisNexis Supp.”
State v. Archuleta, 850 P.2d 1232 (Utah 1993). · cites it 2× “Utah Code Ann. § 76-5-403 . Hence, if a person commits sodomy or forcible sodomy in the course of a kidnapping, that person is guilty of aggravated kidnapping.”
State v. Scieszka, 897 P.2d 1224 (Utah Ct. App. 1995). · cites it 4× “BILLINGS, Judge: Joseph Robert Scieszka (defendant) appeals his forcible sodomy conviction, a first-degree felony, in violation of Utah Code Ann. § 76-5-403 (2) (1995). We affirm.”
Show all 58 citing cases →
— Utah Code § 76-5-403(1) — 6 cases
State v. LoPrinzi, 2014 UT App 256 (Utah Ct. App. 2014).
State v. Houston, 9 P.3d 188 (Utah Ct. App. 2000).
Calder v. State, 2022 UT App 67 (Utah Ct. App. 2022).
State v. Atkinson, 532 P.2d 215 (Utah 1975).
State v. Talbert, 2026 UT App 97 (Utah Ct. App. 2026).
— Utah Code § 76-5-403(1D) — 1 case
State v. LoPrinzi, 2014 UT App 256 (Utah Ct. App. 2014).
— Utah Code § 76-5-403(2) — 5 cases
State v. Honie, 2002 UT 4 (Utah 2002). “§ 76-5-403(2) (forcible sodomy); id. § 76-5-405 (aggravated sexual assault), and defendant admits that each of these statutes can be read generally as encompassing offenses against dead victims.”
State v. Finlayson, 956 P.2d 283 (Utah Ct. App. 1998). “§ 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. Denos, 2013 UT App 192 (Utah Ct. App. 2013).
State v. Finlayson, 2000 UT 10 (Utah 2000).
State v. Chrisman, 2011 UT App 189 (Utah Ct. App. 2011).
— Utah Code § 76-5-403(2)(a) — 1 case
State v. Vine, 2025 UT App 147 (Utah Ct. App. 2025).
— Utah Code § 76-5-403(4)(a) — 1 case
State v. Ruiz, 2012 UT App 42 (Utah Ct. App. 2012).
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