Utah Code
Utah Code § 76-5-404 (2026)
Forcible sexual abuse -- Penalties -- Limitations
✓ current as of May 2026
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As used in this section:
"Female breast" means the same as that term is defined in Section 76-5-401.1
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
Terms defined in Section 76-1-101.5 apply to this section.
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits forcible sexual abuse if:
without the consent of the individual, the actor:
touches the anus, buttocks, pubic area, or any part of the genitals of another individual;
touches the female breast of another individual; or
otherwise takes indecent liberties with another individual;
the actor intends to:
cause substantial emotional or bodily pain to any individual; or
arouse or gratify the sexual desire of any individual; and
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) is a second degree felony, punishable by a term of imprisonment of not less than one year nor more than 15 years.
Notwithstanding Subsection (3)(a) and except as provided in Subsection (3)(b)(ii), a violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the actor caused serious bodily injury to the victim.
If, when imposing a sentence under Subsection (3)(b)(i), a court finds that a lesser term than the term described in Subsection (3)(b)(i) 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 offenses referred to in Subsection (2)(a) are:
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
Notes of Decisions
Cited in 122
cases (15 in the last 5 years), 1974–2026 · leading case: State v. Bishop, 753 P.2d 439 (Utah 1988).
State v. Bishop, 753 P.2d 439 (Utah 1988). “, where we dealt with the forcible sexual abuse statute (section 76-5-404), as opposed to the sexual abuse of a child statute (section 76-5-404.”
State v. Tulley, 2018 UT 35 (Utah 2018). “UTAH CODE § 76-5-404(1) (2017) (emphasis added). 8 ¶48 The definition of forcible sexual abuse contemplates two degrees of the crime: one where a defendant causes serious bodily injury to another and one that does not.”
State v. Hirschi, 2007 UT App 255 (Utah Ct. App. 2007). “1 11 Hirschi was charged with forcible sexual abuse, a second degree felony, see Utah Code Ann. § 76-5-404 (1), (2) (2008), and aggravated assault, a third degree felony, see id.”
State v. Hildreth, 2010 UT App 209 (Utah Ct. App. 2010). “OPINION DAVIS, Presiding Judge: ¶ 1 Grant Hildreth challenges his convictions for two counts of forcible sexual abuse, a second degree felony, see Utah Code Ann. § 76-5-404 (2008). Specifically, he argues that the trial court abused its discretion by denying his motion for…”
State v. Balfour, 2008 UT App 410 (Utah Ct. App. 2008). “BACKGROUND 1 2 On February 8, 2005, the State charged Balfour by information with two counts of forcible sexual abuse, a second degree felony, see Utah Code Ann. § 76-5-404 (2008) (current version as amended at Utah Code Ann.”
State in Interest of LGW, 641 P.2d 127 (Utah 1982). “, 1953, § 76-5-404, which defines the crime of forcible sexual abuse.”
State in Interest of JLS, 610 P.2d 1294 (Utah 1980). “MAUGHAN, Justice: This appeal is from a judgment of the Third District Juvenile Court finding the defendant guilty of taking indecent liberties with a named minor in violation of Section 76-5-404. We reverse. All statutory references are to Utah Code Annotated, 1953, as amended.”
State v. Peters, 796 P.2d 708 (Utah Ct. App. 1990). “That statute reads as follows: (1) A person commits forcible sexual abuse if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or sodomy, the actor touches the anus, buttocks, or any part of the genitals…”
State v. Ray, 2017 UT App 78 (Utah Ct. App. 2017). “See Utah Code Ann. § 76-5-404 (2)(a) (Lexis-Nexis 2012).”
State v. Cooley, 603 P.2d 800 (Utah 1979). “WILKINS, Justice: Defendant was convicted of forcible sexual abuse in violation of Section 76-5-404, [1] *801 by the District Court for Utah County, sitting without a jury, and he appeals.”
State v. Jacobs, 2006 UT App 356 (Utah Ct. App. 2006). “See Utah Code Ann. § 76-5-404 (2003). Jacobs argues that the trial court erred in instructing the jury that evidence of skin contact was not necessary for his conviction.”
State v. Heath, 2019 UT App 186 (Utah Ct. App. 2019). “Utah Code Ann. § 76-5-404 (1) (LexisNexis 2012).”
— Utah Code § 76-5-404(1) — 29 cases
State v. Bishop, 753 P.2d 439 (Utah 1988). “, where we dealt with the forcible sexual abuse statute (section 76-5-404), as opposed to the sexual abuse of a child statute (section 76-5-404.”
State v. Hirschi, 2007 UT App 255 (Utah Ct. App. 2007). “1 11 Hirschi was charged with forcible sexual abuse, a second degree felony, see Utah Code Ann. § 76-5-404 (1), (2) (2008), and aggravated assault, a third degree felony, see id.”
State v. Tulley, 2018 UT 35 (Utah 2018). “UTAH CODE § 76-5-404(1) (2017) (emphasis added). 8 ¶48 The definition of forcible sexual abuse contemplates two degrees of the crime: one where a defendant causes serious bodily injury to another and one that does not.”
State v. Ray, 2020 UT 12 (Utah 2020).
State in Interest of JLS, 610 P.2d 1294 (Utah 1980). “MAUGHAN, Justice: This appeal is from a judgment of the Third District Juvenile Court finding the defendant guilty of taking indecent liberties with a named minor in violation of Section 76-5-404. We reverse. All statutory references are to Utah Code Annotated, 1953, as amended.”
— Utah Code § 76-5-404(2) — 4 cases
State v. Rallison, 2023 UT App 34 (Utah Ct. App. 2023).
State v. Tulley, 2018 UT 35 (Utah 2018). “UTAH CODE § 76-5-404(1) (2017) (emphasis added). 8 ¶48 The definition of forcible sexual abuse contemplates two degrees of the crime: one where a defendant causes serious bodily injury to another and one that does not.”
State v. Macleod, 2024 UT App 32 (Utah Ct. App. 2024).
State v. Brotherson, 2020 UT App 97 (Utah Ct. App. 2020).
— Utah Code § 76-5-404(2)(a) — 5 cases
State v. Tulley, 2018 UT 35 (Utah 2018). “UTAH CODE § 76-5-404(1) (2017) (emphasis added). 8 ¶48 The definition of forcible sexual abuse contemplates two degrees of the crime: one where a defendant causes serious bodily injury to another and one that does not.”
State v. Zimpfer, 2024 UT App 136 (Utah Ct. App. 2024).
State v. Moore, 289 P.3d 487 (Utah 2012).
State v. Moore, 2009 UT App 386 (Utah Ct. App. 2009).
State v. Latu, 2025 UT App 60 (Utah Ct. App. 2025).
— Utah Code § 76-5-404(2)(a)(i) — 1 case
State v. Francis, 2025 UT App 104 (Utah Ct. App. 2025).
— Utah Code § 76-5-404(2)(a)(i)(A) — 1 case
State v. Latu, 2025 UT App 60 (Utah Ct. App. 2025).
— Utah Code § 76-5-404(2)(a)(i)(B) — 1 case
In Re D.A.M.G., 2023 UT App 101 (Utah Ct. App. 2023).
— Utah Code § 76-5-404(2)(b) — 2 cases
State v. Tulley, 2018 UT 35 (Utah 2018). “UTAH CODE § 76-5-404(1) (2017) (emphasis added). 8 ¶48 The definition of forcible sexual abuse contemplates two degrees of the crime: one where a defendant causes serious bodily injury to another and one that does not.”
State v. Ray, 2022 UT App 95 (Utah Ct. App. 2022).
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