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

Utah Code § 76-5-405 (2026)

Aggravated sexual assault -- Penalty

✓ current as of May 2026
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Terms defined in Section 76-1-101.5 apply to this section.
An actor commits aggravated sexual assault if:
in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:
uses, or threatens another individual with the use of, a dangerous weapon;
compels, or attempts to compel, another individual to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or
is aided or abetted by one or more persons;
in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the actor:
causes serious bodily injury to any individual;
uses, or threatens the individual with the use of a dangerous weapon;
attempts to compel the individual to submit to rape, object rape, or forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or
is aided or abetted by one or more persons; or
in the course of an attempted forcible sexual abuse, the actor:
causes serious bodily injury to any individual;
uses, or threatens the individual with the use of a dangerous weapon;
attempts to compel the individual to submit to forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any individual; or
is aided or abetted by one or more persons.
A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of:
for an aggravated sexual assault described in Subsection (2)(a):
except as provided in Subsection (3)(a)(ii) or (4)(a), not less than 15 years and which may be for life; or
life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense;
for an aggravated sexual assault described in Subsection (2)(b):
except as provided in Subsection (3)(b)(ii) or (5)(a), not less than 10 years and which may be for life; or
life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense; or
for an aggravated sexual assault described in Subsection (2)(c):
except as provided in Subsection (3)(c)(ii) or (6)(a), not less than six years and which may be for life; or
life without parole, if the trier of fact finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.
If, when imposing a sentence under Subsection (3)(a)(i), a court finds that a lesser term than the term described in Subsection (3)(a)(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 provisions of Subsection (4)(a) do not apply when a defendant is sentenced under Subsection (3)(a)(ii).
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 six years and which may be for life.
The provisions of Subsection (5)(a) do not apply when a defendant is sentenced under Subsection (3)(b)(ii).
If, when imposing a sentence under Subsection (3)(c)(i), a court finds that a lesser term than the term described in Subsection (3)(c)(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 three years and which may be for life.
The provisions of Subsection (6)(a) do not apply when a defendant is sentenced under Subsection (3)(c)(ii).
Subsections (3)(a)(ii), (3)(b)(ii), and (3)(c)(ii) do not apply if the defendant was younger than 18 years old at the time of the offense.
Imprisonment under this section is mandatory in accordance with Section 76-3-406.
Notes of Decisions
Cited in 100 cases (4 in the last 5 years), 1975–2024 · leading case: State v. Egbert, 748 P.2d 558 (Utah 1987).
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State v. Egbert, 748 P.2d 558 (Utah 1987). · cites it 32× “The trial court was required to impose minimum mandatory prison terms for the aggravated sexual assault convictions under Utah Code Ann. § 76-5-405 (2) (Supp. 1983) (amended 1986).”
State v. Bryant, 965 P.2d 539 (Utah Ct. App. 1998). · cites it 15× “§ 76-6-302 (1995), aggravated sexual assault, a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1995) (amended 1996 & 1997), and aggravated burglary, a first degree felony, in violation of Utah Code Ann.”
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). · cites it 18× “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
State v. Gentry, 747 P.2d 1032 (Utah 1987). · cites it 8× “Defendant challenges the constitutionality of the minimum mandatory sentence provided for by Utah Code Ann. § 76-5-405 (Supp.1987). Defendant also claims that the trial court erred when it (1) failed to arrest judgment upon discovering that the verdict form signed by the jury…”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). · cites it 17× “See Utah Code Ann. § 76-5-405 (2) (LexisNexis 2012).”
State v. Ellifritz, 835 P.2d 170 (Utah Ct. App. 1992). · cites it 10× “OPINION GREENWOOD, Judge: Defendant, Duane Ellifritz, appeals from his conviction for aggravated sexual assault, a first degree felony, in violation of Utah Code Annotated section 76-5-405 (1990). We affirm. FACTS 1 During the night and early morning of June 11-12, 1990,…”
State v. Norton, 2020 UT 46 (Utah 2020). · cites it 13× “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. Loveless, 581 P.2d 575 (Utah 1978). · cites it 14× “ELLETT, Chief Justice (dissenting): The defendant was charged by an information with the crime of aggravated sexual assault under Section 76-5-405. At the time of the offense the pertinent statutes [1] read as follows: Section 76-5-405.”
State v. Shickles, 760 P.2d 291 (Utah 1988). · cites it 4× “Child kidnapping is *302 punishable by imprisonment for a minimum mandatory term of five, ten, or fifteen years. Upon conviction, § 76-3-201(5) [11] comes into consideration, and it is likewise couched in clear, unequivocal language.”
State v. Bell, 754 P.2d 55 (Utah 1988). · cites it 8× “See Utah Code Ann. § 76-5-405 (1) (Supp. 1983) (amended 1984, 1986 & 1987).”
State v. Garner, 2008 UT App 32 (Utah Ct. App. 2008). · cites it 7× “See Utah Code Ann. § 76-5-405 (Supp.2007). Defendant claims that the trial court abused its discretion by considering impermissible factors to elevate his sentence from the presumptive middle range of ten years to life to the upper range of fifteen years to life.”
State v. Wilder, 2018 UT 17 (Utah 2018). · cites it 2× “Yet, this court jumped over that test in Finlayson and adopted a common-law merger test, and then doubled down on that common-law version in Lee.”
Show all 100 citing cases →
— Utah Code § 76-5-405(1) — 9 cases
State v. Bryant, 965 P.2d 539 (Utah Ct. App. 1998). “§ 76-6-302 (1995), aggravated sexual assault, a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1995) (amended 1996 & 1997), and aggravated burglary, a first degree felony, in violation of Utah Code Ann.”
State v. S.H., 2002 UT 118 (Utah 2002).
S.H. v. State, 197 P.3d 636 (Utah 2008).
State v. Norton, 2020 UT 46 (Utah 2020). “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. John, 770 P.2d 994 (Utah 1989).
— Utah Code § 76-5-405(1)(a) — 1 case
State v. Ruiz, 2012 UT App 42 (Utah Ct. App. 2012).
— Utah Code § 76-5-405(1)(b)(i) — 1 case
State v. Ruiz, 2012 UT App 42 (Utah Ct. App. 2012).
— Utah Code § 76-5-405(1)(c) — 2 cases
State v. Hartmann, 783 P.2d 544 (Utah 1989).
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
— Utah Code § 76-5-405(2) — 8 cases
State v. Shickles, 760 P.2d 291 (Utah 1988). “Child kidnapping is *302 punishable by imprisonment for a minimum mandatory term of five, ten, or fifteen years. Upon conviction, § 76-3-201(5) [11] comes into consideration, and it is likewise couched in clear, unequivocal language.”
State v. Egbert, 748 P.2d 558 (Utah 1987). “The trial court was required to impose minimum mandatory prison terms for the aggravated sexual assault convictions under Utah Code Ann. § 76-5-405 (2) (Supp. 1983) (amended 1986).”
State v. Bell, 754 P.2d 55 (Utah 1988). “See Utah Code Ann. § 76-5-405 (1) (Supp. 1983) (amended 1984, 1986 & 1987).”
State v. Lebeau, 2014 UT 39 (Utah 2014).
State v. Garner, 2008 UT App 32 (Utah Ct. App. 2008). “See Utah Code Ann. § 76-5-405 (Supp.2007). Defendant claims that the trial court abused its discretion by considering impermissible factors to elevate his sentence from the presumptive middle range of ten years to life to the upper range of fifteen years to life.”
— Utah Code § 76-5-405(2)(a) — 3 cases
State v. Garner, 2008 UT App 32 (Utah Ct. App. 2008). “See Utah Code Ann. § 76-5-405 (Supp.2007). Defendant claims that the trial court abused its discretion by considering impermissible factors to elevate his sentence from the presumptive middle range of ten years to life to the upper range of fifteen years to life.”
State v. Raheem, 2024 UT App 29 (Utah Ct. App. 2024).
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
— Utah Code § 76-5-405(2)(a)(i) — 5 cases
State v. Norton, 2020 UT 46 (Utah 2020). “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-5-405 (2) (LexisNexis 2012).”
R.G. v. State, 416 P.3d 478 (Utah 2017).
In re R.G., 2017 UT 79 (Utah 2017).
In re D.G., 2017 UT 79 (Utah 2017).
— Utah Code § 76-5-405(2)(a)(iii) — 1 case
In Re D.A.M.G., 2023 UT App 101 (Utah Ct. App. 2023).
— Utah Code § 76-5-405(2)(b)(i) — 2 cases
State v. Norton, 2020 UT 46 (Utah 2020). “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-5-405 (2) (LexisNexis 2012).”
— Utah Code § 76-5-405(2)(c)(i) — 2 cases
State v. Norton, 2020 UT 46 (Utah 2020). “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-5-405 (2) (LexisNexis 2012).”
— Utah Code § 76-5-405(3)(a) — 2 cases
State v. Norton, 2020 UT 46 (Utah 2020). “” UTAH CODE § 76-5-405(1). “A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.”
State v. Norton, 2018 UT App 82 (Utah Ct. App. 2018). “See Utah Code Ann. § 76-5-405 (2) (LexisNexis 2012).”
— Utah Code § 76-5-405(5)(a) — 1 case
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
— Utah Code § 76-5-405(8)(a) — 1 case
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
— Utah Code § 76-5-405(8)(b) — 1 case
State v. Sessions, 2012 UT App 273 (Utah Ct. App. 2012). “OPINION McHUGH, Judge: 1 Ronnie Cyril Sessions appeals his convictions for one count of aggravated sexual assault, a first degree felony, see Utah Code Ann. § 76-5-405 (2008) (current version at id.”
— Utah Code § 76-5-405(b) — 2 cases
State v. Houston, 2015 UT 40 (Utah 2015).
State v. Houston, 2015 UT 36 (Utah 2015).
— Utah Code § 76-5-405(l)(a)(i) — 1 case
State v. King, 604 P.2d 923 (Utah 1979).
— Utah Code § 76-5-405(l)(b) — 1 case
State v. Bryant, 965 P.2d 539 (Utah Ct. App. 1998). “§ 76-6-302 (1995), aggravated sexual assault, a first degree felony, in violation of Utah Code Ann. § 76-5-405 (1995) (amended 1996 & 1997), and aggravated burglary, a first degree felony, in violation of Utah Code Ann.”
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