Utah Code
Utah Code § 76-7-102 (2026)
Incest -- Definitions -- Penalty
✓ current as of May 2026
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As used in this section:
"Provider" means a person who provides or makes available his seminal fluid or her human egg.
"Related person" means a person related to the provider or actor as an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin, and includes:
blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
the relationship of parent and child by adoption; and
the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
An actor is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, the actor knowingly and intentionally:
provides a human egg or seminal fluid under Subsection (2)(b)(v).
Conduct referred to under Subsection (2)(a) is:
sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;
the insertion or placement of the provider's seminal fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
providing or making available his seminal fluid for the purpose of insertion or placement of the fluid into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
a woman 18 years of age or older who:
knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
knows that the seminal fluid is that of a person with whom she has kinship as a related person; or
providing the actor's sperm or human egg that is used to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.
This Subsection (2) does not prohibit providing a fertilized human egg if the provider of the fertilizing sperm is not a related person regarding the person providing the egg.
Incest is a third degree felony.
A provider under this section is not a donor under Section 81-5-702.
Notes of Decisions
Cited in 9
cases, 1989–2014 · leading case: State v. Montoya, 910 P.2d 441 (Utah Ct. App. 1996).
State v. Montoya, 910 P.2d 441 (Utah Ct. App. 1996). “Utah Code Ann. § 76-7-102 (1990). Montoya argues that the “repugnancy” rule applies to this case because he is otherwise forced to defend against “rape” and “not rape.”
State v. Montoya, 887 P.2d 857 (Utah 1994). “Utah Code Ann. § 76-7-102 . 3 . On its own motion, the court dismissed the charge of aggravated sexual assault without prejudice, preserving the State's right to recharge Montoya if he prevails on his "improper charge” arguments.”
State v. Montoya, 858 P.2d 1027 (Utah Ct. App. 1993). “§ 76-5-405 (1990), and incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102 (1990). In September 1991, defendant filed a motion "to compel the state to elect which charge they intend to proceed on prior to trial.”
State v. Ansari, 2004 UT App 326 (Utah Ct. App. 2004). “”) (reviewing Utah Code Ann. § 76-7-102 prohibiting incest).”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “02 (West 2003); Utah Code Ann. § 76-7-102 (Lexis 1982); Wash.”
Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah 1992). “1, that was reported to a law enforcement agency prior to the abortion; (c) the pregnancy is the result of incest, as defined by Subsection 76-5-406(10) or Section 76-7-102, and the incident was reported to a law enforcement agency prior to the abortion; (d) in the professional…”
State v. Barela, 779 P.2d 1140 (Utah Ct. App. 1989). “OPINION BILLINGS, Judge: Defendant Eddie Walter Barela appeals from his conviction of incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102 (1989). Defendant contends the trial court violated his constitutional right of confrontation by admitting the victim’s…”
State v. Kingston, 2002 UT App 103 (Utah Ct. App. 2002). “, Judge: [1 Appellant David Kingston (Kingston) appeals from convictions for Incest, a third degree felony, in violation of Utah Code Ann. § 76-7-102 (1999), and Unlawful Sexual Conduct with a Sixteen or Seventeen Year-Old, a third degree felony, in violation of Utah Code Ann.”
Nguyen v. Holder, 21 N.E.3d 1023 (NY 2014). “201 (3), (4); Utah Code Ann § 76-7-102 (1) (b) (i); Va Code Ann § 20-38.”
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