Domestic Violence: Aggravated Sexual Assault

Degree

1^st Degree Felony in which imprisonment is mandatory.

Elements

A defendant commits aggravated sexual assault (domestic violence) if; in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the defendant:

• uses, or threatens the victim with the use of, a dangerous weapon;
• compels, or attempts to compel, the victim to submit to rape, object rape, forcible sodomy, or forcible sexual abuse, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons.

A defendant commits aggravated sexual assault (domestic violence) if; in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the defendant:

• causes serious bodily injury to any person;
• uses, or threatens the victim with the use of a dangerous weapon.
• attempts to compel the victim to submit to rape, object rape, or forcible sodomy, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons; or

In the course of attempted forcible sexual abuse, the defendant:

• causes serious bodily injury to any person;
• uses, or threatens the victim with the use of, a dangerous weapon.
• attempts to compel the victim to submit to forcible sexual abuse, by threat of kidnapping, death, or serious bodily injury to be inflicted imminently on any person; or
• is aided or abetted by one or more persons.

Fine

1^st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

For an aggravated sexual assault (domestic violence) when the underlying offense is rape, object rape, forcible sodomy or forcible sexual abuse:

• Not less than 15 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than:

• 10 years and which may be for life; or
• 6 years and which may be for life.

• Life without parole, if the judge finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of a grievous sexual offense.

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For an aggravated sexual assault (domestic violence) when the underlying offense is attempted rape, attempted object rape, or attempted forcible sodomy:

• Not less than 10 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than 6 years and which may be for life.
• Life without parole, if the judge finds that at the time of the commission of the aggravated sexual assault, the defendant was previously convicted of grievous sexual offense.

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For an aggravated sexual assault (domestic violence) when the underlying offense is forcible sexual abuse:

• Not less than 6 years and which may be for life unless the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the judge may impose a term of imprisonment of not less than 3 years and which may be for life.

Enhancement: If the Utah Courts find that a dangerous weapon was used in the commission of a felony, the minimum sentence will be increased by one year. (A minimum sentence of 0 years becomes a minimum of 1 year). Additionally, the maximum sentence for a 2^nd or 3^rd degree felony may be increased by 5 years.
(Utah Code Ann. §76-3-203.8(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

• Order defendant to participate in an electronic or other type of monitoring program; and/or
• Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

• Order cost of any services or treatment provided to the victim and affected children of the victim; and
• Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
  (Utah Code Ann. §77-36-5(3)(4) and (5))

Offender Registration

Lifetime registration.
(Utah Code Ann. §77-27-21.5(12)(c)(i)(A))

DNA Specimen

A defendant convicted of a 1^st degree felony aggravated sexual assault (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of aggravated sexual assault (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))