1st or 2nd Degree Felony.
A defendant commits a 2nd degree felony forcible sexual abuse (domestic violence) if the victim is 14 years of age or older and, under circumstances not amounting to rape, object rape, sodomy, or attempted rape or attempted sodomy, the defendant touches the anus, buttocks, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, or causes another to take indecent liberties with the actor or another, with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, without the consent of the other.
A defendant commits a 1st degree felony forcible sexual abuse (domestic violence) if in the commission of the forcible sexual abuse the defendant causes serious bodily injury.
1st or 2nd 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)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
2nd degree felony: Not less than 1 year nor more than 15 years.
1st degree felony: 15 years and which may be for life, if the judge finds that during the course of the commission of the forcible sexual abuse the defendant caused serious bodily injury to another. However, if the judge finds that a lesser term is in the interest of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
Must register for the duration of the sentence and 10 years after the sentence is complete.
(Utah Code Ann. §77-27-21.5(12)(a))
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))
In addition to penalties otherwise provided by law, the court may:
The court will:
A defendant convicted of forcible sexual abuse (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of forcible sexual abuse (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))
Learn more about crimes related to Forcible Sexual Abuse (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.