Aggravated Sexual Assault Utah Defense Attorney

Salt Lake City Aggravated Sexual Assault Defense Lawyer

Aggravated sexual assault is a very serious crime in Utah, and can be very easily charged. If you, or a loved on has been charged with this crime, please call us now at 801-364-6454.

Here is how Utah defines aggravated sexual assault:

 

Aggravated sexual assault (§ 76-5-405).

• 1) A person commits aggravated sexual assault if:
• a) in the course of a rape, object rape, forcible sodomy, or forcible sexual abuse, the actor:
• i) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;
• ii) compels, or attempts to compel, the victim 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 person; or
• iii) is aided or abetted by one or more persons;
• b) in the course of an attempted rape, attempted object rape, or attempted forcible sodomy, the actor:
• i) causes serious bodily injury to any person;
• ii) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;
• iii) attempts to compel the victim to submit to rape, object rape, or forcible sodomy, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or
• iv) is aided or abetted by one or more persons; or
• c) in the course of an attempted forcible sexual abuse, the actor:
• i) causes serious bodily injury to any person;
• ii) uses, or threatens the victim with the use of, a dangerous weapon as defined in Section 76-1-601;
• iii) attempts to compel the victim to submit to forcible sexual abuse, by threat of kidnaping, death, or serious bodily injury to be inflicted imminently on any person; or
• iv) is aided or abetted by one or more persons.
• 2) Aggravated sexual assault is a first degree felony, punishable by a term of imprisonment of:
• a) for an aggravated sexual assault described in Subsection (1)(a):
• i) except as provided in Subsection (2)(a)(ii) or (3)(a), not less than 15 years and which may be for life; or
• ii) 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;
• b) for an aggravated sexual assault described in Subsection (1)(b):
• i) except as provided in Subsection (2)(b)(ii) or (4)(a), not less than 10 years and which may be for life; or
• ii) 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
• c) for an aggravated sexual assault described in Subsection (1)(c):
• i) except as provided in Subsection (2)(c)(ii) or (5)(a), not less than six years and which may be for life; or
• ii) 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.
• 3) (a) If, when imposing a sentence under Subsection (2)(a)(i), a court finds that a lesser term than the term described in Subsection (2)(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:
• i) 10 years and which may be for life; or
• ii) six years and which may be for life.
• b) The provisions of Subsection (3)(a) do not apply when a person is sentenced under Subsection (2)(a)(ii).
• 4) (a) If, when imposing a sentence under Subsection (2)(b)(i), a court finds that a lesser term than the term described in Subsection (2)(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.
• b) The provisions of Subsection (4)(a) do not apply when a person is sentenced under Subsection (2)(b)(ii).
• 5) (a) If, when imposing a sentence under Subsection (2)(c)(i), a court finds that a lesser term than the term described in Subsection (2)(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.
• b) The provisions of Subsection (5)(a) do not apply when a person is sentenced under Subsection (2)(c)(ii).
• 6) Imprisonment under this section is mandatory in accordance with Section 76-3-406.

And remember this:

76-5-406.   Sexual offenses against the victim without consent of victim – Circumstances.

An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child, attempted object rape of a child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy upon a child, attempted sodomy upon a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:

• 1) the victim expresses lack of consent through words or conduct