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Incest

Utah Code Section: 76-7-102

Elements

 

76-7-102.  Incest -- Definitions -- Penalty. 

(1)As used in this section:

(a)"Provider" means a person who provides or makes available his seminal fluid or her human egg.

(b)"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:

(i)blood relationships of the whole or half blood without regard to legitimacy;

(ii)the relationship of parent and child by adoption; and

(iii)the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.

(2)(a)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:

(i)engages in conduct under Subsection (2)(b)(i)(ii)(iii), or (iv); or

(ii)provides a human egg or seminal fluid under Subsection (2)(b)(v).

(b)Conduct referred to under Subsection (2)(a) is:

(i)sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;

(ii)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;

(iii)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;

(iv)a woman 18 years of age or older who:

(A)knowingly allows the insertion of the seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and

(B)knows that the seminal fluid is that of a person with whom she has kinship as a related person; or

(v)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.

(c)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.

(3)Incest is a third degree felony.

(4)A provider under this section is not a donor under Section 78B-15-702.

 

 

Jail/Prison time, fines & restitution

 

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Prohibition of Firearms

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Sex Offender Registration

 

 

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Defenses

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DNA Specimen

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Removal from Sex Offender Registry in 5 Years

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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

 

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

 

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).