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).