Section 76-5-402.2 - Object rape - Penalties(1) Terms defined in Section 76-1-101.5 apply to this section.(2) An actor commits object rape if: (a) the actor: (i) acts without an individual's consent;(ii) causes the penetration, however slight, of the genital or anal opening of the individual by: (E) a part of the human body other than the mouth or genitals; and(iii)(A) intends to cause substantial emotional or bodily pain to the individual; or(B) intends to arouse or gratify the sexual desire of any individual; and(b) the individual described in Subsection (2)(a)(i) is 14 years old or older.(3) A violation of Subsection (2) is a first degree felony, punishable by a term of imprisonment of: (a) except as provided in Subsection (3)(b) or (c), not less than five years and which may be for life;(b) except as provided in Subsection (3)(c) or (4), 15 years and which may be for life, if the trier of fact finds that: (i) during the course of the commission of the object rape the defendant caused serious bodily injury to the victim; or(ii) at the time of the commission of the object rape, the defendant was younger than 18 years old and was previously convicted of a grievous sexual offense; or(c) life without parole, if the trier of fact finds that at the time of the commission of the object rape, the defendant was previously convicted of a grievous sexual offense.(4) If, when imposing a sentence under Subsection (3)(b), a court finds that a lesser term than the term described in Subsection (3)(b) 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: (a) 10 years and which may be for life; or(b) six years and which may be for life.(5) The provisions of Subsection (4) do not apply if a defendant is sentenced under Subsection (3)(a) or (c).(6) Imprisonment under Subsection (3)(b), (3)(c), or (4) is mandatory in accordance with Section 76-3-406.Amended by Chapter 181, 2022 General Session ,§ 83, eff. 5/4/2022.Amended by Chapter 81, 2013 General Session ,§ 6, eff. 5/14/2013.Amended by Chapter 340, 2008 General Session