Section 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, regardless of whether the relationship is legally recognized;(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.Amended by Chapter 217, 2022 General Session ,§ 3, eff. 5/4/2022.Amended by Chapter 84, 2009 General Session.