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

Utah Statutes

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

Utah § 76-7-102

Title 76Utah Criminal Code

Ch. 76-7Offenses Against the Family

Part 76-7-1Marital Violations

This text of Utah § 76-7-102 (Incest -- Definitions -- Penalty.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-7-102 (2026).

Text

(1)As used in this section:

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

(1)(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:

(1)(b)(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;

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

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

(2)(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 intention

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(1) As used in this section:
(1)(a) "Provider" means a person who provides or makes available his seminal fluid or her human egg.
(1)(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:
(1)(b)(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
(1)(b)(ii) the relationship of parent and child by adoption; and
(1)(b)(iii) the relationship of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(2) (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:
(2)(a)(i) engages in conduct under Subsection (2)(b)(i), (ii), (iii), or (iv); or
(2)(a)(ii) provides a human egg or seminal fluid under Subsection (2)(b)(v).
(2)(b) Conduct referred to under Subsection (2)(a) is:
(2)(b)(i) sexual intercourse between the actor and a person the actor knows has kinship to the actor as a related person;
(2)(b)(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;
(2)(b)(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;
(2)(b)(iv) a woman 18 years of age or older who:
(2)(b)(iv)(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
(2)(b)(iv)(B) knows that the seminal fluid is that of a person with whom she has kinship as a related person; or
(2)(b)(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.
(2)(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 81-5-702.