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

Utah Statutes

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

Utah·Title 76 Utah Criminal Code·Ch. 76-7 Offenses Against the Family·Part 76-7-1 Marital Violations

(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.