76-3-407. Repeat and habitual sex offenders -- Additional prison term for prior felony convictions. -- Mandatory imprisonment for entire term of imprisonment.
(1) As used in this section: "Prior sexual offense" means: a felony offense described in; Chapter 5, Part 4, Sexual Offenses sexual exploitation of a minor, Section; 76-5b-201 aggravated sexual exploitation of a minor, Section; 76-5b-201.1 possession of apparent child sexual abuse material, Section; 76-5b-207 distribution of apparent child sexual abuse material, Section; 76-5b-208 unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section; 76-5b-209 a felony attempt to commit an offense described in Subsectionsthrough; or (1)(a)(i)(A) (F) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsectionsthrough (G). (1)(a)(i)(A) "Prior sexual offense" does not include: lewdness, as described in Section; or 76-5-419 lewdness involving a child, as described in Section. 76-5-420 "Sexual offense" means: an offense that is a second or third degree felony, or an attempted offense, which attempt is a second or third degree felony, described in; Chapter 5, Part 4, Sexual Offenses sexual exploitation of a minor, Section; 76-5b-201 aggravated sexual exploitation of a minor, Section; 76-5b-201.1 possession of apparent child sexual abuse material, Section; 76-5b-207 distribution of apparent child sexual abuse material, Section; 76-5b-208 unlawful activity regarding obscene material depicting the sexual abuse of a minor, Section; 76-5b-209 a felony attempt to commit an offense described in Subsectionsthrough (F); or (1)(b)(i)(B) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsectionsthrough (G). (1)(b)(i)(A) "Sexual offense" does not include: lewdness, as described in Section; or 76-5-419 lewdness involving a child, as described in Section. 76-5-420
(2) Notwithstanding any other provision of law, the minimum and maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that: the defendant was convicted of a prior sexual offense; and the defendant was convicted of the prior sexual offense described in Subsectionbefore the defendant committed the sexual offense for which the defendant is being sentenced. (2)(a)
(3) The increased term described in Subsectionshall be in addition to, and consecutive to, any other prison term served by the defendant. (2)
(4) If a defendant's conviction is increased under this section, the defendant's entire sentence for the conviction is subject to mandatory imprisonment under Section. 76-3-406