76-5-404. Forcible sexual abuse -- Penalties -- Limitations.
(1) As used in this section: "Female breast" means the same as that term is defined in Section 76-5-401.1 "Indecent liberties" means the same as that term is defined in Section. 76-5-401.1 Terms defined in Sectionapply to this section. 76-1-101.5
(2) Under circumstances not amounting to an offense listed in Subsection, an actor commits forcible sexual abuse if: (4) without the consent of the individual, the actor: touches the anus, buttocks, pubic area, or any part of the genitals of another individual; touches the female breast of another individual; or otherwise takes indecent liberties with another individual; the actor intends to: cause substantial emotional or bodily pain to any individual; or arouse or gratify the sexual desire of any individual; and the individual described in Subsection,, oris 14 years old or older. (2)(a)(i)(A) (B) (C) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection. (2)(a)
(3) A violation of Subsectionis a second degree felony, punishable by a term of imprisonment of not less than one year nor more than 15 years. (2) Notwithstanding Subsectionand except as provided in Subsection, a violation of Subsectionis a first degree felony, punishable by a term of imprisonment for 15 years and which may be for life, if the trier of fact finds that during the course of the commission of the forcible sexual abuse the actor caused serious bodily injury to the victim. (3)(a) (3)(b)(ii) (2) If, when imposing a sentence under Subsection, a court finds that a lesser term than the term described in Subsectionis 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: (3)(b)(i) (3)(b)(i) 10 years and which may be for life; or six years and which may be for life.
(4) The offenses referred to in Subsectionare: (2)(a) rape, in violation of Section; 76-5-402 object rape, in violation of Section; 76-5-402.2 forcible sodomy, in violation of Section; or 76-5-403 an attempt to commit an offense listed in Subsectionsthrough. (4)(a) (4)(c)
(5) Imprisonment under Subsectionoris mandatory in accordance with Section. (3)(b) (4) 76-3-406