(1) A person commits sodomy upon a child if the actor engages in any sexual act upon or with a child who is under the age of 14, involving the genitals or anus of the actor or the child and the mouth or anus of either person, regardless of the sex of either participant.
(2) Sodomy upon a child is a first degree felony punishable by a term of imprisonment of: (a) except as provided in Subsections (2)(b) and (4), not less than 25 years and which may be for life; or (b) life without parole, if the trier of fact finds that: (i) during the course of the commission of the sodomy upon a child the defendant caused serious bodily injury to another; or (ii) at the time of the commission of the sodomy upon a child, the defendant was previously convicted of a grievous sexual offense.
(a) except as provided in Subsections (2)(b) and (4), not less than 25 years and which may be for life; or
(b) life without parole, if the trier of fact finds that: (i) during the course of the commission of the sodomy upon a child the defendant caused serious bodily injury to another; or (ii) at the time of the commission of the sodomy upon a child, the defendant was previously convicted of a grievous sexual offense.
(i) during the course of the commission of the sodomy upon a child the defendant caused serious bodily injury to another; or
(ii) at the time of the commission of the sodomy upon a child, the defendant was previously convicted of a grievous sexual offense.
(3) Subsection (2)(b) does not apply if the defendant was younger than 18 years of age at the time of the offense.
(4) (a) When imposing a sentence under Subsection (2)(a) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if: (i) it is a first time offense for the defendant under this section; (ii) the defendant was younger than 21 years of age at the time of the offense; and (iii) the court finds that a lesser term than the term described in Subsection (2)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record. (b) If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than: (i) 15 years and which may be for life; (ii) 10 years and which may be for life; or (iii) six years and which may be for life.
(a) When imposing a sentence under Subsection (2)(a) and (4)(b), a court may impose a term of imprisonment under Subsection (4)(b) if: (i) it is a first time offense for the defendant under this section; (ii) the defendant was younger than 21 years of age at the time of the offense; and (iii) the court finds that a lesser term than the term described in Subsection (2)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
(i) it is a first time offense for the defendant under this section;
(ii) the defendant was younger than 21 years of age at the time of the offense; and
(iii) the court finds that a lesser term than the term described in Subsection (2)(a) is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and states the reasons for this finding on the record.
(b) If the conditions of Subsection (4)(a) are met, the court may impose a term of imprisonment of not less than: (i) 15 years and which may be for life; (ii) 10 years and which may be for life; or (iii) six years and which may be for life.
(i) 15 years and which may be for life;
(ii) 10 years and which may be for life; or
(iii) six years and which may be for life.
(5) Imprisonment under this section is mandatory in accordance with Section 76-3-406.
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