Is Sexual Assault a Felony?
Understanding the Weight of Sexual Assault Charges
Facing a sexual assault accusation is one of the most frightening and life-altering experiences a person can go through. Beyond the immediate shock, the first question most people ask is: Is sexual assault a felony? The answer is yes, and the consequences are serious.
If you are in Salt Lake City or anywhere in Utah and have been accused of sexual assault, you are not alone. This guide will walk you through what makes sexual assault a felony, the different degrees under Utah law, the penalties involved, and what steps to take next.
What We’ll Cover:
- Is Sexual Assault Always a Felony?
- How Utah Defines Sexual Assault
- Degrees of Sexual Assault Felonies
- Penalties and Long-Term Consequences
- What To Do If You’re Accused of Sexual Assault
- Common Questions About Sexual Assault Charges
- Protecting Your Rights with Legal Help
Is Sexual Assault Always a Felony?
The short answer is yes. Sexual assault is classified as a felony in Utah and in nearly every state across the country. Unlike misdemeanors, felony charges carry heavier penalties, longer prison sentences, and lifelong consequences such as mandatory registration on the sex offender registry.
In Utah, sexual assault is defined as engaging in sexual intercourse with another person without their consent. Consent is the critical legal line, and its absence is what elevates the crime to a felony-level offense.
According to Utah Code § 76-5-402, rape and sexual assault are prosecuted as felonies with penalties that vary depending on the severity of the case.
How Utah Defines Sexual Assault
Utah law sets out strict guidelines for sexual assault. Under Utah Code Title 76, Chapter 5, Part 4 – Sexual Offenses, sexual assault is a second-degree felony by default. However, it can be escalated depending on certain factors such as:
- If a weapon was used
- If serious bodily harm occurred
- If the victim was underage
- If there are repeat offenses
These circumstances can elevate the charge to the first-degree felony category, carrying more severe penalties.
For more details, see our guide on grievous sexual offenses.
Degrees of Sexual Assault Felonies
Sexual assault isn’t treated the same in every case. Utah law breaks it into degrees based on severity:
First-Degree Felony
- Involves aggravating factors such as weapons or extreme force
- Punishable by 5 years to life in prison
- Lifetime sex offender registration
Second-Degree Felony
- The most common classification for sexual assault in Utah
- Punishable by 1 to 15 years in prison
- Heavy fines and required sex offender registration
Third-Degree Felony (less common)
- Applies when specific mitigating circumstances exist
- Punishable by up to 5 years in prison
- Still results in a criminal record and registry requirements
Learn more about penalties for sex offenses in Utah.
Penalties and Long-Term Consequences
The penalties go far beyond prison time. Being convicted of sexual assault in Utah can affect every part of your life.
- Prison time: From 1 year to life, depending on the degree
- Fines: Often reaching tens of thousands of dollars
- Probation and parole: Long-term supervision after release
- Sex offender registration: Limits where you can live, work, and travel
- Reputation damage: Stigma and social judgment that never fully fades
If convicted, you may also face challenges with the Utah sex offender registry, which has strict reporting requirements and can limit housing, employment, and travel.
What To Do If You’re Accused of Sexual Assault
If you’ve been accused, your actions in the first 24 hours matter. Here’s what to focus on:
- Do not talk to police without an attorney present. Anything you say can be used against you.
- Avoid contact with the accuser. This can escalate the situation or lead to additional charges.
- Preserve evidence. Texts, emails, and witness accounts may be critical to your defense.
- Contact a defense lawyer immediately. Sexual assault cases are complex and require experienced representation.
At Wasatch Defense Lawyers, we’ve represented countless individuals facing sexual assault accusations. With more than 650 trials behind us, we know how to protect your rights and fight for the best possible outcome.
If you’re wondering how defense strategies work, see our resource on what to do if you are falsely accused of a sexual crime in Utah.
Building Trust and Authority
Legal knowledge is one thing, but courtroom experience is another. Our team has been recognized as one of the most trusted criminal defense firms in Utah, with more five-star reviews than any other defense firm in the state.
That credibility matters because prosecutors aggressively pursue sexual assault cases. Having an attorney who understands both the law and the strategy to defend against it can mean the difference between prison and freedom.
Explore more about our winning strategy.
Ready to Take the Next Step?
If you’re facing sexual assault charges, don’t wait. Every moment counts in building a strong defense.
- Free case reviews, available 24/7
- Private, confidential consultations
- Trial-tested defense strategies
Take control of your future before the system makes decisions on your behalf.
✅ Call us today at (801) 980-9965 for a free consultation.
Frequently Asked Questions About Sexual Assault Felonies
Protecting Your Future Starts Now
Sexual assault charges carry lifelong consequences, but you don’t have to face them alone. The most important step you can take right now is speaking with a defense attorney who understands the law and will fight to protect your rights.
At Wasatch Defense Lawyers, we combine decades of trial experience with compassionate representation. If you or a loved one has been accused, now is the time to act.
✅ Contact us today for your free, confidential consultation.
These articles often involve legal incidents that require a criminal defense strategy that defense the rights of one or more of the parties involved.
Wasatch Defense Lawyers has a robust team of lawyers and an advanced network of legal resources that make our legal defense strategy very effective. Our team can answer any legal questions you have with no obligation. Our law firm provides a free confidential consultation to victims and their families.
- Is Sexual Assault a Felony? - October 8, 2025
- Defense Strategies for Assault Charges: Your Legal Lifeline - November 6, 2024
- 5 Things to Know About Search Warrants in Utah - March 25, 2024
About Post Author
