Sexual Crime Amendments

Added a new definition of 'incapacitated adult' covering individuals with intellectual, physical, neurological, or cognitive diseases or defects who cannot appraise, resist, or report sexual acts.

Modified sentencing requirements to mandate 15 years to life imprisonment when rape or object rape is committed against an incapacitated adult.

Modified sentencing requirements to mandate life without parole if the defendant has a prior conviction for a grievous sexual offense.

Made technical and conforming changes to align the object rape statute with the updated rape statute provisions.

Fixed formatting errors and inconsistent line breaks in the statutory text for Sections 76-5-402, 76-5-402.2, and 76-5-403 to improve readability and legal clarity.

Clarified the definition of 'incapacitated individual' in rape and object rape statutes to ensure consistent application when determining enhanced sentencing.

Corrected cross-references between subsections regarding sentencing enhancements for defendants under 18 with prior convictions, ensuring the law applies consistently across different sexual offense charges.

Added effective date provision stating the bill takes effect on May 7, 2025.

Changed the term 'incapacitated adult' to 'incapacitated individual' in Section 76-5-402 to broaden the definition and remove age-based limitations on who can be considered incapacitated.

Reorganized sentencing tiers in Section 76-5-402 for rape, adjusting the order and thresholds for enhanced penalties when victims are incapacitated or when defendants have prior convictions.

Added Section 76-3-406 to explicitly list specific subsections of rape, object rape, and forcible sodomy as offenses where probation, suspended sentences, or reduced sentencing categories are prohibited.

Added Senate Sponsor name and updated effective date to May 7, 2025, along with technical formatting changes throughout the enrolled version.