HENRIOD, Chief Justice:
Appeal from a jury trial conviction of violation of Title 76-5-404 (Forcible Sexual Abuse), Utah Code Annotated 1953, as amended, — a third-degree felony.
Defendant urges that the trial court erred in not requiring the State to prove absence of rape and attempted rape, — both third-degree felonies, — as a condition precedent to conviction of the 76-5-404 offense charged, which reads:
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