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(1) As used in this section, “qualifying sexual offense” means:
(a) an offense described in Chapter 5, Part 4, Sexual Offenses;
(b) Section 76-9-702, lewdness;
(c) Section 76-9-702.1, sexual battery; or
(d) Section 76-9-702.5, lewdness involving a child.
(2)(a) This Subsection (2) only applies prospectively to an individual sentenced on or after May 10, 2016.
(b) Notwithstanding any provision of law, an individual may not be sentenced to life without parole if:
(i) the individual is convicted of a crime punishable by life without parole; and
(ii) at the time the individual committed the crime, the individual was less than 18 years old.
(c) The maximum punishment that may be imposed on an individual described in Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for life.
(3) Except as provided in Subsection (4), if an individual is convicted in district court of a qualifying sexual offense and, at the time of the offense, the individual was at least 14 years old, but under 18 years old:
(a) the individual is not, based on the conviction, subject to the registration requirements described in Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(b) the district court shall impose a sentence consistent with the disposition that would have been made in juvenile court; and
(c) the district court may not impose incarceration unless the court enters specific written findings that incarceration is warranted based on a totality of the circumstances, taking into account:
(i) the time that elapsed after the individual committed the offense;
(ii) the age of the individual at the time of the offense;
(iii) the age of the victim at the time of the offense;
(iv) the criminal history of the individual after the individual committed the offense;
(v) any treatment assessments or validated risk tools; and
(vi) public safety concerns.
(4) Subsection (3) does not apply if:
(a) before the individual described in Subsection (3) is convicted of the qualifying sexual offense, the individual is convicted of a qualifying sexual offense that the individual committed when the individual was 18 years old or older; or
(b) the individual is convicted in district court, before the victim is 18 years old, of a violation of Section 76-5-405, aggravated sexual assault.
(5) If the district court imposes incarceration under Subsection (3)(c), the term of incarceration may not exceed:
(a) seven years for a violation of Section 76-5-405, aggravated sexual assault;
(b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter 5, Part 4, Sexual Offenses; or
(c) the maximum sentence described in Section 76-3-204 for:
(i) a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses;
(ii) a violation of Section 76-9-702, lewdness;
(iii) a violation of Section 76-9-702.1, sexual battery; or
(iv) a violation of Section 76-9-702.5, lewdness involving a child.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-209. Limitation on sentencing for crimes committed by juveniles - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-209/
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