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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, except as provided in Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense, and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits a capital felony or a first degree felony involving:
(a) aggravated murder as described in Section 76-5-202;
(b) murder as described in Section 76-5-203;
(c) child kidnapping as described in Section 76-5-301.1;
(d) aggravated kidnapping as described in Subsection 76-5-302(3)(b);
(e) rape as described in Subsection 76-5-402(3)(b), (3)(c), or (4);
(f) rape of a child as described in Section 76-5-402.1;
(g) object rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
(h) object rape of a child as described in Section 76-5-402.3;
(i) forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
(j) sodomy on a child as described in Section 76-5-403.1;
(k) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
(l) aggravated sexual abuse of a child as described in Section 76-5-404.3;
(m) aggravated sexual assault as described in Section 76-5-405; or
(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
(2) Except for an offense before the district court in accordance with Section 80-6-502 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the defendant:
(a) was under 18 years old at the time of the offense; and
(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-3-406/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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