2006 Utah Code - 77-2-9 — Offenses ineligible for diversion.

     77-2-9.   Offenses ineligible for diversion.
     (1) Except as provided in Subsection (2), diversion may not be granted by a magistrate for:
     (a) a capital felony;
     (b) a felony in the first degree;
     (c) any case involving a sexual offense against a victim who is under the age of 14;
     (d) any motor vehicle related offense involving alcohol or drugs;
     (e) any case involving using a motor vehicle in the commission of a felony;
     (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license; or
     (g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:
     (i) manslaughter under Section 76-5-205; or
     (ii) negligent homicide under Section 76-5-206.
     (2) When a person under the age of 16 is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the court enters on the record its findings that:
     (a) the person did not use coercion or force;
     (b) there is no more than two years' difference between the ages of the participants; and
     (c) it would be in the best interest of the person to grant diversion.

Amended by Chapter 166, 2006 General Session
Amended by Chapter 18, 2006 General Session