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2021 Utah Code
Title 76 - Utah Criminal Code
Chapter 3 - Punishments
Part 4 - Limitations and Special Provisions on Sentences
Section 406 - Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
Universal Citation:
UT Code § 76-3-406 (2021)
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Effective 9/1/2021
76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
Amended by Chapter 260, 2021 General Session
Amended by Chapter 262, 2021 General Session
76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
- (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, except as provided in Section 76-5-406.5, 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) Section 76-5-202, aggravated murder;
- (b) Section 76-5-203, murder;
- (c) Section 76-5-301.1, child kidnaping;
- (d) Section 76-5-302, aggravated kidnaping;
- (e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);
- (f) Section 76-5-402.1, rape of a child;
- (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(1)(b), (1)(c), or (2);
- (h) Section 76-5-402.3, object rape of a child;
- (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);
- (j) Section 76-5-403.1, sodomy on a child;
- (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(2)(b) or (3);
- (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
- (m) Section 76-5-405, aggravated sexual assault; 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.
Amended by Chapter 260, 2021 General Session
Amended by Chapter 262, 2021 General Session
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