Utah Code 76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 76-3-406.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(1)(a) “Cohabitant” has the same definition as in Section 78B-7-102 .
(1)(b) “Position of trust” includes the position of a spouse, parent, or cohabitant.
(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.
(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:
(3)(a) aggravated murder under Section 76-5-202 ;
(3)(b) murder under Section 76-5-203 ; or
(3)(c) manslaughter under Section 76-5-205 .
(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205 .