Utah Code 76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted
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(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:
For details, see Utah Code § 76-3-203
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 76-3-406
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1)(a) aggravated murder as described in Section 76-5-202 ;
(1)(b) murder as described in Section 76-5-203 ;
(1)(c) child kidnapping as described in Section 76-5-301.1 ;
(1)(d) aggravated kidnapping as described in Subsection 76-5-302 (3)(b);
(1)(e) rape as described in Subsection 76-5-402 (3)(b), (3)(c), or (4);
(1)(f) rape of a child as described in Section 76-5-402.1 ;
(1)(g) object rape as described in Subsection 76-5-402.2 (3)(b), (3)(c), or (4);
(1)(h) object rape of a child as described in Section 76-5-402.3 ;
(1)(i) forcible sodomy as described in Subsection 76-5-403 (3)(b), (3)(c), or (4);
(1)(j) sodomy on a child as described in Section 76-5-403.1 ;
(1)(k) forcible sexual abuse as described in Subsection 76-5-404 (3)(b)(i) or (ii);
(1)(l) aggravated sexual abuse of a child as described in Section 76-5-404.3 ;
(1)(m) aggravated sexual assault as described in Section 76-5-405 ; or
(1)(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:
(2)(a) was under 18 years old at the time of the offense; and
(2)(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.