46-18-104. Definitions.

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46-18-104 . Definitions. As used in 46-18-101 , 46-18-105 , 46-18-201 , 46-18-225 , and this section, unless the context requires otherwise, the following definitions apply:

(1)"Community corrections" or "community corrections facility or program" means a community corrections facility or program as defined in 53-30-303 .

(a)"Crime of violence" means:

(i)a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime;

(ii)a crime in which the offender causes serious bodily injury or death to a person other than the offender; or

(iii)an offense under:

(A)45-5-215 ;

(B)45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year;

(D)45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense;

(E)45-5-508 ;

(F)45-5-702 ;

(G)45-5-703 ;

(H)45-5-705 ;

(I)45-5-706 ;

(J)45-5-711 ; or

(K)45-5-802 (1).

(b)In a prosecution under 45-5-503 , if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section.

(3)"Nonviolent felony offender" means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence.

(4)"Restorative justice" has the meaning provided in 44-7-302 .