76-3-203.7. Increase of sentence for violent felony if body armor used.

357 words·~2 min read·/ut/title-76/chapter-3/76-3-203-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)As used in this section:

(a)"Body armor" means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon.

(b)"Dangerous weapon" means the same as that term is defined in Section 76-1-101.5 .

(c)"Violent felony" means the same as that term is defined in Section 76-3-203.5 .

(2)A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203 , but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is:

(a)a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life;

(b)a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and

(c)a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years.

(3)The sentencing enhancement described in this section does not apply if:

(a)the offense for which the person is being sentenced is:

(i)a grievous sexual offense;

(ii)child kidnapping, Section 76-5-301.1 ;

(iii)aggravated kidnapping, Section 76-5-302 ; or

(iv)forcible sexual abuse, Section 76-5-404 ; and

(b)applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.

Amended by Chapter 181 , 2022 General Session