76-3-206. Capital felony -- Penalties.
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Effective 5/6/2026
76-3-206. Capital felony -- Penalties.
(1)An individual who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207 .
(a)If the individual described in Subsection
(1)was 18 years old or older at the time the offense was committed, the sentence shall be:
(i)death;
(ii)an indeterminate prison term of not less than 25 years and that may be for life; or
(iii)on or after April 27, 1992, life in prison without parole.
(b)Subsections (2)(a)(i) and (2)(a)(iii) do not apply if the individual was under 18 years old at the time the offense was committed and was sentenced on or after May 10, 2016.
Amended by Chapter 345 , 2026 General Session