76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.

633 words·~3 min read·/ut/title-76/chapter-3/76-3-406

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

Effective 5/7/2025

(1)As used in this section, "attempted child sexual offense" means an attempt to commit a felony that is:

(a)rape of a child as described in Section 76-5-402.1 ;

(b)object rape of a child as described in Section 76-5-402.3 ;

(c)sodomy on a child as described in Section 76-5-403.1 ; or

(d)aggravated sexual abuse of a child as described in Section 76-5-404.3 .

(2)Except as provided in Subsection

(3), a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense, or order hospitalization, if the effect of which would in any way shorten the prison sentence for:

(a)an actor who commits a capital felony or a first degree felony, or attempts to commit a capital felony or a first degree felony, that is:

(i)aggravated child abuse as described in Section 76-5-109.2 ;

(ii)child torture as described in Section 76-5-109.4 ;

(iii)aggravated murder as described in Section 76-5-202 ;

(iv)murder as described in Section 76-5-203 ;

(v)child kidnapping as described in Section 76-5-301.1 ;

(vi)aggravated kidnapping as described in Subsection 76-5-302(3)(b) ;

(vii)rape as described in Subsection 76-5-402(3)(b) , (3)(c) , (3)(d) , or

(4);

(viii)rape of a child as described in Section 76-5-402.1 ;

(ix)object rape as described in Subsection 76-5-402.2(3)(b) , (3)(c) , (3)(d) , or

(4);

(x)object rape of a child as described in Section 76-5-402.3 ;

(xi)forcible sodomy as described in Subsection 76-5-403(3)(b) , (3)(c) , (3)(d) , or

(4);

(xii)sodomy on a child as described in Section 76-5-403.1 ;

(xiii)forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or

(ii);

(xiv)aggravated sexual abuse of a child as described in Section 76-5-404.3 ; or

(xv)aggravated sexual assault as described in Section 76-5-405 ; or

(b)an offense for which the penalty has been increased under Section 76-3-407 , Repeat and habitual sex offenders.

(a)Except as provided in Subsection (3)(b) , a court may suspend the execution or imposition of a prison sentence for an actor who is convicted of an attempt to commit a felony described in Subsection (2)(a) if the court:

(i)makes a finding on the record that:

(A)details why it is in the interests of justice not to execute or impose the prison sentence; and

(B)the actor does not pose a significant safety risk to the victim of the attempted crime or the general public; and

(ii)orders the actor to complete the terms and conditions of probation that is supervised by the Department of Corrections.

(b)If a court suspends a sentence for an attempted child sexual offense the court shall follow the provisions described in Section 76-5-406.5 .

(4)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 actor:

(a)was under 18 years old at the time of the offense; and

(b)could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.

(5)Except as provided in Subsection 77-16a-103(6) or

(7), a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense under Section 76-3-402 , or order hospitalization under Section 76-3-201 or 77-18-105 or Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, if the court is prohibited from doing so by this section.

Repealed and Re-enacted by Chapter 193 , 2025 General Session