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

(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:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felony5 years to lifeup to $10,000
For details, see Utah Code § 76-3-203
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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.
(a)  Section 76-5-202, aggravated murder;

(b)  Section 76-5-203, murder;

(c)  Section 76-5-301.1, child kidnaping;

(d)  Section 76-5-302, aggravated kidnaping;

(e)  Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);

(f)  Section 76-5-402.1, rape of a child;

(g)  Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(3)(b), (3)(c), or (4);

(h)  Section 76-5-402.3, object rape of a child;

(i)  Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);

(j)  Section 76-5-403.1, sodomy on a child;

(k)  Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(3)(b)(i) or (ii);

(l)  Section 76-5-404.3, aggravated sexual abuse of a child;

(m)  Section 76-5-405, aggravated sexual assault; or

(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:

(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.

Amended by Chapter 184, 2023 General Session