| (1) |
As used in this section:
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Terms Used In Utah Code 76-3-406.5- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Cohabitant” has the same definition as in Section 78B-7-102. |
| (b) |
“Position of trust” includes the position of a spouse, parent, or cohabitant. |
|
| (2) |
It is an aggravating factor that the person occupied a position of trust in relation to the victim. |
| (3) |
The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:
| (a) |
aggravated murder under Section 76-5-202; |
| (c) |
manslaughter under Section 76-5-205. |
|
| (4) |
The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205. |
Amended by Chapter 3, 2008 General Session
