| (1) |
Criminal solicitation to commit:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| first degree felony | 5 years to life | up to $10,000 | | class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-203 and Utah Code § 76-3-204
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| (a) |
a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony; |
| (b) |
except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony; |
| (c) |
any of the following offenses is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:
| (iii) |
except as provided in Subsection (1)(d), any of the felonies described in 4, that are first degree felonies; |
|
| (d) |
except as provided in Subsection (2), any of the following offenses is a first degree felony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
| (ii) |
object rape of a child, Section 76-5-402.3; or |
|
| (e) |
a second degree felony is a third degree felony; and |
| (f) |
a third degree felony is a class A misdemeanor. |
|
| (2) |
If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser term than the term described in Subsection (1)(d) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:
| (a) |
10 years and which may be for life; |
| (b) |
six years and which may be for life; or |
| (c) |
three years and which may be for life. |
|
Amended by Chapter 179, 2008 General Session
