Section 409 – Child abuse or sex offense against child — Treatment of offender or victim — Payment of costs.
76-3-409. Child abuse or sex offense against child — Treatment of offender or victim — Payment of costs. (1) Any person convicted in the district court of child abuse, or a sexual offense if the victim is under 18 years of age, may be ordered to participate in treatment or therapy under the supervision of […]
Section 303 – Additional sanctions against corporation or association — Advertising of conviction — Disqualification of officer.
76-3-303. Additional sanctions against corporation or association — Advertising of conviction — Disqualification of officer. (1) When a corporation or association is convicted of an offense, the court may, in addition to or in lieu of imposing other authorized sanctions, require the corporation or association to give appropriate publicity of the conviction by notice to […]
Section 401 – Concurrent or consecutive sentences — Limitations — Definition.
76-3-401. Concurrent or consecutive sentences — Limitations — Definition. (1) A court shall determine, if a defendant has been adjudged guilty of more than one felony offense, whether to impose concurrent or consecutive sentences for the offenses. The court shall state on the record and shall indicate in the order of judgment and commitment: (a) […]
Section 401.5 – Concurrent or consecutive sentence with a juvenile disposition.
Effective 9/1/2021 76-3-401.5. Concurrent or consecutive sentence with a juvenile disposition. (1) As used in this section: (a) “Authority” means the Youth Parole Authority created in Section 80-5-701. (b) “Board” means the Board of Pardons and Parole created in Section 77-27-2. (c) “Division” means the Division of Juvenile Justice Services created in Section 80-5-103. (d) […]
Section 402 – Conviction of lower degree of offense — Procedure and limitations.
Effective 5/5/2021 76-3-402. Conviction of lower degree of offense — Procedure and limitations. (1) As used in this section, “lower degree of offense” includes an offense for which: (a) a statutory enhancement is charged in the information or indictment that would increase either the maximum or the minimum sentence; and (b) the court removes the […]
Section 403 – Credit for good behavior against jail sentence for misdemeanors and certain felonies.
76-3-403. Credit for good behavior against jail sentence for misdemeanors and certain felonies. In any commitment for incarceration in a county jail or detention facility, other than the Utah State Prison, the custodial authority may in its discretion and upon good behavior of the inmate allow up to 10 days credit against the sentence to […]
Section 403.5 – Work or school release from county jail or facility — Conditions.
76-3-403.5. Work or school release from county jail or facility — Conditions. When an inmate is incarcerated in a county jail or in a detention facility, the custodial authority may, in accordance with the release policy of the facility, allow the inmate to work outside of the jail or facility as part of a jail […]
Section 405 – Limitation on sentence where conviction or prior sentence set aside.
76-3-405. Limitation on sentence where conviction or prior sentence set aside. (1) Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than […]
Section 406 – Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
Effective 5/4/2022 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 Persons with a Mental Illness, except as provided in Section 76-5-406.5, probation may not be granted, the execution or imposition […]
Section 406.5 – Aggravating factors in imprisonment for certain criminal homicide cases.
76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases. (1) As used in this section: (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 […]