Section 206 – Capital felony — Penalties.
Effective 5/10/2016 76-3-206. Capital felony — Penalties. (1) A person who has pled guilty to or been convicted of a capital felony shall be sentenced in accordance with this section and Section 76-3-207. (2) (a) If the person described in Subsection (1) was 18 years of age or older at the time the offense was […]
Section 207 – Capital felony — Sentencing proceeding.
Effective 5/10/2016 76-3-207. Capital felony — Sentencing proceeding. (1) (a) When a defendant has pled guilty to or been found guilty of a capital felony, there shall be further proceedings before the court or jury on the issue of sentence. (b) In the case of a plea of guilty to a capital felony, the sentencing […]
Section 207.5 – Applicability — Effect on sentencing — Options of offenders.
Effective 5/10/2016 76-3-207.5. Applicability — Effect on sentencing — Options of offenders. (1) (a) The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 applies only to those capital felonies for which the offender is sentenced on or after April 27, 1992. (b) The sentencing option of life without parole provided in […]
Section 207.7 – First degree felony aggravated murder — Noncapital felony — Penalties — Sentenced by court.
Effective 5/10/2016 76-3-207.7. First degree felony aggravated murder — Noncapital felony — Penalties — Sentenced by court. (1) A person who has pled guilty to or been convicted of first degree felony aggravated murder under Section 76-5-202 shall be sentenced by the court. (2) (a) The sentence under this section shall be: (i) life in […]
Section 208 – Imprisonment — Custodial authorities.
Effective 7/1/2021 76-3-208. Imprisonment — Custodial authorities. (1) Persons sentenced to imprisonment shall be committed to the following custodial authorities: (a) felony commitments shall be to the Utah State Prison; (b) (i) notwithstanding Section 76-3-204, class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where […]
Section 209 – Limitation on sentencing for crimes committed by juveniles.
Effective 5/5/2021 76-3-209. Limitation on sentencing for crimes committed by juveniles. (1) As used in this section, “qualifying sexual offense” means: (a) an offense described in Chapter 5, Part 4, Sexual Offenses; (b) Section 76-9-702, lewdness; (c) Section 76-9-702.1, sexual battery; or (d) Section 76-9-702.5, lewdness involving a child. (2) (a) This Subsection (2) only […]
Section 203.7 – Increase of sentence for violent felony if body armor used.
Effective 5/4/2022 76-3-203.7. Increase of sentence for violent felony if body armor used. (1) As used in this section: (a) “Body armor” means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon. (b) “Dangerous weapon” means the same as that term is defined in […]
Section 203.8 – Increase of sentence if dangerous weapon used.
Effective 5/4/2022 76-3-203.8. Increase of sentence if dangerous weapon used. (1) As used in this section, “dangerous weapon” means the same as that term is defined in Section 76-1-101.5. (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the […]
Section 203.9 – Violent offense committed in presence of a child — Aggravating factor.
76-3-203.9. Violent offense committed in presence of a child — Aggravating factor. (1) As used in this section: (a) “In the presence of a child” means: (i) in the physical presence of a child younger than 14 years of age; or (ii) having knowledge that a child younger than 14 years of age is present […]
Section 203.10 – Violent offense committed in presence of a child — Penalties.
Effective 5/4/2022 76-3-203.10. Violent offense committed in presence of a child — Penalties. (1) As used in this section: (a) “In the presence of a child” means: (i) in the physical presence of a child younger than 14 years old; and (ii) having knowledge that the child is present and may see or hear the […]