{"data":{"id":"us-ut/utah-code-76-3-406","jurisdiction":"us-ut","citation":"Utah Code § 76-3-406","heading":"Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.","body":"(1) As used in this section, \"attempted child sexual offense\" means an attempt to commit a felony that is:\n(a) rape of a child as described in Section 76-5-402.1;\n(b) object rape of a child as described in Section 76-5-402.3;\n(c) sodomy on a child as described in Section 76-5-403.1; or\n(d) aggravated sexual abuse of a child as described in Section 76-5-404.3.\n(2) Except as provided in Subsection (3), a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense, or order hospitalization, if the effect of which would in any way shorten the prison sentence for:\n(a) an actor who commits a capital felony or a first degree felony, or attempts to commit a capital felony or a first degree felony, that is:\n(i) aggravated child abuse as described in Section 76-5-109.2;\n(ii) child torture as described in Section 76-5-109.4;\n(iii) aggravated murder as described in Section 76-5-202;\n(iv) murder as described in Section 76-5-203;\n(v) child kidnapping as described in Section 76-5-301.1;\n(vi) aggravated kidnapping as described in Subsection 76-5-302(3)(b);\n(vii) rape as described in Subsection 76-5-402(3)(b), (3)(c), (3)(d), or (4);\n(viii) rape of a child as described in Section 76-5-402.1;\n(ix) object rape as described in Subsection 76-5-402.2(3)(b), (3)(c), (3)(d), or (4);\n(x) object rape of a child as described in Section 76-5-402.3;\n(xi) forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), (3)(d), or (4);\n(xii) sodomy on a child as described in Section 76-5-403.1;\n(xiii) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);\n(xiv) aggravated sexual abuse of a child as described in Section 76-5-404.3; or\n(xv) aggravated sexual assault as described in Section 76-5-405; or\n(b) an offense for which the penalty has been increased under Section 76-3-407, Repeat and habitual sex offenders.\n(3)\n(a) Except as provided in Subsection (3)(b), a court may suspend the execution or imposition of a prison sentence for an actor who is convicted of an attempt to commit a felony described in Subsection (2)(a) if the court:\n(i) makes a finding on the record that:\n(A) details why it is in the interests of justice not to execute or impose the prison sentence; and\n(B) the actor does not pose a significant safety risk to the victim of the attempted crime or the general public; and\n(ii) orders the actor to complete the terms and conditions of probation that is supervised by the Department of Corrections.\n(b) If a court suspends a sentence for an attempted child sexual offense the court shall follow the provisions described in Section 76-5-406.5.\n(4) 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 actor:\n(a) was under 18 years old at the time of the offense; and\n(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.\n(5) Except as provided in Subsection 77-16a-103(6) or (7), a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense under Section 76-3-402, or order hospitalization under Section 76-3-201 or 77-18-105 or Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, if the court is prohibited from doing so by this section.","path":["Title 76 Criminal Offenses","Chapter 76-3 Punishments","Part 76-3-4 Limitations and Special Provisions on Sentences"],"source_url":"https://le.utah.gov/xcode/Title76/Chapter3/76-3-S406.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"5183e2c309a9e85c2cb6457b737772214ae9454ee3e5362054b51c72db2ee216","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-76-3-405","next":"us-ut/utah-code-76-3-406.5"},"notice":"GroundRules: Original legal text. Not legal advice."}