Section 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 Individuals with a Mental Condition, except as provided in Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense, and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits a capital felony or a first degree felony involving: (a) Section 76-5-202, aggravated murder;(b) Section 76-5-203, murder;(c) Section 76-5-301.1, child kidnaping;(d) Section 76-5-302, aggravated kidnaping;(e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);(f) Section 76-5-402.1, rape of a child;(g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(3)(b), (3)(c), or (4);(h) Section 76-5-402.3, object rape of a child;(i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);(j) Section 76-5-403.1, sodomy on a child;(k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(3)(b)(i) or (ii);(l) Section 76-5-404.3, aggravated sexual abuse of a child;(m) Section 76-5-405, aggravated sexual assault; or(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).(2) 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 defendant: (a) was under 18 years old at the time of the offense; and(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.Amended by Chapter 184, 2023 General Session ,§ 8, eff. 5/3/2023.Amended by Chapter 181, 2022 General Session ,§ 17, eff. 5/4/2022.Amended by Chapter 262, 2021 General Session ,§ 72, eff. 9/1/2021.Amended by Chapter 260, 2021 General Session ,§ 30, eff. 7/1/2021.Amended by Chapter 214, 2020 General Session ,§ 28, eff. 5/12/2020.Amended by Chapter 189, 2019 General Session ,§ 7, eff. 5/14/2019.Amended by Chapter 397, 2017 General Session ,§ 1, eff. 5/9/2017.Amended by Chapter 366, 2011 General Session.