(1) As used in this section, "attempted child sexual offense" means an attempt to commit a felony that is: (a) rape of a child as described in Section 76-5-402.1 ; (b) object rape of a child as described in Section 76-5-402.3 ; (c) sodomy on a child as described in Section 76-5-403.1 ; or (d) aggravated sexual abuse of a child as described in Section 76-5-404.3 . (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: (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: (i) aggravated child abuse as described in Section 76-5-109.2 ; (ii) child torture as described in Section 76-5-109.4 ; (iii) aggravated murder as described in Section 76-5-202 ; (iv) murder as described in Section 76-5-203 ; (v) child kidnapping as described in Section 76-5-301.1 ; (vi) aggravated kidnapping as described in Subsection 76-5-302(3)(b) ; (vii) rape as described in Subsection 76-5-402(3)(b) , (3)(c) , (3)(d) , or (4) ; (viii) rape of a child as described in Section 76-5-402.1 ; (ix) object rape as described in Subsection 76-5-402.2(3)(b) , (3)(c) , (3)(d) , or (4) ; (x) object rape of a child as described in Section 76-5-402.3 ; (xi) forcible sodomy as described in Subsection 76-5-403(3)(b) , (3)(c) , (3)(d) , or (4) ; (xii) sodomy on a child as described in Section 76-5-403.1 ; (xiii) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii) ; (xiv) aggravated sexual abuse of a child as described in Section 76-5-404.3 ; or (xv) aggravated sexual assault as described in Section 76-5-405 ; or (b) an offense for which the penalty has been increased under Section 76-3-407 , Repeat and habitual sex offenders. (3) (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: (i) makes a finding on the record that: (A) details why it is in the interests of justice not to execute or impose the prison sentence; and (B) the actor does not pose a significant safety risk to the victim of the attempted crime or the general public; and (ii) orders the actor to complete the terms and conditions of probation that is supervised by the Department of Corrections. (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 . (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: (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. (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. Repealed and Re-enacted by Chapter 193 , 2025 General Session
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