76-3-203.7 - Increase of sentence for violent felony if body armor used.
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 penetrationresistance or protection from bodily injury caused by a dangerous weapon.
(b) "Dangerous weapon" has the same definition as in Section 76-1-601.
(c) "Violent felony" has the same definition as in Section 76-3-203.5.
(2) A person convicted of a violent felony may be sentenced to imprisonment for anindeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond areasonable doubt that the defendant used, carried, or possessed a dangerous weapon and alsoused or wore body armor, with the intent to facilitate the commission of the violent felony, andthe violent felony is:
(a) a first degree felony, the court shall sentence the person convicted for a term of notless than six years, and which may be for life;
(b) a second degree felony, the court shall sentence the person convicted for a term of notless than two years nor more than 15 years, and the court may sentence the person convicted for aterm of not less than two years nor more than 20 years; and
(c) a third degree felony, the court shall sentence the person convicted for a term of notless than one year nor more than five years, and the court may sentence the person convicted for aterm of not less than one year nor more than 10 years.
(3) The sentencing enhancement described in this section does not apply if:
(a) the offense for which the person is being sentenced is:
(i) a grievous sexual offense;
(ii) child kidnapping, Section 76-5-301.1;
(iii) aggravated kidnapping, Section 76-5-302; or
(iv) forcible sexual abuse, Section 76-5-404; and
(b) applying the sentencing enhancement provided for in this section would result in alower maximum penalty than the penalty provided for under the section that describes the offensefor which the person is being sentenced.
Amended by Chapter 339, 2007 General Session