76-3-406 - Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
76-3-406. Crimes for which probation, suspension of sentence, lower category ofoffense, or hospitalization may not be granted.
Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a, Commitmentand Treatment of Mentally Ill Persons, except as provided in Section 76-5-406.5, probation shallnot be granted, the execution or imposition of sentence shall not be suspended, the court shall notenter a judgment for a lower category of offense, and hospitalization shall not be ordered, theeffect of which would in any way shorten the prison sentence for any person who commits acapital felony or a first degree felony involving:
(1) Section 76-5-202, aggravated murder;
(2) Section 76-5-203, murder;
(3) Section 76-5-301.1, child kidnaping;
(4) Section 76-5-302, aggravated kidnaping;
(5) Section 76-5-402, rape, if the person is sentenced under Subsection 76-5-402(3)(b),(3)(c), or (4);
(6) Section 76-5-402.1, rape of a child;
(7) Section 76-5-402.2, object rape, if the person is sentenced under Subsection 76-5-402.2 (1)(b), (1)(c), or (2);
(8) Section 76-5-402.3, object rape of a child;
(9) Section 76-5-403, forcible sodomy, if the person is sentenced under Subsection76-5-403(4)(b), (4)(c), or (5);
(10) Section 76-5-403.1, sodomy on a child;
(11) Section 76-5-404, forcible sexual abuse, if the person is sentenced under Subsection76-5-404(2)(b) or (3);
(12) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
(13) Section 76-5-405, aggravated sexual assault; or
(14) any attempt to commit a felony listed in Subsection (6), (8), or (10).
Amended by Chapter 339, 2007 General Session