76-4-204 - Criminal solicitation -- Penalties.
76-4-204. Criminal solicitation -- Penalties.
(1) Criminal solicitation to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is afirst degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degreefelony;
(c) any of the following offenses is a first degree felony punishable by imprisonment foran indeterminate term of not fewer than three years and which may be for life:
(i) murder, Subsection 76-5-203(2)(a);
(ii) child kidnapping, Section 76-5-301.1; or
(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
(d) except as provided in Subsection (2), any of the following offenses is a first degreefelony, punishable by a term of imprisonment of not less than 15 years and which may be for life:
(i) rape of a child, Section 76-5-402.1;
(ii) object rape of a child, Section 76-5-402.3; or
(iii) sodomy on a child, Section 76-5-403.1;
(e) a second degree felony is a third degree felony; and
(f) a third degree felony is a class A misdemeanor.
(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser termthan the term described in Subsection (1)(d) is in the interests of justice and states the reasons forthis finding on the record, the court may impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.
Amended by Chapter 179, 2008 General Session