§ 77-2-9. Offenses ineligible for diversion.

(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate for:

(a) a capital felony;

(b) a felony in the first degree;

(c) any case involving a sexual offense against a victim who is under the age of 14;

(d) any motor vehicle related offense involving alcohol or drugs;

(e) any case involving using a motor vehicle in the commission of a felony;

(f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;

(g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:

(i) manslaughter under Section 76-5-205; or

(ii) negligent homicide under Section 76-5-206; or

(h) a crime of domestic violence as defined in Section 77-36-1.

(2) When a person under the age of 16 is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the court enters on the record its findings that:

(a) the person did not use coercion or force;

(b) there is no more than two years' difference between the ages of the participants; and

(c) it would be in the best interest of the person to grant diversion.

Amended by Chapter 146, 2009 General Session