§ 76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.

     Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, except as provided in Section 76-5-406.5, probation shall not be granted, the execution or imposition of sentence shall not be suspended, the court shall not enter a judgment for a lower category of offense, and hospitalization shall not be ordered, the effect of which would in any way shorten the prison sentence for any person who commits a capital 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 Subsection 76-5-403(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 Subsection 76-5-404(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 366, 2011 General Session