(1) 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 may not be granted, the execution or imposition of sentence may not be suspended, the court may not enter a judgment for a lower category of offense, and hospitalization may not be ordered, the effect of which would in any way shorten the prison sentence for an individual who commits a capital felony or a first degree felony involving: (a) Section 76-5-202, aggravated murder; (b) Section 76-5-203, murder; (c) Section 76-5-301.1, child kidnaping; (d) Section 76-5-302, aggravated kidnaping; (e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4); (f) Section 76-5-402.1, rape of a child; (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(1)(b), (1)(c), or (2); (h) Section 76-5-402.3, object rape of a child; (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4); (j) Section 76-5-403.1, sodomy on a child; (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(2)(b) or (3); (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child; (m) Section 76-5-405, aggravated sexual assault; or (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
(a) Section 76-5-202, aggravated murder;
(b) Section 76-5-203, murder;
(c) Section 76-5-301.1, child kidnaping;
(d) Section 76-5-302, aggravated kidnaping;
(e) Section 76-5-402, rape, if the individual is sentenced under Subsection 76-5-402(3)(b), (3)(c), or (4);
(f) Section 76-5-402.1, rape of a child;
(g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection 76-5-402.2(1)(b), (1)(c), or (2);
(h) Section 76-5-402.3, object rape of a child;
(i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection 76-5-403(3)(b), (3)(c), or (4);
(j) Section 76-5-403.1, sodomy on a child;
(k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under Subsection 76-5-404(2)(b) or (3);
(l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
(m) Section 76-5-405, aggravated sexual assault; or
(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
(2) The provisions of this section do not apply if the sentencing court finds that the defendant was under the age of 18 at the time of the offense and could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the Information, unless the offenses are before the court pursuant to Section 78A-6-701, 78A-6-702, or 78A-6-703.
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