(1) Criminal solicitation to commit: (a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony; (b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony; (c) any of the following offenses is a first degree felony punishable by imprisonment for an 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 degree felony, 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.
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first degree felony;
(b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second degree felony;
(c) any of the following offenses is a first degree felony punishable by imprisonment for an 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;
(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 degree felony, 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;
(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 term than the term described in Subsection (1)(d) is in the interests of justice and states the reasons for this 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.
(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.
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