Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
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(1) Notwithstanding Sections 76-3-201 and 77-18-105 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).
(2) Except for an offense before the district court in accordance with Section 80-6-502 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the defendant:
(a) was under 18 years old at the time of the offense; and
(b) could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.