76-5-406.3 - Applicability of sentencing provisions. - Utah Statutes

76-5-406.3. Applicability of sentencing provisions.
A person convicted of a violation of Section 76-5-301.1, child kidnaping; Section76-5-302, aggravated kidnaping; Section 76-5-402.1, rape of a child; Section 76-5-402.3, objectrape of a child; Section 76-5-403.1, sodomy on a child; Section 76-5-404.1, aggravated sexualabuse of a child; or Section 76-5-405, aggravated sexual assault shall be sentenced as follows:
(1) If the person is sentenced prior to April 29, 1996, he shall be sentenced in accordancewith the statutory provisions in effect prior to that date.
(2) If the person commits the crime and is sentenced on or after April 29, 1996, he shallbe punished in accordance with the statutory provisions in effect after April 29, 1996.
(3) If the person commits the crime prior to April 29, 1996, but is sentenced on or afterApril 29, 1996, he shall be given the option prior to sentencing to proceed either under the lawwhich was in effect at the time the offense was committed or the law which was in effect at thetime of sentencing. If the person refuses to select, the court shall sentence the person inaccordance with the law in effect at the time of sentencing. The provisions of Subsections77-27-9(2)(a) and (b) apply to the sentence of any person who selects under this section to besentenced in accordance with the law in effect prior to April 29, 1996.

Enacted by Chapter 40, 1996 General Session