76-3-203.19. Aggravating factor for an offense committed against a child or minor as part of a ritual.
(1) As used in this section: "Offense against a child or minor" means an offense that is: child abuse as described in Section; 76-5-109 child torture, as described in Section; 76-5-109.4 aggravated child abuse as described in Section; 76-5-109.2 abuse or neglect of a child with a disability as described in Section; 76-5-110 child abuse homicide as described in Section; 76-5-208 kidnapping as described in Section, if committed against an individual under 18 years old; 76-5-301 child kidnapping as described in Section; 76-5-301.1 aggravated kidnapping as described in Section, if committed against an individual under 18 years old; 76-5-302 human trafficking of a child for labor as described in Section; 76-5-308.5 human trafficking of a child for commercial sexual exploitation as described in Section; 76-5-308.6 unlawful sexual activity with a minor as described in Section; 76-5-401 sexual abuse of a minor as described in Section; 76-5-401.1 rape as described in Section, if committed against an individual under 18 years old; 76-5-402 rape of a child as described in Section; 76-5-402.1 object rape as described in Section, if committed against an individual under 18 years old; 76-5-404.2 object rape of a child as described in Section; 76-5-402.3 forcible sodomy as described in Section, if committed against an individual under 18 years old; 76-5-403 sodomy on a child as described in Section; 76-5-403.1 forcible sexual abuse as described in Section, if committed against an individual under 18 years old; 76-5-404 sexual abuse of a child as described in Section; 76-5-404.1 aggravated sexual abuse of a child as described in Section; 76-5-404.3 aggravated sexual assault as described in Section, if committed against an individual under 18 years old; 76-5-405 unlawful kissing of a child as described in Section; or 76-5-416.2 unlawful kissing of a minor as described in Section. 76-5-416.4 "Ritual" means an event or act, or a series of events or acts: marked by specific actions, specific gestures, ceremonial objects, ceremonial clothing, religious texts, or specific words; and designed to commemorate, celebrate, or solemnize a particular occasion or significance in a religious, cultural, social, institutional, or other context.
(2) For a defendant convicted of an offense against a child or minor, it is an aggravating factor if the sentencing court finds that the defendant committed the offense as part of, or to facilitate, a ritual or a training or practice to perform a ritual.
(3) When sentencing a defendant convicted of an offense against a child or minor subject to the aggravating factor described in Subsection, the sentencing court shall consider the aggravating factor and include the aggravating factor in the judgment of commitment. (2)
(4) In determining the length of imprisonment for a defendant imprisoned for a conviction of an offense against a child or minor subject to the aggravating factor described in Subsection, the Board of Pardons and Parole shall consider the aggravating factor. (2)