76-3-203.6. Enhanced penalty for certain offenses committed by prisoner.
(1) As used in this section, "serving a sentence" means a prisoner is sentenced and committed to the custody of the Department of Corrections, the sentence has not been terminated or voided, and the prisoner: has not been paroled; or is in custody after arrest for a parole violation.
(2) If the trier of fact finds beyond a reasonable doubt that a prisoner serving a sentence for a capital felony or a first degree felony commits any offense listed in Subsection, the offense is a first degree felony and the court shall sentence the defendant to life in prison without parole. (5)
(3) Notwithstanding Subsection, the court may sentence the defendant to an indeterminate prison term of not less than 20 years and that may be for life if the court finds that the interests of justice would best be served and states the specific circumstances justifying the disposition on the record. (2)
(4) Subsectiondoes not apply if the prisoner is younger than 18 years old at the time the offense listed in Subsectionis committed and is sentenced on or after May 10, 2016. (2) (5)
(5) Offenses referred to in Subsectionare: (2) aggravated assault by a prisoner, Section; 76-5-103.5 mayhem, Section; 76-5-105 attempted murder, Section; 76-5-203 kidnapping, Section; 76-5-301 child kidnapping, Section; 76-5-301.1 aggravated kidnapping, Section; 76-5-302 rape, Section; 76-5-402 rape of a child, Section; 76-5-402.1 object rape, Section; 76-5-402.2 object rape of a child, Section; 76-5-402.3 forcible sodomy, Section; 76-5-403 sodomy on a child, Section; 76-5-403.1 aggravated sexual abuse of a child, Section; 76-5-404.3 aggravated sexual assault, Section; 76-5-405 aggravated arson, Section; 76-6-103 aggravated burglary, Section; and 76-6-203 aggravated robbery, Section. 76-6-302
(6) The sentencing enhancement described in this section does not apply if: the offense for which the person is being sentenced is: a grievous sexual offense; child kidnapping, Section; or 76-5-301.1 aggravated kidnapping, Section; and 76-5-302 applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.