76-3-406. Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted.
(1) As used in this section, "attempted child sexual offense" means an attempt to commit a felony that is: rape of a child as described in Section; 76-5-402.1 object rape of a child as described in Section; 76-5-402.3 sodomy on a child as described in Section; or 76-5-403.1 aggravated sexual abuse of a child as described in Section. 76-5-404.3
(2) Except as provided in Subsection, a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense, or order hospitalization, if the effect of which would in any way shorten the prison sentence for: (3) an actor who commits a capital felony or a first degree felony, or attempts to commit a capital felony or a first degree felony, that is: aggravated child abuse as described in Section; 76-5-109.2 child torture as described in Section; 76-5-109.4 aggravated murder as described in Section; 76-5-202 murder as described in Section; 76-5-203 child kidnapping as described in Section; 76-5-301.1 aggravated kidnapping as described in Subsection; 76-5-302(3)(b) rape as described in Subsection,,, or; 76-5-402(3)(b) (3)(c) (3)(d) (4) rape of a child as described in Section; 76-5-402.1 object rape as described in Subsection,,, or; 76-5-402.2(3)(b) (3)(c) (3)(d) (4) object rape of a child as described in Section; 76-5-402.3 forcible sodomy as described in Subsection,,, or; 76-5-403(3)(b) (3)(c) (3)(d) (4) sodomy on a child as described in Section; 76-5-403.1 forcible sexual abuse as described in Subsectionor; 76-5-404(3)(b)(i) (ii) aggravated sexual abuse of a child as described in Section; or 76-5-404.3 aggravated sexual assault as described in Section; or 76-5-405 an offense for which the penalty has been increased under Section, Repeat and habitual sex offenders. 76-3-407
(3) Except as provided in Subsection, a court may suspend the execution or imposition of a prison sentence for an actor who is convicted of an attempt to commit a felony described in Subsectionif the court: (3)(b) (2)(a) makes a finding on the record that: details why it is in the interests of justice not to execute or impose the prison sentence; and the actor does not pose a significant safety risk to the victim of the attempted crime or the general public; and orders the actor to complete the terms and conditions of probation that is supervised by the Department of Corrections. If a court suspends a sentence for an attempted child sexual offense the court shall follow the provisions described in Section. 76-5-406.5
(4) Except for an offense before the district court in accordance with Sectionor, the provisions of this section do not apply if the sentencing court finds that the actor: 80-6-502 80-6-504 was under 18 years old at the time of the offense; and could have been adjudicated in the juvenile court but for the delayed reporting or delayed filing of the information.
(5) Except as provided in Subsectionor, a court may not grant probation, suspend the execution or imposition of a sentence, enter a judgment for a lower category of offense under Section, or order hospitalization under Sectionoror Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, if the court is prohibited from doing so by this section. 77-16a-103(6) (7) 76-3-402 76-3-201 77-18-105