77-2-2.3. Reducing the level of an offense.
(1) Subject to Subsectionand notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may: (2) present and file an information charging an individual for an offense under Subsectionsthrough (d), Subsection, or Sectionwith a classification of the offense at one degree lower than the classification that is provided in the applicable section; or 76-3-103(1)(b) 76-3-103(2) 76-3-104 subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsectionsthrough (d), Subsection, or Sectionwith a classification of the offense at one degree lower than the classification that is provided in the applicable section. 76-3-103(1)(b) 76-3-103(2) 76-3-104
(2) If the offense the prosecuting attorney is seeking to lower by one degree, either by information or plea agreement under Subsectionor, is an offense listed in Subsection, the prosecuting attorney shall, on the record, state that it is in the interests of justice to lower the offense by one degree. (1)(a) (b) 76-3-406(2)
(3) A court may: enter a judgment of conviction for an offense filed under Subsectionat one degree lower than classified in the applicable section; and (1) impose a sentence for the offense filed under Subsectionat one degree lower than classified in the applicable section. (1)
(4) A conviction of an offense at one degree lower than classified in the applicable section under Subsectiondoes not affect the requirements for registration of the offense under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of a registrable offense described in Section. (3) 53-29-202
(5) This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40a, Expungement of Criminal Records.