(a) Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three (3) years of age or less.
(b)
(1) Aggravated rape of a child is a Class A felony.
(2) The applicable sentencing provisions of title 40, chapter 35, apply to the offense prohibited by this section except:
(A) A sentencing hearing shall not be conducted as required by § 40-35-209; and
(B) After a defendant is found guilty of aggravated rape of a child, the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
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