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Section 406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.

UT Code § 76-3-406.5 (2019) (N/A)
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(1) As used in this section: (a) "Cohabitant" has the same definition as in Section 78B-7-102. (b) "Position of trust" includes the position of a spouse, parent, or cohabitant.

(a) "Cohabitant" has the same definition as in Section 78B-7-102.

(b) "Position of trust" includes the position of a spouse, parent, or cohabitant.

(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.

(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of: (a) aggravated murder under Section 76-5-202; (b) murder under Section 76-5-203; or (c) manslaughter under Section 76-5-205.

(a) aggravated murder under Section 76-5-202;

(b) murder under Section 76-5-203; or

(c) manslaughter under Section 76-5-205.

(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.

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