77-2-9. Offenses ineligible for diversion.
(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate
for:
(a) a capital felony;
(b) a felony in the first degree;
(c) any case involving a sexual offense against a victim who is under the age of 14;
(d) any motor vehicle related offense involving alcohol or drugs;
(e) any case involving using a motor vehicle in the commission of a felony;
(f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
license;
(g) any case involving operating a commercial motor vehicle in a negligent manner
causing the death of another including the offenses of:
(i) manslaughter under Section 76-5-205; or
(ii) negligent homicide under Section 76-5-206; or
(h) a crime of domestic violence as defined in Section 77-36-1.
(2) When a person under the age of 16 is alleged to have committed any violation of
Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the
court enters on the record its findings that:
(a) the person did not use coercion or force;
(b) there is no more than two years' difference between the ages of the participants; and
(c) it would be in the best interest of the person to grant diversion.
Amended by Chapter 146, 2009 General Session
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Last revised: Thursday, May 28, 2009