Utah criminal charge
Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted in Utah
Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted is a criminal offense under Utah law, defined by Utah Code Ann. § 76-3-406. Its classification is not fixed: Utah assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Utah Code Ann. § 76-3-406.
What is the penalty for crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Capital felony or first degree felony offenses barred from probation/suspension/reduction/hospitalization — An actor commits or attempts to commit a capital felony listed in Subsection (2)(a) (e.g., aggravated murder), barring probation, suspended sentence, lower category judgment, or hospitalization.; death; life in prison without parole; or an indeterminate term of not less than 25 years and which may be for life — for offenders 18 or older at the time of the offense; offenders under 18 are not subject to death or life without parole (Utah Code Ann. § 76-3-206) | mandatory | Utah Code Ann. § 76-3-206 |
| Jail / prison | First degree felony offenses barred from probation/suspension/reduction/hospitalization — An actor commits or attempts to commit a first degree felony listed in Subsection (2)(a) (e.g., rape of a child, aggravated sexual abuse of a child), barring probation, suspended sentence, lower category judgment, or hospitalization.; indeterminate prison term of not less than five years and which may be for life, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (First degree felony offenses barred from probation/suspension/reduction/hospitalization — An actor commits or attempts to commit a first degree felony listed in Subsection (2)(a) (e.g., rape of a child, aggravated sexual abuse of a child), barring probation, suspended sentence, lower category judgment, or hospitalization.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Capital felony or first degree felony offenses barred from probation/suspension/reduction/hospitalization | Capital Felony | An actor commits or attempts to commit a capital felony listed in Subsection (2)(a) (e.g., aggravated murder), barring probation, suspended sentence, lower category judgment, or hospitalization. | Utah Code Ann. § 76-3-406(2)(a) |
| First degree felony offenses barred from probation/suspension/reduction/hospitalization | First Degree Felony | An actor commits or attempts to commit a first degree felony listed in Subsection (2)(a) (e.g., rape of a child, aggravated sexual abuse of a child), barring probation, suspended sentence, lower category judgment, or hospitalization. | Utah Code Ann. § 76-3-406(2)(a) |
Common questions about crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted in Utah
Is crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted a felony or a misdemeanor in Utah?
It depends on the circumstances: crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted ranges from a First Degree Felony to a Capital Felony in Utah under Utah Code Ann. § 76-3-406.
Capital felony or first degree felony offenses barred from probation/suspension/reduction/hospitalization: Capital Felony (Utah Code Ann. § 76-3-406(2)(a)) · First degree felony offenses barred from probation/suspension/reduction/hospitalization: First Degree Felony (Utah Code Ann. § 76-3-406(2)(a))
What are the penalties for crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted in Utah?
Penalties for crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted in Utah depend on how it is classified — from a First Degree Felony up to a Capital Felony — with the ranges set by Utah Code Ann. § 76-3-206 and Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted?
Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted is governed by Utah Code Ann. § 76-3-406 (Crimes for which probation, suspension of sentence, lower category of offense, or hospitalization may not be granted).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.