Title 76 - Utah Criminal Code - Chapter 3 - Punishments - Part 4 - Limitations and Special Provisions on Sentences - Section 406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.

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Utah Code

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76-3-406.5 Aggravating factors in imprisonment for certain criminal homicide cases. (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.

(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.

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

Amended by Chapter 3, 2008 General Session