Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-2 — Sentencing
Utah Code

Utah Code § 76-3-207.5 (2026)

Applicability -- Effect on sentencing -- Options of offenders

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The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 applies only to those capital felonies for which the offender is sentenced on or after April 27, 1992.
The sentencing option of life without parole provided in Sections 76-3-201 and 76-3-207 has no effect on sentences imposed in capital cases prior to April 27, 1992.
An offender, who commits a capital felony prior to April 27, 1992, but is sentenced on or after April 27, 1992, shall be given the option, prior to a sentencing hearing pursuant to Section 76-3-207, to proceed either under the law which was in effect at the time the offense was committed or under the additional sentencing option of life in prison without parole provided in Sections 76-3-201 and 76-3-207.
The sentencing option of life without parole has no effect on sentences imposed on an offender who was younger than 18 years of age at the time the offense was committed and was sentenced on or after May 10, 2016.

Amended by Chapter 277, 2016 General Session

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1992–2024 · leading case: State v. Andrews, 843 P.2d 1027 (Utah 1992).
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State v. Andrews, 843 P.2d 1027 (Utah 1992). · cites it 12× “[1] The issue presented is whether the sentencing option of life without parole provided for in Utah Code Ann. § 76-3-207.5 [2] has application in this instance.”
State v. Lovell, 2024 UT 25, 565 P.3d 497. · cites it 2× “§ 76-3-207.5(1)(b). Lovell elected to proceed under the old law, removing life without parole as a possible sentence.”
Utah Code § 76-3-207.5(1)(b): 1 case
State v. Lovell, 2024 UT 25, 565 P.3d 497. “§ 76-3-207.5(1)(b). Lovell elected to proceed under the old law, removing life without parole as a possible sentence.”
Utah Code § 76-3-207.5(2): 1 case
State v. Lovell, 2024 UT 25, 565 P.3d 497. “§ 76-3-207.5(1)(b). Lovell elected to proceed under the old law, removing life without parole as a possible sentence.”
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