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

Utah Code § 76-3-209 (2026)

Limitation on sentencing for crimes committed by juveniles

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1/1/2027

As used in this section,"qualifying sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses.
This Subsection (2) only applies prospectively to an individual sentenced on or after May 10, 2016.
Notwithstanding any provision of law, an individual may not be sentenced to life without parole if:
the individual is convicted of a crime punishable by life without parole; and
at the time the individual committed the crime, the individual was under 18 years old.
The maximum punishment that may be imposed on an individual described in Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for life.
Except as provided in Subsection (4), if an individual is convicted in district court of a qualifying sexual offense and, at the time of the offense, the individual was at least 14 years old, but under 18 years old:
the district court shall impose a sentence consistent with the disposition that would have been made in juvenile court; and
the district court may not impose incarceration unless the court enters specific written findings that incarceration is warranted based on a totality of the circumstances, taking into account:
the time that elapsed after the individual committed the offense;
the age of the individual at the time of the offense;
the age of the victim at the time of the offense;
the criminal history of the individual after the individual committed the offense;
any treatment assessments or validated risk tools; and
public safety concerns.
Subsection (3) does not apply if:
before the individual described in Subsection (3) is convicted of the qualifying sexual offense, the individual is convicted of a qualifying sexual offense that the individual committed when the individual was 18 years old or older;
the individual is convicted in district court, before the victim is 18 years old, of a violation of Section 76-5-405, aggravated sexual assault; or
the conviction occurred in district court after the individual was:
charged by criminal information in the juvenile court for the qualifying sexual offense in accordance with Section 80-6-503; and
bound over to the district court for the qualifying sexual offense in accordance with Section 80-6-504.
If the district court imposes incarceration under Subsection (3)(b), the term of incarceration may not exceed:
seven years for a violation of Section 76-5-405, aggravated sexual assault;
except as provided in Subsection (5)(a), four years for a felony violation of Chapter 5, Part 4, Sexual Offenses; or
the maximum sentence described in Section 76-3-204 for a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2016–2024 · leading case: State v. Sweet, 879 N.W.2d 811 (Iowa 2016).
Sort: Relevance Newest Treatment
State v. Sweet, 879 N.W.2d 811 (Iowa 2016). “277, § 6 (to be codified at Utah Code § 76-3-209). So consensus does, not support the majority’s position.”
State v. Bassett, 428 P.3d 343 (Wash. 2018). “31 ; Utah Code Ann. § 76-3-209 ; Vt. Stat. Ann.”
State v. Salazar-Lopez, 2024 UT App 61 (Utah Ct. App. 2024). · cites it 17× “Utah Code section 76-3-209 was later amended—effective May 3, 2023—to remove this specific provision.”
State Of Washington v. Brian M. Bassett, 394 P.3d 430 (Wash. Ct. App. 2017). “§ 6-2-101 (b) (banned in 2013); see also Pair Punishment Project, Juvenile Life without Parole in Philadelphia: A Time for Hope?, at 9 (2016) (not including Iowa and Arkansas), *740 http://fairpunishment.”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023). · cites it 2× “145; Utah Code § 76-3-209; Va. Code § 53.1-165.”
Winona M. Fletcher v. State of Alaska (Alaska Ct. App. 2023). · cites it 2× “145; Utah Code § 76-3-209; Va. Code § 53.1-165.”
State v. Bassett (Wash. 2018). “§ 21-6618; Ky.Rev. Stat. Ann. § 640.040(1). ® See Does Your State Still Use Life-without-Parole Sentencesfor Kids?, QAMPAIGN FOR Fair Sent'G of Youth(Feb.”
— Utah Code § 76-3-209(1) — 1 case
State v. Salazar-Lopez, 2024 UT App 61 (Utah Ct. App. 2024). “Utah Code section 76-3-209 was later amended—effective May 3, 2023—to remove this specific provision.”
— Utah Code § 76-3-209(3) — 1 case
State v. Salazar-Lopez, 2024 UT App 61 (Utah Ct. App. 2024). “Utah Code section 76-3-209 was later amended—effective May 3, 2023—to remove this specific provision.”
— Utah Code § 76-3-209(3)(a) — 1 case
State v. Salazar-Lopez, 2024 UT App 61 (Utah Ct. App. 2024). “Utah Code section 76-3-209 was later amended—effective May 3, 2023—to remove this specific provision.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.