Current through the 2023 Regular Session
Section 46-18-205 - Mandatory minimum sentences - restrictions on deferral or suspension(1) If the victim was less than 16 years of age, the imposition or execution of the first 30 days of a sentence of imprisonment imposed under the following sections may not be deferred or suspended and the provisions of 46-18-222 do not apply to the first 30 days of the imprisonment: (a)45-5-503, sexual intercourse without consent;(b)45-5-504, indecent exposure;(d)45-8-218, deviate sexual conduct.(2) Except as provided in 45-9-202 and 46-18-222, the imposition or execution of the first 2 years of a sentence of imprisonment imposed under the following sections may not be deferred or suspended: (a)45-5-103(4), mitigated deliberate homicide;(b)45-5-202, aggravated assault;(c)45-5-302(2), kidnapping;(d)45-5-303(2), aggravated kidnapping;(f)45-5-502(3) and (4), sexual assault;(g)45-5-503(2) and (3), sexual intercourse without consent; and(h)45-5-706, aggravated sex trafficking.(3) Except as provided in 46-18-222, the imposition or execution of the first 10 years of a sentence of imprisonment imposed under 45-5-102, deliberate homicide, may not be deferred or suspended.(4) The provisions of this section do not apply to sentences imposed pursuant to 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-625(4), or 45-5-711.Amended by Laws 2023, Ch. 205,Sec. 2, eff. 10/1/2023, and applicable to violations of 45-5-502(4) that occur on or after 10/1/2023.Amended by Laws 2023, Ch. 167,Sec. 27, eff. 4/19/2023.Amended by Laws 2017, Ch. 321,Sec. 26, eff. 7/1/2017.Amended by Laws 2015, Ch. 285, Sec. 20, eff. 7/1/2015.Amended by Laws 2013, Ch. 374, Sec. 11, eff. 7/1/2013.En. Sec. 3, Ch. 52, L. 1999; amd. Sec. 5, Ch. 312, L. 2001; amd. Sec. 16, Ch. 483, L. 2007.