5/4/2022Amended by Chapter 181, 2022 General Session2022Increase of sentence for violent felony if body armor used. As used in this section: "Body armor" means any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon. "Dangerous weapon" means the same as that term is defined in Section 76-1-101.5. "Violent felony" means the same as that term is defined in Section 76-3-203.5. A person convicted of a violent felony may be sentenced to imprisonment for an indeterminate term, as provided in Section 76-3-203, but if the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony, and the violent felony is: a first degree felony, the court shall sentence the person convicted for a term of not less than six years, and which may be for life; a second degree felony, the court shall sentence the person convicted for a term of not less than two years nor more than 15 years, and the court may sentence the person convicted for a term of not less than two years nor more than 20 years; and a third degree felony, the court shall sentence the person convicted for a term of not less than one year nor more than five years, and the court may sentence the person convicted for a term of not less than one year nor more than 10 years. The sentencing enhancement described in this section does not apply if: the offense for which the person is being sentenced is: a grievous sexual offense; child kidnapping, Section 76-5-301.1; aggravated kidnapping, Section 76-5-302; or forcible sexual abuse, Section 76-5-404; and applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.