77-2-9 - Offenses ineligible for diversion.
               	 		 77-2-9.    Offenses ineligible for diversion.
      (1)  Except as provided in Subsection (2), diversion may not be granted by a magistratefor:
      (a)  a capital felony;
      (b)  a felony in the first degree;
      (c)  any case involving a sexual offense against a victim who is under the age of 14;
      (d)  any motor vehicle related offense involving alcohol or drugs;
      (e)  any case involving using a motor vehicle in the commission of a felony;
      (f)  driving a motor vehicle or commercial motor vehicle on a revoked or suspendedlicense;
      (g)  any case involving operating a commercial motor vehicle in a negligent mannercausing the death of another including the offenses of:
      (i)  manslaughter under Section 76-5-205; or
      (ii)  negligent homicide under Section 76-5-206; or
      (h)  a crime of domestic violence as defined in Section 77-36-1.
      (2)  When a person under the age of 16 is alleged to have committed any violation ofTitle 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if thecourt enters on the record its findings that:
      (a)  the person did not use coercion or force;
      (b)  there is no more than two years' difference between the ages of the participants; and
      (c)  it would be in the best interest of the person to grant diversion.
Amended by Chapter 146, 2009 General Session