§ 46-18-104

46-18-104. Definitions. As used in 46-18-101, 46-18-105, 46-18-201, 46-18-225, and this section, unless the context requires otherwise, the following definitions apply: (1) 'Community corrections' or 'community corrections facility or program' means a community corrections facility or program as defined in 53-30-303. (2) (a) 'Crime of violence' means: (i) a crime in which an offender uses or possesses and threatens to use a deadly weapon during the commission or attempted commission of a crime; (ii) a crime in which the offender causes serious bodily injury or death to a person other than the offender; or (iii) an offense under: (A) 45-5-215; (B) 45-5-502 for which the maximum potential sentence is life imprisonment or imprisonment in a state prison for a term exceeding 1 year; (C) 45-5-503, except as provided in subsection (2)(b) of this section; (D) 45-5-507 if the victim is under 16 years of age and the offender is 3 or more years older than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense; (E) 45-5-508; (F) 45-5-702; (G) 45-5-703; (H) 45-5-705; (I) 45-5-706; or (J) 45-5-711.

r than the victim or if the offender inflicts bodily injury upon anyone in the course of committing the offense; (E) 45-5-508; (F) 45-5-702; (G) 45-5-703; (H) 45-5-705; (I) 45-5-706; or (J) 45-5-711. (b) In a prosecution under 45-5-503, if the sexual intercourse was without consent based solely on the victim's age, the victim willingly participated, and the offender is not more than 3 years older than the victim, the offense is not a crime of violence for purposes of this section. (3) 'Nonviolent felony offender' means a person who has entered a plea of guilty or nolo contendere to a felony offense other than a crime of violence or who has been convicted of a felony offense other than a crime of violence. (4) 'Restorative justice' has the meaning provided in 44-7-302. History: En. Sec. 1, Ch. 794, L. 1991; amd. Sec. 7(2), Ch. 794, L. 1991; amd. Sec. 18, Ch. 395, L. 1999; amd. Sec. 1, Ch. 509, L. 2001; amd. Sec. 1, Ch. 177, L. 2013; amd. Sec. 1, Ch. 132, L. 2019; amd. Sec. 9, Ch. 308, L. 2019; amd. Sec. 23, Ch. 167, L. 2023.