(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate for:

1. (a) a capital felony;
2. (b) a felony in the first degree;
3. (c) any case involving a sexual offense against a victim who is under the age of 14;
4. (d) any motor vehicle related offense involving alcohol or drugs;
5. (e) any case involving using a motor vehicle in the commission of a felony;
6. (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;

7. (g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:

   1. (i) manslaughter under Section 76-5-205; or
   2. (ii) negligent homicide under Section 76-5-206; or
8. (h) a crime of domestic violence as defined in Section 77-36-1.

(2) When a person is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, while under the age of 16, the court may enter a diversion in the matter if the court enters on the record its findings that:

1. (a) the offenses could have been adjudicated in juvenile court but for the delayed reporting or delayed filing of the information in district court, unless the offenses are before the court pursuant to Section 78A-6-701, 78A-6-702, or 78A-6-703;
2. (b) the person did not use coercion or force;
3. (c) there is no more than three years' difference between the ages of the participants; and
4. (d) it would be in the best interest of the person to grant diversion.