(1) A magistrate may not grant a diversion 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 14 years old;
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 an individual is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, while under 16 years old, the court may enter a diversion in the matter if the court enters on the record the court's 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 the district court, unless the offenses are before the court in accordance with Section 78A-6-703.2 or 78A-6-703.5;
2. (b) the individual 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.