Utah · statute · Utah Code tit. 76 · 907 active provisions
Unless otherwise provided, as used in this title: (1) "Act" means a voluntary bodily movement and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. (3) "Affinity" means a relationship by marriage. (4) "Bodily injury" means physical pain, illness, or any impairme…
(1) For formatting purposes, sections in this title that contain a criminal offense include an express provision that states that the title definitions in Section 76-1-101.5 apply to that section. (2) Although a provision described in Subsection (1) is not included in non-offense sections in this title, or in other tit…
This code shall become effective on July 1, 1973.
(1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed after the effective d…
The provisions of this code shall be construed in accordance with these general purposes. (1) Forbid and prevent the commission of offenses. (2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal. (3) Prescribe penalties…
Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance.
The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this state shall be construed according to the fair import of their terms to promote justice an…
(1) Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this act but by the code of criminal procedure. (2) This code does not affect any power conferred by law upon any court-martial or other military authority or o…
If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby.
(1) A person is subject to prosecution in this state for an offense which the person commits, while either within or outside the state, by the person's own conduct or that of another for which the person is legally accountable, if: (a) the offense is committed either wholly or partly within the state; (b) the conduct o…
(1) As used in this section, "body of water" includes any stream, river, lake, or reservoir, whether natural or man-made. (2) A criminal action shall be tried in the county, judicial district, or precinct in which the offense is alleged to have been committed. (3) (a) In determining the proper place of trial for a crim…
(1) As used in this section: (a) "Aggravating offense" means any offense incident to which a homicide was committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b). (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a person other than a party as defined…
The statute of limitations for a felony violation of Section 76-5-401 or 76-5-401.2 is 10 years from the time the victim reaches the age of 18.
(1) A prosecution for misusing public money, falsification or alteration of government records, or for a bribery offense shall be commenced within two years after facts constituting the offense have been reported to a prosecutor having responsibility and jurisdiction to prosecute the offense. (2) This section does not…
(1) Except as otherwise provided by Subsection (2) or another provision of the Utah Code, a prosecution for: (a) a felony or negligent homicide shall be commenced within four years after it is committed; (b) a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and (c) a…
(1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report of the offense has been filed with a law enforcement agency. (2) Subsection (1) may not extend the p…
(1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense. (2) If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate the defendant's conviction,…
Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to…
When an issue concerning the statute of limitations is raised, the judge shall determine by a preponderance of the evidence whether the prosecution is barred by the limitations in this part.
In this part unless the context requires a different definition, "single criminal episode" means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a single criminal objective. Nothing in this part shall be construed to limit or modify the effect of Section 77-8a-1 in con…
(1) (a) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode. (b) Notwithstanding Subsection (1)(a), when the same act of a defendant under a single criminal episode shall establish offenses that may be punished in different ways under different pr…
(1) If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode, a subsequent prosecution for the same or a different offense arising out of the same criminal episode is barred if: (a) the subsequent prosecution is for an offense that was or should have been tried under Subsecti…
If a defendant's conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if: (1) the former prosecution resulted in an acquittal…
(1) As used in this section: (a) "Homicide offense" means an offense for: (i) aggravated murder, as described in Section 76-5-202; (ii) murder, as described in Section 76-5-203; (iii) manslaughter, as described in Section 76-5-205; (iv) negligent homicide, as described in Section 76-5-206; (v) automobile homicide, as d…
(1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted. (2) As used in this part, "element of the offense" means: (a) the conduct, attendant circumstance…