39A-5-104. Individuals subject to chapter — Jurisdiction over offenses.
| (1) |
The following individuals are subject to this chapter:
Terms Used In Utah Code 39A-5-104- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
all members of the National Guard, including full-time members serving under Title 32, United States Code; and |
| (b) |
all other individuals lawfully ordered to duty in or with the National Guard or the Utah State Defense Force, from the date required by the terms of the order or other directive. |
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| (2) |
| (a) |
If there is a military activation by the federal government, all activated individuals who would otherwise be under the jurisdiction of this chapter are subject to concurrent jurisdiction under federal and state law. |
| (b) |
Individuals under this subsection may only be tried for offenses occurring during activation and after release from federal service, while within the period of the applicable statute of limitations. |
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Renumbered and Amended by Chapter 373, 2022 General Session
