76-1-302. Time limitations for prosecution of offenses — Provisions if DNA evidence would identify the defendant — Commencement of prosecution.
| (1) |
Except as otherwise provided, a prosecution for:
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Terms Used In Utah Code 76-1-302- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
| (a) |
a felony or negligent homicide shall be commenced within four years after it is committed, except that prosecution for:
| (i) |
forcible sexual abuse shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency; and |
| (ii) |
incest shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency; |
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| (b) |
a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and |
| (c) |
any infraction shall be commenced within one year after it is committed. |
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| (2) |
| (a) |
Notwithstanding Subsection (1), prosecution for the offenses listed in Subsections 76-3-203.5(1)(c)(i)(A) through (CC) may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date. |
| (b) |
Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of May 5, 2003, and no charges have been filed. |
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| (3) |
If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within four years of confirmation of the identity of the perpetrator. |
| (4) |
A prosecution is commenced upon:
| (a) |
the finding and filing of an indictment by a grand jury; |
| (b) |
the filing of a complaint or information; or |
| (c) |
the issuance of a citation. |
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Amended by Chapter 185, 2022 General Session
