Utah Code 77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence

(1)	Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator.

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domestic violence offense: includes commission or attempt to commit, any of the following offenses by one cohabitant against another:

(a)	aggravated assault, as described in Section 76-5-103;

(b)	aggravated cruelty to an animal, as described in Subsection 76-9-301(4), with the intent to harass or threaten the other cohabitant;

(c)	assault, as described in Section 76-5-102;

(d)	criminal homicide, as described in Section 76-5-201;

(e)	harassment, as described in Section 76-5-106;

(f)	electronic communication harassment, as described in Section 76-9-201;

(g)

kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections 76-5-301, 76-5-301. See Utah Code 77-36-1

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

(2)

An entry of a plea of guilty or no contest to a domestic violence offense is invalid unless the prosecutor agrees to the plea:

(a)	in open court;

(b)	in writing; or

(c)	by another means of communication that the court finds adequate to record the prosecutor’s agreement.

Amended by Chapter 159, 2021 General Session
Amended by Chapter 213, 2021 General Session

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