78A-5-102.5. Jurisdiction of the district court over an offense committed by a minor — Exclusive jurisdiction of the district court — Transfer to juvenile court.
| (1) |
As used in this section:
Terms Used In Utah Code 78A-5-102.5- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- 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.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 78A-5-101
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
“Minor” means:
| (i) |
an individual who is under 18 years old; |
| (ii) |
an individual who was under 18 years old at the time of the offense and is under 21 years old at the time of all court proceedings; or |
| (iii) |
an individual:
| (A) |
who was 18 years old and enrolled in high school at the time of the offense; |
| (B) |
who is under 21 years old at the time of all court proceedings; and |
| (C) |
who committed the felony offense and any separate offense on school property where the individual was enrolled when school was in session or during a school-sponsored activity, as defined in Section 53G-8-211. |
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| (b) |
“Qualifying offense” means:
| (ii) |
a felony offense if the felony offense is committed:
| (A) |
by an individual who was 18 years old at the time of the offense and enrolled in high school; and |
| (B) |
on school property where the individual was enrolled when school was in session or during a school-sponsored activity, as defined in Section 53G-8-211. |
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| (c) |
“Separate offense” means any offense that is not a qualifying offense. |
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| (2) |
The district court has original jurisdiction over an offense of aggravated murder, as described in Section 76-5-202, or murder, as described in Section 76-5-203, that is committed by an individual who is 16 or 17 years old at the time of the offense. |
| (3) |
The district court has subject matter jurisdiction over any offense for which the juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the offense to the district court in accordance with Section 80-6-504. |
| (4) |
Notwithstanding Sections 78A-6-103, 78A-6-103.5, and 78A-7-106, the district court has exclusive jurisdiction over any separate offense:
| (a) |
committed by a minor; and |
| (b) |
arising from a single criminal episode containing a qualifying offense for which the district court has original jurisdiction. |
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| (5) |
Except as provided in Subsections (6) and (7), if the district court has jurisdiction over a qualifying offense or a separate offense committed by a minor, the district court is not divested of jurisdiction over the offense when the minor is allowed to enter a plea to, or is found guilty of, a separate offense that is not the qualifying offense or separate offense listed in the criminal information. |
| (6) |
If a minor is charged with a qualifying offense and the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal after a trial:
| (a) |
the jurisdiction of the district court over any separate offense is terminated; and |
| (b) |
the district court shall transfer the separate offense to the juvenile court for disposition in accordance with 7. |
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| (7) |
If a minor is charged with a qualifying offense and the qualifying offense results in a dismissal before a trial:
| (a) |
the jurisdiction of the district court over any separate offense is terminated; and |
| (b) |
the district court shall transfer the separate offense to the juvenile court for adjudication and disposition in accordance with 7. |
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Amended by Chapter 161, 2023 General Session
