Superseded 7/1/2023)
Superseded 7/1/2023
78A-7-106. Jurisdiction.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class C misdemeanor | up to 90 days | up to $750 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 78A-7-106- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
Except for an offense for which the district court has original jurisdiction under Subsection 78A-5-102(8) or an offense for which the juvenile court has original jurisdiction under Subsection 78A-6-103(1)(c), a justice court has original jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions committed within the justice court’s territorial jurisdiction by an individual who is 18 years old or older. |
| (b) |
A justice court has original jurisdiction over the following offenses committed within the justice court’s territorial jurisdiction by an individual who is 18 years old or older:
| (i) |
class C misdemeanor and infraction violations of 2; and |
| (ii) |
class B and C misdemeanor and infraction violations of:
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| (2) |
Except for an offense for which the district court has exclusive jurisdiction under Section 78A-5-102.5 or an offense for which the juvenile court has exclusive jurisdiction under Section 78A-6-103.5, a justice court has original jurisdiction over the following offenses committed within the justice court’s territorial jurisdiction by an individual who is 16 or 17 years old:
| (a) |
class C misdemeanor and infraction violations of 2; and |
| (b) |
class B and C misdemeanor and infraction violations of:
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| (3) |
| (a) |
As used in this Subsection (3), “body of water” includes any stream, river, lake, or reservoir, whether natural or man-made. |
| (b) |
An offense is committed within the territorial jurisdiction of a justice court if:
| (i) |
conduct constituting an element of the offense or a result constituting an element of the offense occurs within the court’s jurisdiction, regardless of whether the conduct or result is itself unlawful; |
| (ii) |
either an individual committing an offense or a victim of an offense is located within the court’s jurisdiction at the time the offense is committed; |
| (iii) |
either a cause of injury occurs within the court’s jurisdiction or the injury occurs within the court’s jurisdiction; |
| (iv) |
an individual commits any act constituting an element of an inchoate offense within the court’s jurisdiction, including an agreement in a conspiracy; |
| (v) |
an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another individual in the planning or commission of an offense within the court’s jurisdiction; |
| (vi) |
the investigation of the offense does not readily indicate in which court’s jurisdiction the offense occurred, and:
| (A) |
the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft passing within the court’s jurisdiction; |
| (B) |
the offense is committed on or in any body of water bordering on or within this state if the territorial limits of the justice court are adjacent to the body of water; |
| (C) |
an individual who commits theft exercises control over the affected property within the court’s jurisdiction; or |
| (D) |
the offense is committed on or near the boundary of the court’s jurisdiction; |
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| (vii) |
the offense consists of an unlawful communication that was initiated or received within the court’s jurisdiction; or |
| (viii) |
jurisdiction is otherwise specifically provided by law. |
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| (4) |
If in a criminal case the defendant is 16 or 17 years old, a justice court judge may transfer the case to the juvenile court for further proceedings if the justice court judge determines and the juvenile court concurs that the best interests of the defendant would be served by the continuing jurisdiction of the juvenile court. |
| (5) |
Justice courts have jurisdiction of small claims cases under Title 78A, Chapter 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial jurisdiction of the justice court. |
| (6) |
| (a) |
As used in this Subsection (6), “domestic violence offense” means the same as that term is defined in Section 77-36-1. |
| (b) |
If a justice court has jurisdiction over a criminal action involving a domestic violence offense and the criminal action is set for trial, the prosecuting attorney or the defendant may file a notice of transfer in the justice court to transfer the criminal action from the justice court to the district court. |
| (c) |
If a justice court receives a notice of transfer from the prosecuting attorney or the defendant as described in Subsection (6)(b), the justice court shall transfer the criminal action to the district court. |
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Amended by Chapter 155, 2022 General Session
Amended by Chapter 318, 2022 General Session
