| (1) |
As used in this section:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 80-6-206- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- committed: means , unless specified otherwise:
| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- Detention: means home detention or secure detention. See Utah Code 80-1-102
- Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
- Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
|
| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
|
| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- Probation: includes intake probation or formal probation. See Utah Code 80-1-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
- Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
- 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
- Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102
- Victim: includes :
| (i) | any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and |
| (ii) | the Utah Office for Victims of Crime. See Utah Code 80-6-102 |
| (a) |
“Custodial interrogation” means any interrogation of a minor while the individual is in custody. |
| (b) |
| (i) |
“Friendly adult” means an adult:
| (A) |
who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and |
| (B) |
who is not hostile or adverse to the child’s interest. |
|
| (ii) |
“Friendly adult” does not include a parent or guardian of the child. |
|
| (c) |
| (i) |
“Interrogation” means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response. |
| (ii) |
“Interrogation” does not include words or actions normally attendant to arrest and custody. |
|
|
| (2) |
If a child is subject to a custodial interrogation for an offense, the child has the right:
| (a) |
to have the child’s parent or guardian present during an interrogation of the child; or |
| (b) |
to have a friendly adult present during an interrogation of the child if:
| (i) |
there is reason to believe that the child’s parent or guardian has abused or threatened the child; or |
| (ii) |
the child’s parent’s or guardian’s interest is adverse to the child’s interest, including that the parent or guardian is a victim or a codefendant of the offense alleged to have been committed by the child. |
|
|
| (3) |
If a child is subject to a custodial interrogation for an offense, the child may not be interrogated unless:
| (a) |
the child has been advised, in accordance with Subsection (4), of the child’s constitutional rights and the child’s right to have a parent or guardian, or a friendly adult if applicable under Subsection (2)(b), present during the interrogation; |
| (b) |
the child has waived the child’s constitutional rights; |
| (c) |
except as provided in Subsection (6), the child’s parent or guardian, or the friendly adult if applicable under Subsection (2)(b), was present during the child’s waiver under Subsection (3)(b) and has given permission for the child to be interrogated; and |
| (d) |
if the child is in the custody of the Division of Child and Family Services and a guardian ad litem has been appointed for the child, the child’s guardian ad litem has given consent to an interview of the child as described in Section 80-2-705. |
|
| (4) |
Before the custodial interrogation of a child by a peace officer or a juvenile probation officer, the peace officer or juvenile probation officer shall disclose the following to the child:
| (a) |
You have the right to remain silent. |
| (b) |
If you do not want to talk to me, you do not have to talk to me. |
| (c) |
If you decide to talk to me, you have the right to stop answering my questions or talking to me at any time. |
| (d) |
Anything you say can and will be used against you in court. |
| (e) |
If you talk to me, I can tell a judge and everyone else in court everything that you tell me. |
| (f) |
You have the right to have a parent or guardian, or a friendly adult if applicable, with you while I ask you questions. |
| (g) |
You have the right to a lawyer. |
| (h) |
You can talk to a lawyer before I ask you any questions and you can have that lawyer with you while I ask you questions. |
| (i) |
If you want to talk to a lawyer, a lawyer will be provided to you for free. |
| (j) |
These are your rights. |
| (k) |
Do you understand the rights that I have just told you? |
| (l) |
Do you want to talk to me? |
|
| (5) |
| (a) |
A peace officer’s, or a juvenile probation officer‘s, compliance with Subsection (4) is determined by examining the entirety of the officer’s disclosures to the child. |
| (b) |
A peace officer’s, or a juvenile probation officer’s, failure to strictly comply with, or state the exact language of, Subsection (4) is not grounds by itself for finding the officer has not complied with Subsection (4). |
|
| (6) |
A child’s parent or guardian, or a friendly adult if applicable under Subsection (2)(b), is not required to be present during the child’s waiver under Subsection (3) or to give permission to the interrogation of the child if:
| (a) |
the child is emancipated as described in Section 80-7-105; |
| (b) |
the child has misrepresented the child’s age as being 18 years old or older and a peace officer or a juvenile probation officer has relied on that misrepresentation in good faith; or |
| (c) |
a peace officer, a juvenile probation officer, or a law enforcement agency:
| (i) |
has made reasonable efforts to contact the child’s parent or legal guardian or a friendly adult if applicable under Subsection (2)(b); and |
| (ii) |
has been unable to make contact within one hour after the time at which the child is taken into temporary custody. |
|
|
| (7) |
| (a) |
If an individual is admitted to a detention facility under Section 80-6-205, committed to a secure care facility under Section 80-6-705, or housed in a secure care facility under Section 80-6-507, and the individual is subject to a custodial interrogation for an offense, the individual may not be interrogated unless:
| (i) |
the individual has had a meaningful opportunity to consult with the individual’s appointed or retained attorney; |
| (ii) |
the individual waives the individual’s constitutional rights after consultation with the individual’s appointed or retained attorney; and |
| (iii) |
the individual’s appointed or retained attorney is present for the interrogation. |
|
| (b) |
Subsection (7)(a) does not apply to a juvenile probation officer or a staff member of a detention facility, unless the juvenile probation officer or the staff member is interrogating the individual on behalf of a peace officer or a law enforcement agency. |
|
| (8) |
If a child is subject to a custodial interrogation for an offense, a peace officer, or an individual interrogating a child on behalf of a peace officer or a law enforcement agency, may not knowingly:
| (a) |
provide false information about evidence that is reasonably likely to elicit an incriminating response from the child; or |
| (b) |
make an unauthorized statement about leniency for the offense. |
|
| (9) |
A minor may only waive the minor’s right to be represented by counsel at all stages of court proceedings as described in Section 78B-22-204. |
Amended by Chapter 436, 2023 General Session
|
|
|
|
|
