Section 405 – Subsequent prosecution not barred — Circumstances.
76-1-405. Subsequent prosecution not barred — Circumstances. A subsequent prosecution for an offense shall not be barred under the following circumstances: (1) The former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed; or (2) […]
Section 501 – Presumption of innocence — “Element of the offense” defined.
Effective 5/13/2014 76-1-501. Presumption of innocence — “Element of the offense” defined. (1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted. (2) As used in this […]
Section 502 – Negating defense by allegation or proof — When not required.
76-1-502. Negating defense by allegation or proof — When not required. Section 76-1-501 does not require negating a defense: (1) By allegation in an information, indictment, or other charge; or (2) By proof, unless: (a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution […]
Section 503 – Presumption of fact.
76-1-503. Presumption of fact. An evidentiary presumption established by this code or other penal statute has the following consequences: (1) When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole […]
Section 504 – Affirmative defense presented by defendant.
76-1-504. Affirmative defense presented by defendant. Evidence of an affirmative defense as defined by this code or other statutes shall be presented by the defendant. Enacted by Chapter 196, 1973 General Session
Section 404 – Concurrent jurisdiction — Prosecution in other jurisdiction barring prosecution in state.
76-1-404. Concurrent jurisdiction — Prosecution in other jurisdiction barring prosecution in state. If a defendant’s conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if: […]
Section 301.1 – Statute of limitations for unlawful sexual activity with a minor.
Effective 5/12/2020 76-1-301.1. Statute of limitations for unlawful sexual activity with a minor. The statute of limitations for a felony violation of Section 76-5-401 or 76-5-401.2 is 10 years from the time the victim reaches the age of 18. Enacted by Chapter 194, 2020 General Session
Section 301.5 – Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery.
76-1-301.5. Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery. (1) A prosecution for misusing public money, falsification or alteration of government records, or for a bribery offense shall be commenced within two years after facts constituting the offense have been reported to a prosecutor having responsibility and […]
Section 302 – Time limitations for prosecution of offenses — Provisions if DNA evidence would identify the defendant — Commencement of prosecution.
Effective 5/4/2022 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: (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 […]
Section 303 – Time limitations for fraud or breach of fiduciary obligation — Misconduct of public officer or employee.
76-1-303. Time limitations for fraud or breach of fiduciary obligation — Misconduct of public officer or employee. (1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report […]