US Lawyer Database

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 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 […]