Section 305 – Lesser included offense for which period of limitations has run.
76-1-305. Lesser included offense for which period of limitations has run. Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense […]
Section 306 – Judge to determine.
76-1-306. Judge to determine. When an issue concerning the statute of limitations is raised, the judge shall determine by a preponderance of the evidence whether the prosecution is barred by the limitations in this part. Enacted by Chapter 121, 1998 General Session
Section 401 – “Single criminal episode” defined — Joinder of offenses and defendants.
76-1-401. “Single criminal episode” defined — Joinder of offenses and defendants. In this part unless the context requires a different definition, “single criminal episode” means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a single criminal objective. Nothing in this part shall be construed to […]
Section 402 – Separate offenses arising out of single criminal episode — Included offenses.
76-1-402. Separate offenses arising out of single criminal episode — Included offenses. (1) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode; however, when the same act of a defendant under a single criminal episode shall establish offenses which may be punished in […]
Section 403 – Former prosecution barring subsequent prosecution for offense out of same episode.
76-1-403. Former prosecution barring subsequent prosecution for offense out of same episode. (1) If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode, a subsequent prosecution for the same or a different offense arising out of the same criminal episode is barred if: (a) the subsequent prosecution […]
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 102 – Effective date.
76-1-102. Effective date. This code shall become effective on July 1, 1973. Enacted by Chapter 196, 1973 General Session
Section 103 – Application of code — Offense prior to effective date.
76-1-103. Application of code — Offense prior to effective date. (1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed […]
Section 104 – Purposes and principles of construction.
76-1-104. Purposes and principles of construction. The provisions of this code shall be construed in accordance with these general purposes. (1) Forbid and prevent the commission of offenses. (2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal. (3) Prescribe penalties which […]
Section 105 – Common law crimes abolished.
76-1-105. Common law crimes abolished. Common law crimes are abolished and no conduct is a crime unless made so by this code, other applicable statute or ordinance. Amended by Chapter 32, 1974 General Session