Effective 5/4/2022 76-1-301. Offenses for which prosecution may be commenced at any time. (1) As used in this section: (a) “Aggravating offense” means any offense incident to which a homicide was committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b). (b) “Predicate offense” means an offense described in Subsection 76-5-203(1)(a) if a person […]
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
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 […]
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 […]
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 […]
76-1-304. Defendant out of state — Plea held invalid — New prosecutions. (1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense. (2) If the defendant has entered into a plea agreement with the […]
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 […]
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
