2016 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 2 - Prosecution, Screening, and Diversion
Section 9 - Offenses ineligible for diversion.

77-2-9. Offenses ineligible for diversion.

• (1) Except as provided in Subsection (2), diversion may not be granted by a magistrate for:
  • (a) a capital felony;
  • (b) a felony in the first degree;
  • (c) any case involving a sexual offense against a victim who is under the age of 14;
  • (d) any motor vehicle related offense involving alcohol or drugs;
  • (e) any case involving using a motor vehicle in the commission of a felony;
  • (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;
  • (g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:
    • (i) manslaughter under Section 76-5-205; or
    • (ii) negligent homicide under Section 76-5-206; or
  • (h) a crime of domestic violence as defined in Section 77-36-1.

• (2) When a person under the age of 16 is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, the court may enter a diversion in the matter if the court enters on the record its findings that:
  • (a) the person did not use coercion or force;
  • (b) there is no more than two years' difference between the ages of the participants; and
  • (c) it would be in the best interest of the person to grant diversion.

Amended by Chapter 146, 2009 General Session