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2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 2 - Prosecution, Screening, and Diversion
Section 1.2 - Reducing the level of an offense.
Universal Citation: UT Code § 77-2-1.2 (2020)
Effective 5/12/2020
77-2-1.2. Reducing the level of an offense.
Enacted by Chapter 151, 2020 General Session
77-2-1.2. Reducing the level of an offense.
- (1) Notwithstanding any other provision of law, a prosecuting attorney may:
- (a) present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute if the prosecuting attorney believes that the sentence would be disproportionate to the offense because there are special circumstances relating to the offense; or
- (b) subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute.
- (2) A court may:
- (a) enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in statute; and
- (b) impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in statute.
- (3) A conviction of an offense at one degree lower than classified in statute under Subsection (2) does not affect the requirements for registration of the offense under Title 77, Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of an offense described in Section 77-41-102 or 77-43-102.
- (4) This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40, Utah Expungement Act.
Enacted by Chapter 151, 2020 General Session
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