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2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 1 - General Provisions
Part 3 - Limitations of Actions
Section 302 - Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
Universal Citation: UT Code § 76-1-302 (2023)
Effective 5/4/2022
76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
Amended by Chapter 185, 2022 General Session
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 be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency; and
- (ii) incest shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency;
- (b) a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and
- (c) any infraction shall be commenced within one year after it is committed.
- (a) a felony or negligent homicide shall be commenced within four years after it is committed, except that prosecution for:
- (2)
- (a) Notwithstanding Subsection (1), prosecution for the offenses listed in Subsections 76-3-203.5(1)(c)(i)(A) through (CC) may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date.
- (b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of May 5, 2003, and no charges have been filed.
- (3) If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within four years of confirmation of the identity of the perpetrator.
- (4) A prosecution is commenced upon:
- (a) the finding and filing of an indictment by a grand jury;
- (b) the filing of a complaint or information; or
- (c) the issuance of a citation.
Amended by Chapter 185, 2022 General Session
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