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2023 Utah Code
Title 78B - Judicial Code
Chapter 2 - Statutes of Limitations
Part 1 - General Provisions and Special Actions
Section 119 - Statute of limitations after criminal proceeding.
Universal Citation:
UT Code § 78B-2-119 (2023)
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Effective 5/4/2022
78B-2-119. Statute of limitations after criminal proceeding.
Enacted by Chapter 474, 2022 General Session
78B-2-119. Statute of limitations after criminal proceeding.
- (1) As used in this section:
- (a) "Cause of action" means any civil claim that a victim could bring against a defendant for criminal conduct committed against the victim.
- (b) "Criminal conduct" means any act that is charged as a felony under:
- (i)Title 76, Chapter 5, Offenses Against the Individual; or
- (ii)Title 76, Chapter 4, Inchoate Offenses, that is directly related to prohibited conduct under Title 76, Chapter 5, Offenses Against the Individual.
- (c) "Victim" means an individual directly harmed by criminal conduct or the individual's representative.
- (2)
- (a) Notwithstanding any statute of limitations, a victim may bring a cause of action if:
- (i) the defendant to the cause of action was charged by a criminal complaint, indictment, or information for criminal conduct;
- (ii) the cause of action is brought within one year from the day on which a final disposition for the criminal proceeding is issued;
- (iii) the cause of action is brought to address any harm resulting from the criminal conduct that was at issue in the criminal proceeding described in Subsection (2)(a)(ii); and
- (iv) the applicable statute of limitations that would apply to the conduct at issue in the cause of action did not expire before May 4, 2022.
- (b) A defendant does not need to be convicted of the criminal conduct for an individual to bring a cause of action under Subsection (2)(a).
- (a) Notwithstanding any statute of limitations, a victim may bring a cause of action if:
- (3) Subsection (2)(a) does not:
- (a) shorten an applicable statute of limitations or an applicable tolling provision;
- (b) toll or extend an applicable statute of limitations for an action that is brought against an employer or former employer of a defendant described in Subsection (2)(a)(i); or
- (c) require an insurer to defend or indemnify a defendant for a cause of action that would otherwise be barred if not for Subsection (2)(a).
Enacted by Chapter 474, 2022 General Session
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