Utah § 80-6-305 - Petition for a delinquency proceeding -- Amending a petition -- Continuance.
Full text of Utah Utah Code § 80-6-305 — Petition for a delinquency proceeding -- Amending a petition -- Continuance., with citation guidance and answers to common questions.
§ 80-6-305. Petition for a delinquency proceeding -- Amending a petition -- Continuance.
Effective 5/7/2025 80-6-305.
Petition for a delinquency proceeding -- Amending a petition -- Continuance.
(1)
A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:
A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:
(a)
the individual is alleged to have committed a felony violation of:
(i)
Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
(ii)
Section 76-5-202, aggravated murder or attempted aggravated murder;
Section 76-11-210, felony discharge of a firearm; or
(b)
an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor:
(i)
declines to accept the offer for the nonjudicial adjustment; or
(ii)
fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.
(3)
A juvenile court may dismiss a petition under this section at any stage of the proceedings.
(4)
(a)
When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent.
(b)
The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence.
(c)
If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.
Amended by Chapter 173, 2025 General Session Amended by Chapter 208, 2025 General Session
Section 80-6-305 ("Petition for a delinquency proceeding -- Amending a petition -- Continuance.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-6-305?
A common citation format is "Utah Code § 80-6-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-6-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
