Utah § 76-1-302 - Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
Full text of Utah Utah Code § 76-1-302 — Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution., with citation guidance and answers to common questions.
§ 76-1-302. Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
Effective 5/6/2026 76-1-302.
Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
(1)
Except as otherwise provided by Subsection (2) or another provision of the Utah Code, a prosecution for:
(a)
a felony or negligent homicide shall be commenced within four years after it is committed;
(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.
(2)
(a)
A prosecution for:
(i)
an offense 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;
(ii)
an offense of forcible sexual abuse, as described in Section 76-5-404, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency;
(iii)
an offense of incest, as described in Section 76-7-102, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency;
(iv)
an offense of unlawfully marrying a minor, as described in Section 76-7-105, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old;
(v)
an offense of transporting a minor out of state for an illegal marriage, as described in Section 76-7-109, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old; and
(vi)
an offense of traveling out of state to marry a minor, as described in Section 76-7-110, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old.
(b)
Subsection (2)(a)(i) does not apply if the statute of limitations on the offense 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)(a)(i) 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;
Section 76-1-302 ("Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.") 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 § 76-1-302?
A common citation format is "Utah Code § 76-1-302" (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 § 76-1-302 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.
