Utah § 76-1-304 - Defendant out of state -- Plea held invalid -- New prosecutions.
Full text of Utah Utah Code § 76-1-304 — Defendant out of state -- Plea held invalid -- New prosecutions., with citation guidance and answers to common questions.
§ 76-1-304. Defendant out of state -- Plea held invalid -- New prosecutions.
76-1-304. Defendant out of state -- Plea held invalid -- New prosecutions.
| (1) | The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense. |
| (2) | If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate the defendant's conviction, the period of limitation is suspended from the time of the entry of the plea pursuant to the plea agreement until the time at which the conviction is determined to be invalid, and that determination becomes final. |
| (3) | For purposes of this section, "final" means:
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| (4) | When the period of limitation is suspended pursuant to Subsection (2), the suspension includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges which were dismissed as a result of a plea agreement, as well as any known charges which were not barred at the time of entry of the plea. |
| (5) | Notwithstanding any other limitation, a prosecution may be commenced for charges described in Subsection (4) within one year after a plea entered pursuant to a plea agreement has been determined to be invalid, and that determination becomes final. |
Amended by Chapter 302, 2025 General Session
Source: official Utah text · Last verified 2026-08-27
Frequently Asked Questions About Utah § 76-1-304
What does Utah Code § 76-1-304 cover?
Section 76-1-304 ("Defendant out of state -- Plea held invalid -- New prosecutions.") 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 § 76-1-304?
A common citation format is "Utah Code § 76-1-304" (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 § 76-1-304 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.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Utah.