Utah § 77-2-2.3 - Reducing the level of an offense.

Full text of Utah Utah Code § 77-2-2.3 — Reducing the level of an offense., with citation guidance and answers to common questions.

§ 77-2-2.3. Reducing the level of an offense.

Effective 5/7/2025
77-2-2.3.  Reducing the level of an offense.
(1)Subject to Subsection (2) and notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may:
(a)present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in the applicable section; or
(b)subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in the applicable section.
(2)If the offense the prosecuting attorney is seeking to lower by one degree, either by information or plea agreement under Subsection (1)(a) or (b), is an offense listed in Subsection 76-3-406(2), the prosecuting attorney shall, on the record, state that it is in the interests of justice to lower the offense by one degree.
(3)A court may:
(a)enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in the applicable section; and
(b)impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in the applicable section.
(4)A conviction of an offense at one degree lower than classified in the applicable section under Subsection (3) does not affect the requirements for registration of the offense under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of a registrable offense described in Section 53-29-202.
(5)This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40a, Expungement of Criminal Records.


Amended by Chapter 193, 2025 General Session
Amended by Chapter 291, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 77-2-2.3

What does Utah Code § 77-2-2.3 cover?

Section 77-2-2.3 ("Reducing the level of an offense.") 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 § 77-2-2.3?

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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 § 77-2-2.3 apply to my situation?

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