Statute of Limitations Utah: Your Guide to Criminal Charge Deadlines

If you’re facing a criminal investigation in Utah, understanding the statute of limitations Utah laws is critical. How long does a prosecutor have to file charges? Why haven’t charges been filed for an incident from over two years ago? Utah criminal defense attorney Jake Gunter at Howard, Lewis & Petersen, P.C. explains the time limits for filing criminal charges under Utah law. Contact us for a free consultation at (801) 373-6345.

What Is the Statute of Limitations in Utah?

The statute of limitations Utah refers to the time period during which prosecutors—state, city, or county—must file criminal charges for an alleged crime. If the deadline passes, charges cannot be brought, protecting you from prosecution for that offense. These rules, found in Utah Code Annotated 76-1-301 to 306, vary by crime type. Below, we break down the key deadlines for felonies, misdemeanors, infractions, and exceptions.

Crimes with No Statute of Limitations in Utah

Certain serious offenses in Utah have no statute of limitations, meaning prosecutors can file charges at any time. According to Utah Code Ann. 76-1-301, these include:

• Capital felony
• Aggravated murder
• Murder
• Manslaughter
• Child abuse homicide
• Aggravated kidnapping
• Child kidnapping
• Rape and rape of a child
• Object rape and object rape of a child
• Forcible sodomy and sodomy on a child
• Sexual abuse of a child
• Aggravated sexual abuse of a child
• Aggravated sexual assault
• Aggravated human trafficking or smuggling (Section 76-5-310)
• Aggravated exploitation of prostitution involving a child (Section 76-10-1306)
• Predicate or aggravating offenses tied to murder (Sections 76-5-202, 76-5-203)

These offenses, primarily homicides and serious sex crimes, can be prosecuted decades later, especially with DNA evidence. If you’re under investigation for these, consult a Utah criminal defense attorney immediately.

Felony Statute of Limitations Utah: 4-Year Rule

Most felonies in Utah have a four-year statute of limitations, meaning charges must be filed within four years of the alleged crime (Utah Code Ann. 76-1-302). This includes negligent homicide. However, exceptions exist for certain sex offenses:

• Forcible sexual abuse: Eight years, if reported to law enforcement within four years of the offense.
• Incest: Eight years, if reported within four years.

If you’re being investigated for a felony from over two years ago, the prosecutor may still have time to file charges. A skilled attorney can assess whether the statute has expired.

Misdemeanor Statute of Limitations Utah: 2-Year Rule

For most misdemeanors (excluding negligent homicide), Utah law requires prosecutors to file charges within two years of the alleged offense (Utah Code Ann. 76-1-302). If you’re under investigation for a misdemeanor from over two years ago, the statute of limitations Utah may have expired, potentially barring prosecution. However, you must raise this defense in court, or you could forfeit it.

Infraction Statute of Limitations Utah: 1-Year Rule

Criminal infractions, such as minor traffic violations or disorderly conduct, have a one-year statute of limitations (Utah Code Ann. 76-1-302). Prosecutors must file charges within one year, or the case is barred.

Public Corruption and Bribery: 2 Years from Reporting

Offenses like misusing public money, falsifying government records, or bribery have a unique two-year statute of limitations that starts when the offense is reported to a prosecutor with jurisdiction (Utah Code Ann. 76-1-301.5). This applies regardless of when the crime occurred, making timely reporting critical.

DNA Evidence and Statute of Limitations

If DNA evidence later identifies a suspect in certain crimes (e.g., aggravated assault, rape, or kidnapping), Utah law allows charges to be filed within one year of the suspect’s identification, even if the original statute of limitations has passed (Utah Code Ann. 76-1-302). This applies to many serious felonies listed under “no statute of limitations” crimes. Always consult an attorney for DNA-related cases.

Public Office Misconduct and Fraud

For crimes like fraud, breach of fiduciary duty, or public officer misconduct, the statute of limitations Utah varies (Utah Code Ann. 76-1-303). Charges can be filed during the defendant’s time in office or employment, or within two years after leaving, but not extending the standard limitation by more than three years. Review this statute carefully with an attorney.

Tolling the Statute of Limitations

The statute of limitations Utah can be “tolled” (paused) if the suspect leaves Utah after committing the offense (Utah Code Ann. 76-1-304). The clock resumes when they return. This prevents suspects from evading prosecution by fleeing. If you’ve been out of state, this could explain delays in filing charges.

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Why Haven’t Charges Been Filed After Two Years?

If allegations are over two years old and no charges have been filed, several factors could explain the delay:

• Crime Type: If the offense has no statute of limitations (e.g., murder, rape) or a longer period (e.g., four years for felonies), prosecutors may still have time.
• Investigation Delays: Police may lack sufficient evidence or witnesses, prolonging the investigation. There’s no strict time limit on investigations, only on filing charges.
• DNA Evidence: If DNA recently identified you, the statute may restart for certain crimes.
• Tolling: If you left Utah, the statute may have paused.

A Utah criminal defense attorney can investigate why charges haven’t been filed and whether the statute of limitations has expired.

Who Decides If the Statute of Limitations Has Expired?

A judge, not a jury, determines if the statute of limitations Utah has expired, based on a “preponderance of the evidence” standard (Utah Code Ann. 76-1-306). Your attorney must raise this defense promptly, or you risk forfeiting it.

Protect Your Rights with a Utah Criminal Defense Attorney

If you’re under investigation or worried about potential charges, don’t speak to police without an attorney. The statute of limitations Utah laws are complex, and missing a defense opportunity could harm your case. Utah criminal defense attorney Jake Gunter at Howard, Lewis & Petersen, P.C. has extensive experience navigating these laws. Call (801) 373-6345 or text us for a free consultation to protect your rights.

Key Takeaways on Statute of Limitations Utah

• No Time Limit: Serious crimes like murder, rape, and aggravated kidnapping can be prosecuted anytime.
• Felonies: Generally four years, with exceptions for forcible sexual abuse and incest (eight years if reported within four).
• Misdemeanors: Two years, except negligent homicide (four years).
• Infractions: One year.
• Tolling: Leaving Utah pauses the statute of limitations.
• DNA Evidence: May extend filing deadlines for certain crimes.

Don’t wait to secure legal representation. Contact Jake Gunter today to ensure your defense is airtight.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.