76-1-302 - Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution. - Utah Statutes

76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA evidencewould identify the defendant -- Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced within four years after it iscommitted, except that prosecution for:
(i) forcible sexual abuse shall be commenced within eight years after the offense iscommitted, if within four years after its commission the offense is reported to a law enforcementagency; and
(ii) incest shall be commenced within eight years after the offense is committed, if withinfour years after its commission the offense is reported to a law enforcement agency;
(b) a misdemeanor other than negligent homicide shall be commenced within two yearsafter it is committed; and
(c) any infraction shall be commenced within one year after it is committed.
(2) (a) Notwithstanding Subsection (1), prosecution for the offenses listed in Subsections76-3-203.5(1)(c)(i)(A) through (AA) may be commenced at any time if the identity of the personwho committed the crime is unknown but DNA evidence is collected that would identify theperson at a later date.
(b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as ofMay 5, 2003, and no charges have been filed.
(3) If the statute of limitations would have run but for the provisions of Subsection (2)and identification of a perpetrator is made through DNA, a prosecution shall be commencedwithin one year of the discovery of the identity of the perpetrator.
(4) A prosecution is commenced upon:
(a) the finding and filing of an indictment by a grand jury;
(b) the filing of a complaint or information; or
(c) the issuance of a citation.

Amended by Chapter 84, 2009 General Session
Amended by Chapter 292, 2009 General Session