The following Utah sex crime allegations can be prosecuted at any time. The Utah statute is Utah Code Ann. 76-3-1 (2020).
The statute of limitations for a felony violation of Section 76-5-401 or 76-5-401.2 is 10 years from the time the victim reaches the age of 18. See Utah Code Ann. 76-1-301.1 (2020). Unlawful sexual activity with a minor is found at Utah Code Ann. 76-5.401 (2020). Unlawful sexual activity with a minor is defined under Utah law to mean
The alleged offender is 18 years of age and is older. The child is 14 to 16 years old. The adult has consensual sex, sodomy, oral sex or object penetration with the 14 to 16 year old child. Unlawful sexual activity with a minor is a 3rd degree felony punishable by 1-5 years in the Utah State prison.
If the offender is less than four years older than the child victim, then it’s a Class B Misdemeanor and not a registrable sex offense.
If the offender is less than 21 years old and they prove by a preponderance of the evidence that being under 21 years old was a mitigating factor, then it’s a Class A misdemeanor and not a registrable sex offense.
The statue of limitations is 10 years from the time the 16-17 year old child reaches 18, the age of majority. This offense is a registrable Utah sex offense. It’s a 3rd degree felony if you are convicted of consensual sex with the minor, sodomy, oral sex, or consensual object penetration. It’s a Class A Misdemeanor if the adult offender consensually touches the breasts, buttocks, genitals or pubic areas.
The statute of limitations for all other sex offenses that can’t be prosecuted at any time, or for unlawful sexual activity with a minor, the following limitations period applies. See Utah Code Ann. 76-1-302 (2020) for the exact code language.
Sex Offense Felonies—Four Year Statute of Limitations.
Sex offense felonies shall be commenced within four years after it is committed. Exceptions to the normal four year felony Utah sex offense limitations period are the following:
Forcible Sexual Abuse—Eight Years. (1). Forcible sexual abuse shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency; and
Incest—Eight Years. (1). Incest shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency;
Misdemeanors—Two Year Statute of Limitations. (1) A misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and
Infractions—One Year Statute of Limitations. (There are Utah Sex Offenses that are Infractions) (1) any infraction shall be commenced within one year after it is committed.
DNA Evidence Later Found—Nearly Unlimited Statute of Limitations.
If DNA is later found and identifies the alleged offender, the following crimes can be prosecuted at any time that the identifying DNA is later found:
assault by prisoner, Section 76-5-102.5;
disarming a police officer, Section 76-5-102.8;
aggravated assault, Section 76-5-103;
aggravated assault by prisoner, Section 76-5-103.5;
mayhem, Section 76-5-105;
stalking, Subsection 76-5-106.5(2) or (3);
threat of terrorism, Section 76-5-107.3;
child abuse, Subsection 76-5-109(2)(a) or (b);
commission of domestic violence in the presence of a child, Section 76-5-109.1;
abuse or neglect of a child with a disability, Section 76-5-110;
abuse, neglect, or exploitation of a vulnerable adult, Section 76-5-111;
endangerment of a child or vulnerable adult, Section 76-5-112.5;
criminal homicide offenses under Title 76, Chapter 5, Part 2, Criminal Homicide;
kidnapping, child kidnapping, and aggravated kidnapping under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
rape, Section 76-5-402;
rape of a child, Section 76-5-402.1;
object rape, Section 76-5-402.2;
object rape of a child, Section 76-5-402.3;
forcible sodomy, Section 76-5-403;
sodomy on a child, Section 76-5-403.1;
forcible sexual abuse, Section 76-5-404;
aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
aggravated sexual assault, Section 76-5-405;
sexual exploitation of a minor, Section 76-5b-201;
sexual exploitation of a vulnerable adult, Section 76-5b-202;
aggravated burglary and burglary of a dwelling under Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass;
aggravated robbery and robbery under Title 76, Chapter 6, Part 3, Robbery;
Alleged Crimes Where Statute Ran Before 2003, Subsequent DNA Found, Still Can’t be Prosecuted.
The only saving clause for old, alleged crimes where DNA is subsequently found is that any alleged crime where the statute of limitations runs before 05/05/2003 you still can’t prosecute it.
UTAH STATUTE OF LIMITATIONS DEFENSES FOR OLD SEX CRIMES ALLEGATIONS.
Whenever old sex offense allegations are made against you, a careful review by your Utah sex crimes defense attorney is in order. In 2020, it’s very popular to allow, stale, decades old single sentence sex offense allegations to be prosecuted. If the mere words are muttered from a breathing person, the district attorney’s office will file charges.
WHO DETERMINES IF THE STATUTE OF LIMITATIONS HAS RUN ON YOUR SEX CRIMES CHARGES?
The question of whether the statute of limitations has run on your sex crimes charges will be determined by the judge. Not the jury. Any statute of limitations for sex crimes will be determined by a preponderance of the evidence, not beyond a reasonable doubt. Preponderance of the evidence is like going 51 yards on the football field, or presenting the greater weight of the evidence.
TOLLING OF SEX OFFENSE STATUTE OF LIMITATIONS.
Utah sex offense allegations are tolled any time you have fled the country, or are out-of-state.
STATUTE OF LIMITATIONS FOR LESSER INCLUDED OFFENSES.
Whenever a person is charged with an offense for which the period of limitations has not run and the person is found guilty of a lesser included sex offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to punishment for the lesser offense. Basically, even if the statute of limitations has run on the lesser included offense—it doesn’t matter, you can still be convicted.
Hiring aggressive, smart Utah sex crimes defense attorneys can make all the difference. The skill of cross-examination to undermine the credibility of the alleged victim is critical.
Call Utah sex crimes defense attorney Jake Gunter for a free consultation regarding your Utah sex crimes charges. (801) 373-6345. Provolawyers.com. jacob@provolawyers.com
