General Rule. The Utah government must file criminal charges against you within 2 years of the alleged criminal act for misdemeanors. See Utah Code 76-1-302(1)(B). The Utah statute of limitations for all misdemeanors, Class A, B, or C is two years.
Exception–Filing Charges Tolls. But under Utah case law, the limitations period applicable in all criminal cases is tolled by the filing of an information. See State v. Strand, 674 P.2d 109, 110 (Utah 1983) (“The filing of an information commences the action and thus tolls the running of the applicable statute of limitations.”).
Example: Provo City Sexual Battery Charges. Defendant is charged with Sexual Battery via Utah Code 76-9-702.1 that allegedly occurred June 1, 2017. The Provo City attorneys’ office must file criminal charges against you within 2 years or the case is barred by the statute of limitations. Even if the case is ultimately dismissed in September 2019, the statute was tolled and case can be refiled.
There are other exceptions that toll a Utah criminal statute of limitations not discussed here. Warrants, fleeing the state or country are other examples of tolling. Federal criminal law has its own statute of limitations and associated case law.
Effective 5/4/2022
76-1-302 Time limitations for prosecution of offenses — Provisions if DNA evidence would
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 is committed, except that prosecution for:
(i) 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
(ii) 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;
(b) a misdemeanor other than negligent homicide shall be commenced within two years after 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 Subsections
76-3-203.5(1)(c)(i)(A) through (CC) may be commenced at any time if the identity of the
person who committed the crime is unknown but DNA evidence is collected that would
identify the person at a later date.
(b) Subsection (2)(a) does not apply if the statute of limitations on a crime has run as of May 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 commenced within
four years of confirmation 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 185, 2022 General Session
