Utah Code 76-1-301 is the primary statute listing crimes which have no statute of limitation. Criminal prosecution may occur at any time when the crime is discovered.
2024 AMENDMENT: Utah just added “Aggravated Human Smuggling” under Section 76-5-310.1 as a crime that can be prosecuted at any time.
Aggravated Human Smuggling is Human Smuggling with a listed aggravating factor, such as:
(a) results in the death of a smuggled individual; (b) results in serious bodily injury to a smuggled individual; (c) involves the smuggling of a child and the child is not accompanied by a family member who is 18 years old or older; (d) involves: (i) rape under Section 76-5-402; (ii) rape of a child under Section 76-5-402.1; (iii) object rape under Section 76-5-402.2; (iv)object rape of a child under Section 76-5-402.3; (v) forcible sodomy under Section 76-5-403; (vi) sodomy on a child under Section 76-5-403.1; (vii) aggravated sexual abuse of a child under Section 76-5-404.1; or (viii) aggravated sexual assault under Section 76-5-405; or (e)involves the smuggling of 10 or more individuals.
(a) capital felony;
(b) aggravated murder;
(c) murder;
(d) manslaughter;
(e) child abuse homicide;
(f) aggravated kidnapping;
(g) child kidnapping;
(h) rape;
(i) rape of a child;
(j) object rape;
(k) object rape of a child;
(l) forcible sodomy;
(m) sodomy on a child;
(n) sexual abuse of a child;
(o) aggravated sexual abuse of a child;
(p) aggravated sexual assault;
(q) any predicate offense to a murder or aggravating offense to an aggravated murder;
(r) aggravated human trafficking or aggravated human smuggling in violation of Section 76-5-310;
(s) aggravated exploitation of prostitution involving a child, under Section 76-10-1306; or
(t) human trafficking of a child, under Section 76-5-308.5.
REDLINE VERSION OF THE 2024 BILL. THIS BILL TAKES EFFECT ON THE DEFAULT DATE OF 05/01/2024. OR MAY 1ST OF THE YEAR IT WAS PASSED.
76-1-301. Offenses for which prosecution may be commenced at any time.
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(1)As used in this section:
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(a)”Aggravating offense” means any offense incident to which a homicide was
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committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection
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76-5-202 (2)(b).
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(b)”Predicate offense” means an offense described in Subsection 76-5-203(1)(a) if a
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person other than a party as defined in Section 76-2-202 was killed in the course of
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the commission, attempted commission, or immediate flight from the commission or
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attempted commission of the offense.
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(2)Notwithstanding any other provisions of this code, prosecution for the following
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offenses may be commenced at any time:
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(a) an offense classified as a capital felony under Section 76-3-103 ;
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(b)aggravated murder under Section 76-5-202 ;
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(c)murder under Section 76-5-203 ;
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(d)manslaughter under Section 76-5-205 ;
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(e)child abuse homicide under Section 76-5-208 ;
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(f)aggravated kidnapping under Section 76-5-302 ;
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(g)child kidnapping under Section 76-5-301.1 ;
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(h)rape under Section 76-5-402 ;
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(i)rape of a child under Section 76-5-402.1 ;
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(j)object rape under Section 76-5-402.2 ;
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(k)object rape of a child under Section 76-5-402.3 ;
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(l)forcible sodomy under Section 76-5-403 ;
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(m)sodomy on a child under Section 76-5-403.1 ;
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(n)sexual abuse of a child under Section 76-5-404.1 ;
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(o)aggravated sexual abuse of a child under Section 76-5-404.3 ;
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(p)aggravated sexual assault under Section 76-5-405 ;
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(q)any predicate offense to a murder or aggravating offense to an aggravated murder;
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(r)aggravated human trafficking or aggravated human smuggling in violation of under
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Section 76-5-310;
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(s) aggravated human smuggling under Section 76-5-310.1;
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(s) (t) aggravated exploitation of prostitution involving a child , under Section
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76-10-1306 ; or
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(t) (u) human trafficking of a child , under Section 76-5-308.5.