Utah law continues to expand the list of criminal offenses that may be prosecuted at any time, regardless of how many years have passed since the alleged conduct. One of the most significant recent additions is Aggravated Exploitation of Prostitution Involving a Child (Utah Code § 76-5d-208), which now carries no statute of limitations.
This change has permanent consequences. A case that might once have been time-barred can now be filed decades later based solely on an accusation.
What Does “No Statute of Limitations” Mean?
In criminal law, a statute of limitations sets a deadline for prosecutors to file charges. Once that deadline expires, the case is closed forever.
However, for specific "no limit" offenses, prosecution may begin at any time—even 20, 30, or 40 years after the alleged incident.
Utah Crimes That Can Be Prosecuted at Any Time
Under Utah law, there is no deadline to commence prosecution for the following serious offenses:
Homicide & Violent Felonies
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Capital Felonies & Aggravated Murder
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Murder & Manslaughter
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Child Abuse Homicide
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Aggravated Kidnapping & Child Kidnapping
Sexual Offenses & Crimes Against Children
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Rape & Rape of a Child
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Object Rape & Object Rape of a Child
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Forcible Sodomy & Sodomy on a Child
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Sexual Abuse of a Child & Aggravated Sexual Abuse of a Child
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Aggravated Sexual Assault
Human Trafficking & Exploitation
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Aggravated Human Trafficking & Human Smuggling
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Human Trafficking of a Child
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Aggravated Exploitation of Prostitution Involving a Child (§ 76-5d-208)
The inclusion of § 76-5d-208 places this offense among the most serious crimes in the state, on par with murder and aggravated sexual assault.
The Danger of Delayed Allegations for the Accused
Cases involving "no statute of limitations" present unique and dangerous challenges for a legal defense. Because charges can surface decades later, the defense often faces:
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Degraded Memories: Allegations based on 30-year-old recollections are notoriously unreliable.
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Missing Evidence: Physical evidence, logs, or digital records are often destroyed or lost over time.
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Unavailable Witnesses: Key witnesses may have moved, passed away, or lost their memory of the events.
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Lack of Contemporaneous Proof: Investigations are often driven by delayed reports rather than physical evidence collected at the time of the alleged incident.
Note: These cases are frequently built almost entirely on verbal statements. Without physical evidence to refute them, an aggressive defense strategy is your only protection.
https://www.youtube.com/watch?v=bNdpIBAvyHo&start=1
You Cannot Outrun These Charges—You Must Defend Them
If you are under investigation or facing charges for an offense with no statute of limitations, waiting is not a strategy. These cases do not "go away" with time. They are either fought in court or they result in life-altering convictions.
Speak With a Utah Criminal Defense Attorney Immediately
If you or a loved one are facing allegations involving sexual offenses or child exploitation, you need experienced trial counsel today.
Call or Text Utah Criminal Defense Attorney Jake Gunter
** (801) 373-6345**
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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.
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- 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.