reglab/housing_qa huggingface dataset:
UT Code § 76-6a-4 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 6a - Pyramid Scheme Act|Section 4 - Operation as felony -- Participation as misdemeanor -- Investigation -- Prosecution.

76-6a-4. Operation as felony -- Participation as misdemeanor -- Investigation -- Prosecution.    (1) Any person who knowingly organizes, establishes, promotes, or administers a pyramid scheme is guilty of a third degree felony.     (2) Any person who participates in a pyramid scheme only by receiving compensation for the introduction of other persons into the pyramid scheme rather than from the sale of goods, services, or other property is guilty of a class B misdemeanor.     (3) The appropriate county attorney or district attorney has primary responsibility for investigating and prosecuting criminal violations of this chapter.    Amended by Chapter 247, 2006 General Session
UT Code § 76-6a-5 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 6a - Pyramid Scheme Act|Section 5 - Plan provisions not constituting defenses.

76-6a-5. Plan provisions not constituting defenses.  It is not a defense to an action brought under this chapter if:  (1) The sales device or plan limits the number of persons who may be introduced into it;     (2) The sales device or plan includes additional conditions affecting eligibility for introduction into it or when compensation is received from it; or     (3) A person receives property or services in addition to the compensation or right to receive compensation in connection with a pyramid scheme.    Enacted by Chapter 89, 1983 General Session
UT Code § 76-6a-6 (2021)
2021 Utah Code|Title 76 - Utah Criminal Code|Chapter 6a - Pyramid Scheme Act|Section 6 - Rights of persons giving consideration in scheme.

76-6a-6. Rights of persons giving consideration in scheme.    (1) Any person giving consideration in connection with a pyramid scheme may, notwithstanding any agreement to the contrary, declare his giving of consideration and the related sale or contract for sale void, and may bring a court action to recover the consideration. In the action, the court shall, in addition to any judgment awarded to the plaintiff, require the defendant to pay to the plaintiff interest as provided in Section 15-1-4, reasonable attorneys' fees, and the costs of the action reduced by any compensation paid by the defendant to the plaintiff in connection with the pyramid scheme.     (2) The rights, remedies, and penalties provided in this chapter are independent of and supplemental to each other and to any other right, remedy or penalty available in law or equity. Nothing contained in this chapter shall be construed to diminish or abrogate any other right, remedy or penalty.    Enacted by Chapter 89, 1983 General Session
UT Code § 77-1-1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 1 - Short title.

77-1-1. Short title.  This act shall be known and may be cited as the "Utah Code of Criminal Procedure."  Enacted by Chapter 15, 1980 General Session
UT Code § 77-1-2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 2 - Criminal procedure prescribed.

77-1-2. Criminal procedure prescribed.  The procedure in criminal cases shall be as prescribed in this title, the Rules of Criminal Procedure, and such further rules as may be adopted by the Supreme Court of Utah.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-1-3 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 3 - Definitions.

 Effective 7/1/2021  77-1-3. Definitions.  For the purpose of this act:  (1) "Criminal action" means the proceedings by which a person is charged, accused, and brought to trial for a public offense.     (2) "Indictment" means an accusation in writing presented by a grand jury to the district court charging a person with a public offense.     (3) "Information" means an accusation, in writing, charging a person with a public offense which is presented, signed, and filed in the office of the clerk where the prosecution is commenced in accordance with Section 77-2-2.2.     (4) "Magistrate" means a justice or judge of a court of record or not of record or a commissioner of such a court appointed in accordance with Section 78A-5-107, except that the authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial council. The judicial council rules shall not exceed constitutional limitations upon the delegation of judicial authority.     (5) "Risk and needs assessment" means an actuarial tool validated on offenders that determines:   (a) an individual's risk of reoffending; and     (b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending.      Amended by Chapter 260, 2021 General Session
UT Code § 77-1-4 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 4 - Conviction to precede punishment.

77-1-4. Conviction to precede punishment.  No person shall be punished for a public offense until convicted in a court having jurisdiction.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-1-5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 5 - Prosecuting party.

77-1-5. Prosecuting party.  A criminal action for any violation of a state statute shall be prosecuted in the name of the state of Utah. A criminal action for violation of any county or municipal ordinance shall be prosecuted in the name of the governmental entity involved.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-1-6 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 6 - Rights of defendant.

77-1-6. Rights of defendant.    (1) In criminal prosecutions the defendant is entitled:   (a) To appear in person and defend in person or by counsel;     (b) To receive a copy of the accusation filed against him;     (c) To testify in his own behalf;     (d) To be confronted by the witnesses against him;     (e) To have compulsory process to insure the attendance of witnesses in his behalf;     (f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed;     (g) To the right of appeal in all cases; and     (h) To be admitted to bail in accordance with provisions of law, or be entitled to a trial within 30 days after arraignment if unable to post bail and if the business of the court permits.       (2) In addition:   (a) No person shall be put twice in jeopardy for the same offense;     (b) No accused person shall, before final judgment, be compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay the costs of those rights when received;     (c) No person shall be compelled to give evidence against himself;     (d) A wife shall not be compelled to testify against her husband nor a husband against his wife; and     (e) No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.      Enacted by Chapter 15, 1980 General Session
UT Code § 77-1-7 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 1 - Preliminary Provisions|Section 7 - Dismissal without trial -- Custody or discharge of defendant.

77-1-7. Dismissal without trial -- Custody or discharge of defendant.    (1)   (a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:   (i) there was unreasonable delay;     (ii) the court is without jurisdiction;     (iii) the offense was not properly alleged in the information or indictment; or     (iv) there was a defect in the impaneling or the proceedings relating to the grand jury.       (b) The court may make orders regarding custody of the defendant pending the filing of new charges as the interest of justice may require. Otherwise, the defendant shall be discharged and bail exonerated.       (2) An order of dismissal based upon unconstitutional delay in bringing the defendant to trial or upon the statute of limitations is a bar to any other prosecution for the offense charged.    Enacted by Chapter 7, 1990 General Session
UT Code § 77-2-2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 2 - Definitions.

 Effective 7/1/2021  77-2-2. Definitions.  As used in this chapter:  (1) "Commencement of prosecution" means the filing of an information or an indictment.     (2) "Diversion" means suspending criminal proceedings before conviction on the condition that a defendant agree to:   (a) participate in a rehabilitation program;     (b) pay restitution to a victim; or     (c) fulfill some other condition.       (3) "Restitution" means the same as that term is defined in Section 77-38b-102.     (4) "Screening" means the process used by a prosecuting attorney to:   (a) terminate an investigative action;     (b) proceed with prosecution;     (c) move to dismiss a prosecution that has been commenced; or     (d) cause a prosecution to be diverted.      Amended by Chapter 260, 2021 General Session
UT Code § 77-2-2.1 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 2.1 - Authorization to file information.

 Effective 7/1/2021  77-2-2.1. Authorization to file information.  Except as otherwise provided by law, no information may be filed charging the commission of any felony or class A misdemeanor unless authorized by a prosecuting attorney. Renumbered and Amended by Chapter 260, 2021 General Session
UT Code § 77-2-2.2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 2.2 - Signing and filing of information.

 Effective 7/1/2021  77-2-2.2. Signing and filing of information.    (1) The prosecuting attorney shall sign all informations.     (2) The prosecuting attorney may:   (a) sign the information in the presence of a magistrate; or     (b) present and file the information in the office of the clerk where the prosecution is commenced upon the signature of the prosecuting attorney.      Renumbered and Amended by Chapter 260, 2021 General Session
UT Code § 77-2-2.3 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 2.3 - Reducing the level of an offense.

 Effective 7/1/2021  77-2-2.3. Reducing the level of an offense.    (1) Notwithstanding any other provision of law, a prosecuting attorney may:   (a) present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute if the prosecuting attorney believes that the sentence would be disproportionate to the offense because there are special circumstances relating to the offense; or     (b) subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute.       (2) A court may:   (a) enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in statute; and     (b) impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in statute.       (3) A conviction of an offense at one degree lower than classified in statute under Subsection (2) does not affect the requirements for registration of the offense under Title 77, Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of an offense described in Section 77-41-102 or 77-43-102.     (4) This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40, Utah Expungement Act.    Renumbered and Amended by Chapter 260, 2021 General Session
UT Code § 77-2-3 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 3 - Termination of investigative action.

77-2-3. Termination of investigative action.  Prior to the commencement of prosecution, the prosecutor may, without approval of a magistrate, authorize a termination of investigative action when it appears that further investigative action is not in the public interest.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-2-4 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 4 - Dismissal of prosecution.

77-2-4. Dismissal of prosecution.  After commencement of a prosecution the prosecutor may, upon reasonable grounds, move the magistrate before whom the prosecution is pending to dismiss the prosecution. If, in the judgment of the magistrate, the prosecution should not continue, he may dismiss the prosecution and enter an order of dismissal stating the reasons for the dismissal in the order.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-2-4.2 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 4.2 - Compromise of traffic charges -- Limitations.

77-2-4.2. Compromise of traffic charges -- Limitations.    (1) As used in this section:   (a) "Compromise" means referral of a person charged with a traffic violation to traffic school or other school, class, or remedial or rehabilitative program.     (b) "Traffic violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of:   (i)Title 41, Chapter 6a, Traffic Code, amounting to:   (A) a class B misdemeanor;     (B) a class C misdemeanor; or     (C) an infraction; or       (ii) any local traffic ordinance.         (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:   (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or     (b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.       (3) In all cases which are compromised pursuant to the provisions of Subsection (2):   (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:   (i) be subject to the same surcharge as if imposed on a criminal fine;     (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation; and     (iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or       (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic school or other school, class, or rehabilitative program shall be collected, which surcharge shall:   (i) be computed, assessed, collected, and remitted in the same manner as if the traffic school fee and surcharge had been imposed as a criminal fine and surcharge; and     (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.         (4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:   (a) the Uniform Bail Schedule amount;     (b) the amount of any surcharges being assessed; and     (c) the amount of the plea in abeyance fee.      Amended by Chapter 3, 2008 General SessionAmended by Chapter 339, 2008 General SessionAmended by Chapter 382, 2008 General Session
UT Code § 77-2-4.3 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 4.3 - Compromise of boating violations -- Limitations.

 Effective 7/1/2021  77-2-4.3. Compromise of boating violations -- Limitations.    (1) As used in this section:   (a) "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Recreation.     (b) "Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating Act, amounting to:   (i) a class B misdemeanor;     (ii) a class C misdemeanor; or     (iii) an infraction.         (2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:   (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or     (b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.       (3) In all cases which are compromised pursuant to the provisions of Subsection (2):   (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:   (i) be subject to the same surcharge as if imposed on a criminal fine;     (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation; and     (iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or       (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall:   (i) be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and     (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.         (4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:   (a) the Uniform Bail Schedule amount;     (b) the amount of any surcharges being assessed; and     (c) the amount of the plea in abeyance fee.      Amended by Chapter 280, 2021 General Session
UT Code § 77-2-4.5 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 4.5 - Dismissal by compromise -- Limitations.

77-2-4.5. Dismissal by compromise -- Limitations.    (1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it is compromised by the defendant and the injured party, except under Subsection (2). The injured party shall first acknowledge the compromise before the court or in writing. The reasons for the order shall be set forth and entered in the minutes. The order is a bar to another prosecution for the same offense.     (2) A dismissal by compromise may not be granted when the misdemeanor is committed by or upon a peace officer while in the performance of his duties, or riotously, or with intent to commit a felony.    Enacted by Chapter 7, 1990 General Session
UT Code § 77-2-6 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 6 - Dismissal after compliance with diversion agreement.

77-2-6. Dismissal after compliance with diversion agreement.  The court shall dismiss the information or indictment filed against the defendant who has complied with the requirements of his diversion agreement and the defendant shall not thereafter be subject to further prosecution for the offense involved or for any lesser included offense.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-2-7 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 7 - Diversion not a conviction.

77-2-7. Diversion not a conviction.  Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-2-8 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 8 - Violation of diversion agreement -- Hearing -- Prosecution resumed.

77-2-8. Violation of diversion agreement -- Hearing -- Prosecution resumed.  If, during the course of the diversion of a defendant, information is brought to the attention of a magistrate or the prosecuting attorney that the defendant has violated his diversion agreement and it appears in the best interests of the community to reinstate and proceed with the prosecution, the prosecuting attorney, upon court approval, or the magistrate, on his own motion, shall cause to be served upon the defendant an order to show cause specifying the facts relied upon by the prosecuting attorney or magistrate to terminate diversion and shall set a time and place for a hearing to determine whether or not the defendant has violated his diversion agreement. If, at the hearing, the magistrate finds the defendant has failed to comply with any terms or conditions of the diversion agreement, he may authorize the prosecuting attorney to proceed with prosecution. The prosecution of a diverted offense shall not bar any independent prosecution arising from any offense that constituted a violation of any term or condition of the diversion agreement by which the original prosecution was diverted.  Enacted by Chapter 15, 1980 General Session
UT Code § 77-2-9 (2021)
2021 Utah Code|Title 77 - Utah Code of Criminal Procedure|Chapter 2 - Prosecution, Screening, and Diversion|Section 9 - Offenses ineligible for diversion.

 Effective 9/1/2021  77-2-9. Offenses ineligible for diversion.    (1) A magistrate may not grant a diversion for:   (a) a capital felony;     (b) a felony in the first degree;     (c) any case involving a sexual offense against a victim who is under 14 years old;     (d) any motor vehicle related offense involving alcohol or drugs;     (e) any case involving using a motor vehicle in the commission of a felony;     (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;     (g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:   (i) manslaughter under Section 76-5-205; or     (ii) negligent homicide under Section 76-5-206; or       (h) a crime of domestic violence as defined in Section 77-36-1.       (2) When an individual is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, while under 16 years old, the court may enter a diversion in the matter if the court enters on the record the court's findings that:   (a) the offenses could have been adjudicated in juvenile court but for the delayed reporting or delayed filing of the information in the district court, unless the offenses are before the court in accordance with Section 80-6-502 or 80-6-504;     (b) the individual did not use coercion or force;     (c) there is no more than three years' difference between the ages of the participants; and     (d) it would be in the best interest of the person to grant diversion.      Amended by Chapter 262, 2021 General Session