reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 3 - Security to Keep the Peace › Section 10 - Assault in presence of magistrate or court.

77-3-10.
Assault in presence of magistrate or court.
A person who, in the presence of the court or magistrate, assaults or threatens to assault another or to commit an offense against person or property, or who contends with another with threatening words, may be ordered by the court or magistrate to give security and if he refuses to do so, may be committed as provided in Subsection 77-3-8(2)(b).
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 3 - Security to Keep the Peace › Section 11 - Undertaking, when broken -- Prosecution.

77-3-11.
Undertaking, when broken -- Prosecution.
(1) The undertaking is broken if the person posting the bond violates the conditions set by the court.
(2) If the undertaking is broken and the county attorney produces evidence of the violation to the district court where the undertaking was filed, the court shall order an action on the undertaking to be commenced, and the county attorney shall commence an action in the name of the state against the principal sureties on the undertaking.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 3 - Security to Keep the Peace › Section 12 - Record of conviction conclusive evidence -- Judgment on undertaking.

77-3-12.
Record of conviction conclusive evidence -- Judgment on undertaking.
In an action filed by the county attorney to recover on an undertaking:
(1) The offense shall be alleged as a breach of the undertaking stated in a record of conviction and a record of conviction is conclusive evidence thereof.
(2) If the court finds the offense constitutes a breach of the undertaking, judgment for the amount of the undertaking shall be entered against the parties liable.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 4 - Pleadings and Proceedings Before Trial › Part 1 - Suppression of Resistance to Service of Process › Section 101 - Force by officer -- Arrest.

Effective 5/3/2023
77-4-101.
Force by officer -- Arrest.
A public officer authorized to execute process issued by any court may use such force as is reasonable and necessary to execute service of process. If necessary, he may seize, arrest, and confine persons resisting or aiding and abetting resistance to his service of process.
Renumbered and Amended by Chapter 231, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 4 - Pleadings and Proceedings Before Trial › Part 2 - Evidence › Section 201 - Reproduction of child sexual abuse material -- Prohibition.

Effective 5/3/2023
77-4-201.
Reproduction of child sexual abuse material -- Prohibition.
(1) As used in this section:
(a) "Child sexual abuse material" means the same as that term is defined in Section 76-5b-103.
(b) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
(c) "Victim" means the same as that term is defined in Section 77-37-2.
(2) In a proceeding involving child sexual abuse material, the child sexual abuse material shall remain in the care, custody, and control of:
(a) a law enforcement agency; or
(b) a court.
(3)
(a) In a proceeding involving child sexual abuse material, a court shall deny a request by a defendant to copy, photograph, duplicate, or otherwise reproduce the child sexual abuse material if the court or a law enforcement agency provides the defendant's attorney or an individual the defendant may seek to qualify as an expert an adequate opportunity to view and examine the child sexual abuse material.
(b) An individual described in Subsection (3)(a) may view or examine the child sexual abuse material only at the law enforcement agency or court that has custody and control of the child sexual abuse material.
(c) A defendant who is self represented:
(i) may not inspect the child sexual abuse material; and
(ii) may request that the court appoint counsel for the purpose of inspecting the child sexual abuse material on behalf of the defendant.
(4)
(a) In a proceeding involving child sexual abuse material, a victim, the victim's attorney, or an individual the victim may, upon a showing of good cause, seek to qualify as an expert, may view and examine the child sexual abuse material that depicts the victim upon a showing of good cause.
(b) An individual described in Subsection (4)(a) may not copy, photograph, duplicate, or otherwise reproduce the child sexual abuse material.
(c) An individual described in Subsection (4)(a) may view or examine the child sexual abuse material only at the law enforcement agency or court that has custody and control of the child sexual abuse material.
(d) The court or law enforcement agency may redact the child sexual abuse material described in this Subsection (4) to protect the privacy of a third party.
Enacted by Chapter 231, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 1 - Officers liable to impeachment.

Effective 5/12/2015
77-5-1.
Officers liable to impeachment.
The governor and other state and judicial officers shall be liable to impeachment for high crimes and misdemeanors or malfeasance in office.
Amended by Chapter 471, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 2 - Chief justice to preside, when.

77-5-2.
Chief justice to preside, when.
When the governor is on trial, the chief justice of the Supreme Court shall preside, and, in case he is disqualified or unable to act, the Senate shall select some other justice of the Supreme Court to preside.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 3 - Two-thirds vote of House required.

77-5-3.
Two-thirds vote of House required.
The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected shall vote therefor. Impeachments shall be by resolution. The resolution shall originate in and be adopted by the House of Representatives.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 5 - Hearing, notice of -- Defendant served with articles.

77-5-5.
Hearing, notice of -- Defendant served with articles.
The Senate shall assign a day for the hearing of the impeachment and inform the House of Representatives. The president of the Senate shall cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the officer being impeached not less than 10 days before the day fixed for the hearing.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 6 - Suspension on filing articles -- Vacancy, how filled.

Effective 5/12/2020
77-5-6.
Suspension on filing articles -- Vacancy, how filled.
When articles of impeachment are presented to the Senate, and the officer has been served with a copy of the articles, the officer shall be temporarily suspended from office and may not exercise the duties of the office until the officer is acquitted. Upon the suspension of any officer, other than the governor, or a justice or judge of a court of record, the office shall be temporarily filled by an appointment made by the governor, with the advice and consent of the Senate, until the acquittal of the party impeached, or, in the case of the officer's removal, until the vacancy is filled at the next election as provided by law.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 7 - Senators to be sworn -- Two-thirds required for proceedings.

77-5-7.
Senators to be sworn -- Two-thirds required for proceedings.
At the time and place appointed, and before the Senate proceeds to act on the impeachment, the secretary shall administer to the president of the Senate, and the president of the Senate shall administer to each of the members of the Senate then present, an oath or affirmation to do justice according to law and the evidence and no member of the Senate shall act or vote on the impeachment, or any question arising on it without taking the oath or affirmation and being present during the proceedings. No proceedings shall be conducted unless at least two-thirds of the senators elected and entitled to vote are present.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 8 - Two-thirds vote necessary for conviction.

77-5-8.
Two-thirds vote necessary for conviction.
The officer shall not be convicted on impeachment without the concurrence of two-thirds of the senators elected, voting by ayes and nays, and if two-thirds of the senators elected do not concur in a conviction, he shall be acquitted.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 5 - Impeachments › Section 11 - Impeachment not a bar to prosecution.

77-5-11.
Impeachment not a bar to prosecution.
The officer, whether convicted or acquitted, shall nevertheless be liable to prosecution, trial, and punishment according to law for any offense committed that constituted a basis for the impeachment proceedings.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 1 - Officers subject to removal.

Effective 5/12/2015
77-6-1.
Officers subject to removal.
All officers of any city, county, or other political subdivision of this state not liable to impeachment shall be subject to removal as provided in this chapter for high crimes and misdemeanors or malfeasance in office.
Amended by Chapter 471, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 2 - Commencement of action for removal.

77-6-2.
Commencement of action for removal.
An action for the removal of a justice court judge or officer of a city, county, or other political subdivision of this state shall be commenced by presenting a sworn, written accusation to the district court. The accusation may be initiated by any taxpayer, grand jury, county attorney, or district attorney for the county in which the officer was elected or appointed, or by the attorney general.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 4 - Presentation of accusation -- Service on defendant.

77-6-4.
Presentation of accusation -- Service on defendant.
(1) When the accusation is initiated by:
(a) a grand jury, the foreperson shall present the accusation to the court in the presence of the grand jurors which shall be filed with the clerk; or
(b) a taxpayer, the county attorney, district attorney, or the attorney general, any of these persons shall present the accusation to the presiding judge of the district court for filing with the clerk.
(2)
(a) Except when the accusation is initiated by the county attorney or district attorney, the court shall furnish a copy of the accusation to the county attorney or, if within a prosecution district, the district attorney who shall investigate and may prosecute the accusation.
(b) If the accusation is against the county or district attorney, the court shall furnish a copy of the accusation to the Office of the Attorney General, who shall investigate and may prosecute the accusation.
(c) If prosecution is pursued, the county attorney, district attorney, or attorney general shall serve a copy of the accusation on the defendant with a summons which requires the defendant to appear before the district court of the county in which the county attorney or district attorney serves and to answer the accusation.
(3) The time fixed for appearance may not be less than 10 days from the date of service of summons. The service of the accusation, summons, and the return of service shall be made in the manner provided by law for service of civil process.
Amended by Chapter 67, 1996 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 5 - Appearance -- Procedure on default.

77-6-5.
Appearance -- Procedure on default.
The defendant shall appear at the time appointed and answer the accusation, unless for some sufficient cause the court assigns another time for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 6 - Answer -- Objections for insufficiency.

77-6-6.
Answer -- Objections for insufficiency.
The defendant may orally answer the accusation either by admitting or denying it in open court, or he may, in writing, object to the legal sufficiency of the accusation. If the objection to the sufficiency of the accusation is sustained, the accusation shall be dismissed. If the objection is overruled, the defendant shall immediately admit or deny the accusation.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 7 - Trial on denial or refusal to answer -- Procedure.

77-6-7.
Trial on denial or refusal to answer -- Procedure.
If the defendant denies the accusation or refuses to answer or appear, the court shall proceed to try the accusation. The rights of the parties and procedures used shall be the same as in any civil proceeding.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 8 - Judgment of removal -- Service on defendant.

77-6-8.
Judgment of removal -- Service on defendant.
If the defendant admits the accusation or is convicted, the court shall enter judgment against him directing the defendant be removed from office and setting forth the causes of removal. The judgment of removal shall immediately be served upon the defendant.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 6 - Removal by Judicial Proceedings › Section 9 - Appeal -- Suspension from office.

77-6-9.
Appeal -- Suspension from office.
From a judgment of removal an appeal may be taken to the Supreme Court in the same manner as from a judgment in a civil action; but from entry of judgment and until the judgment is reversed, the defendant shall be suspended from his office. Pending the appeal, the office shall be filled as in the case of a vacancy.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 1 - "Arrest" defined -- Restraint allowed.

77-7-1.
"Arrest" defined -- Restraint allowed.
An arrest is an actual restraint of the person arrested or submission to custody. The person shall not be subjected to any more restraint than is necessary for his arrest and detention.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 2 - Arrest by peace officers.

77-7-2.
Arrest by peace officers.
A peace officer may make an arrest under authority of a warrant or may, without warrant, arrest a person:
(1)
(a) for any public offense committed or attempted in the presence of any peace officer; and
(b) as used in this Subsection (1), "presence" includes all of the physical senses or any device that enhances the acuity, sensitivity, or range of any physical sense, or records the observations of any of the physical senses;
(2) when the peace officer has reasonable cause to believe a felony or a class A misdemeanor has been committed and has reasonable cause to believe that the person arrested has committed it;
(3) when the peace officer has reasonable cause to believe the person has committed a public offense, and there is reasonable cause for believing the person may:
(a) flee or conceal himself to avoid arrest;
(b) destroy or conceal evidence of the commission of the offense; or
(c) injure another person or damage property belonging to another person;
(4) when the peace officer has reasonable cause to believe the person has committed the offense of failure to disclose identity under Section 76-8-301.5; or
(5) when the peace officer has reasonable cause to believe that the person is an alien:
(a) subject to a civil removal order issued by an immigration judge;
(b) regarding whom a civil detainer warrant has been issued by the federal Department of Homeland Security; or
(c) who has been charged or convicted in another state with one or more aggravated felonies as defined by 8 U.S.C. Sec. 1101(a)(43).
Amended by Chapter 18, 2011 General Session
Amended by Chapter 21, 2011 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 3 - By private persons.

77-7-3.
By private persons.
A private person may arrest another:
(1) For a public offense committed or attempted in his presence; or
(2) When a felony has been committed and he has reasonable cause to believe the person arrested has committed it.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 4 - Magistrate may orally order arrest.

77-7-4.
Magistrate may orally order arrest.
A magistrate may orally require a peace officer to arrest anyone committing or attempting to commit a public offense in the presence of the magistrate, and, in the case of an emergency, when probable cause exists, a magistrate may orally authorize a peace officer to arrest a person for a public offense, and thereafter, as soon as practical, an information shall be filed against the person arrested.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 5 - Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners -- Court clerk to dispense costs for transportation.

Effective 5/3/2023
77-7-5.
Issuance of summons or warrant -- Time and place arrests may be made -- Contents of warrant or summons -- Responsibility for transporting prisoners.
(1) As used in this section:
(a) "Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b) "Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2) A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of the accused only upon finding:
(a) probable cause to believe that the person to be arrested has committed a public offense; and
(b) under the Utah Rules of Criminal Procedure, and this section that a warrant is necessary to:
(i) prevent risk of injury to a person or property;
(ii) secure the appearance of the accused; or
(iii) protect the public safety and welfare of the community or an individual.
(3) If the offense charged is:
(a) a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b) a misdemeanor, the arrest upon a warrant may be made during nighttime hours only if:
(i) the magistrate has endorsed authorization to do so on the warrant;
(ii) the person to be arrested is upon a public highway, in a public place, or in a place open to or accessible to the public; or
(iii) the person to be arrested is encountered by a peace officer in the regular course of that peace officer's investigation of a criminal offense unrelated to the misdemeanor warrant for arrest.
(4)
(a) If the magistrate determines that the accused must appear in court, the magistrate shall include in the arrest warrant the name of the law enforcement agency in the county or municipality with jurisdiction over the offense charged.
(b)
(i) The law enforcement agency identified by the magistrate under Subsection (4)(a) is responsible for providing inter-county transportation of the defendant, if necessary, from the arresting law enforcement agency to the court site.
(ii) The law enforcement agency named on the warrant may contract with another law enforcement agency to have a defendant transported.
(5) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and legal holidays if a warrant issued in accordance with this section is an extradition warrant.
(6) The law enforcement agency identified by the magistrate under Subsection (4)(a) shall report any changes to the status of a warrant issued in accordance with this section to the Bureau of Criminal Identification.
Amended by Chapter 497, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 6 - Manner of making arrest.

Effective 5/9/2017
77-7-6.
Manner of making arrest.
(1) The person making the arrest shall inform the person being arrested of his intention, cause, and authority to arrest him. Such notice shall not be required when:
(a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
(b) the person being arrested is actually engaged in the commission of, or an attempt to commit, an offense; or
(c) the person being arrested is pursued immediately after the commission of an offense or an escape.
(2)
(a) If a deaf or hard of hearing person, as defined in Subsection 78B-1-201(2), is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall assess the communicative abilities of the deaf or hard of hearing person and conduct this notification, and any further notifications of rights, warnings, interrogations, or taking of statements, in a manner that accurately and effectively communicates with the deaf or hard of hearing person, including qualified interpreters, lip reading, pen and paper, typewriters, computers with print-out capability, and telecommunications devices for the deaf.
(b) Compliance with this Subsection (2) is a factor to be considered by any court when evaluating whether statements of a deaf or hard of hearing person were made knowingly, voluntarily, and intelligently.
Amended by Chapter 43, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 7 - Force in making arrest.

77-7-7.
Force in making arrest.
If a person is being arrested and flees or forcibly resists after being informed of the intention to make the arrest, the person arresting may use reasonable force to effect the arrest. Deadly force may be used only as provided in Section 76-2-404.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 8.1 - Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.

Effective 5/4/2022
77-7-8.1.
Forcible entry to conduct a search -- Conditions requiring a warrant -- No-knock warrants.
(1) As used in this section:
(a) "Daytime hours" means the same as that term is defined in Section 77-7-5.
(b) "Forcible entry" means the same as that term is defined in Section 77-7-8.
(c) "Nighttime hours" means the same as that term is defined in Section 77-7-5.
(d) "No-knock warrant" means a lawful search warrant that authorizes entry into a building without notice to any occupant in the property or building at the time of service.
(e) "Supervisory official" means the same as that term is defined in Section 77-7-8.
(2) Subject to the provisions of this section, an officer serving a lawful no-knock warrant may make a forcible entry onto the property or building to be searched without notice.
(3) Before seeking a no-knock warrant from a judge or magistrate under Subsection (2), a supervisory official shall, using the officer's affidavit:
(a) independently perform an assessment to evaluate the totality of the circumstances;
(b) ensure reasonable intelligence gathering efforts have been made;
(c) ensure a threat assessment was completed on the person or building to be searched; and
(d) determine either that there is a sufficient basis to support seeking a warrant or require that the officer continue evidence gathering efforts.
(4)
(a) The affidavit for a no-knock warrant shall describe:
(i) why the officer believes the suspect is unable to be detained or the residence searched using less invasive or less confrontational methods;
(ii) investigative activities that have been undertaken to ensure that the correct building is identified and that potential harm to innocent third parties, the building, and officers may be minimized; or
(iii) the present or imminent threat of serious bodily injury or death to a person inside, outside, or in near proximity to the building.
(b) A no-knock warrant shall be served during daytime hours unless the affidavit states sufficient grounds to believe a search is necessary during nighttime hours.
(5) Upon serving a no-knock warrant, an officer shall wear readily identifiable markings, including a badge and vest or clothing with a distinguishing label or other writing which shows that the person is a law enforcement officer.
(6) Notwithstanding any other provision of this chapter, an officer may not request a no-knock warrant if the warrant is solely for a misdemeanor investigation.
Enacted by Chapter 131, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 9 - Weapons may be taken from prisoner.

77-7-9.
Weapons may be taken from prisoner.
Any person making an arrest may seize from the person arrested all weapons which he may have on or about his person.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 10 - Telegraph or telephone authorization of execution of arrest warrant.

77-7-10.
Telegraph or telephone authorization of execution of arrest warrant.
Any magistrate may, by an endorsement on a warrant of arrest, authorize by telegraph, telephone or other reasonable means, its execution. A copy of the warrant or notice of its issuance and terms may be sent to one or more peace officers. The copy or notice communicated authorizes the officer to proceed in the same manner under it as if he had an original warrant.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 11 - Possession of warrant by arresting officer not required.

77-7-11.
Possession of warrant by arresting officer not required.
Any peace officer who has knowledge of an outstanding warrant of arrest may arrest a person he reasonably believes to be the person described in the warrant, without the peace officer having physical possession of the warrant.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 12 - Detaining persons suspected of shoplifting or library theft -- Persons authorized.

77-7-12.
Detaining persons suspected of shoplifting or library theft -- Persons authorized.
(1) A peace officer, merchant, or merchant's employee, servant, or agent who has reasonable grounds to believe that goods held or displayed for sale by the merchant have been taken by a person with intent to steal may, for the purpose of investigating the unlawful act and attempting to effect a recovery of the goods, detain the person in a reasonable manner for a reasonable length of time.
(2) A peace officer or employee of a library may detain a person for the purposes and under the limits of Subsection (1) if there are reasonable grounds to believe the person violated Title 76, Chapter 6, Part 8, Library Theft.
Amended by Chapter 245, 1987 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 13 - Arrest without warrant by peace officer -- Reasonable grounds, what constitutes -- Exemption from civil or criminal liability.

77-7-13.
Arrest without warrant by peace officer -- Reasonable grounds, what constitutes -- Exemption from civil or criminal liability.
(1) A peace officer may arrest, without warrant, any person the officer has reasonable ground to believe has committed a theft under Title 76, Chapter 6, Part 8, Library Theft, or of goods held or displayed for sale.
(2) A charge of theft made to a peace officer under Title 76, Chapter 6, Part 8, Library Theft, by an employee of a library, or by a merchant, merchant's employee, servant, or agent constitutes a reasonable ground for arrest, and the peace officer is relieved from any civil or criminal liability.
Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 14 - Person causing detention or arrest of person suspected of shoplifting or library theft -- Civil and criminal immunity.

77-7-14.
Person causing detention or arrest of person suspected of shoplifting or library theft -- Civil and criminal immunity.
(1) A peace officer, merchant, or merchant's employee, servant, or agent who causes the detention of a person as provided in Section 77-7-12, or who causes the arrest of a person for theft of goods held or displayed for sale, is not criminally or civilly liable where he has reasonable and probable cause to believe the person detained or arrested committed a theft of goods held or displayed for sale.
(2) A peace officer or employee of a library who causes a detention or arrest of a person under Title 76, Chapter 6, Part 8, Library Theft, is not criminally or civilly liable where he has reasonable and probable cause to believe that the person committed a theft of library materials.
Amended by Chapter 245, 1987 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 15 - Authority of peace officer to stop and question suspect -- Grounds.

Effective 5/14/2019
77-7-15.
Authority of peace officer to stop and question suspect -- Grounds.
A peace officer may stop any individual in a public place when the officer has a reasonable suspicion to believe the individual has committed or is in the act of committing or is attempting to commit a public offense and may demand the individual's name, address, date of birth, and an explanation of the individual's actions.
Amended by Chapter 411, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 16 - Authority of peace officer to frisk suspect for dangerous weapon -- Grounds.

77-7-16.
Authority of peace officer to frisk suspect for dangerous weapon -- Grounds.
A peace officer who has stopped a person temporarily for questioning may frisk the person for a dangerous weapon if he reasonably believes he or any other person is in danger.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 17 - Authority of peace officer to take possession of weapons.

77-7-17.
Authority of peace officer to take possession of weapons.
A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it until the completion of the questioning, at which time he shall either return it if lawfully possessed, or arrest such person.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 17.5 - Physical body cavity search policy -- Requirements.

Effective 5/14/2019
77-7-17.5.
Physical body cavity search policy -- Requirements.
(1) As used in this section:
(a) "Arrestee" means an individual who is in the custody of law enforcement for an offense for which the individual has not been convicted.
(b)
(i) "Body cavity" includes the anus, rectum, vagina, esophagus, or stomach.
(ii) "Body cavity" does not include the mouth, ear canal, or nasal passages.
(c)
(i) "Physical body cavity search" means a search of a body cavity of an individual that involves touching the individual with:
(A) any part of another individual's body; or
(B) an instrument or other item.
(ii) "Physical body cavity search" does not include a clothed, pat down search.
(2) Each county jail shall adopt and implement a policy that meets the minimum standards contained in a model policy established by the Commission on Criminal and Juvenile Justice.
(3) The model policy shall specify the minimum standards and procedures to be followed by the county jail when a body cavity search is performed on an arrestee within the county jail's jurisdiction, including:
(a) stating with specificity the circumstances under which a body cavity search may be performed on an arrestee;
(b) designating who may authorize the performance of a body cavity search;
(c) designating specific jail staff or medical personnel who may perform a body cavity search;
(d) requiring any nonmedically trained jail staff who may perform a body cavity search to be trained on safe practices for conducting a body cavity search;
(e) requiring documentation of each body cavity search performed at the correctional facility, including:
(i) the identity of the arrestee searched;
(ii) the date, time, and location of the search;
(iii) the identity of the individual performing the search;
(iv) the identity of the individual authorizing the search;
(v) a description of the body areas searched and the procedures followed in performing the search; and
(vi) the circumstances necessitating the body cavity search; and
(f) designating rules and procedures to be followed, by authorized staff, when performing a body cavity search that account for the health and privacy interests of the arrestee, including:
(i) the location where a body cavity search must be performed;
(ii) the gender requirements of the individuals who perform or observe the search in relation to the gender of the arrestee being searched; and
(iii) methods to ensure the body cavity search is conducted with the minimal amount of touching necessary to effectuate the purposes of the search.
(4) A county jail's body cavity search policy is a public record.
Enacted by Chapter 462, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 18 - Citation on misdemeanor or infraction charge.

Effective 5/1/2018
77-7-18.
Citation on misdemeanor or infraction charge.
(1) Any person subject to arrest or prosecution on a misdemeanor or infraction charge may be issued and delivered a citation that requires the person to appear at the court of the magistrate with territorial jurisdiction.
(2) The following may issue the citation described in Subsection (1):
(a) a peace officer, in lieu of or in addition to taking the person into custody;
(b) any public official of any county or municipality charged with the enforcement of the law;
(c) a port-of-entry agent as defined in Section 72-1-102;
(d) an animal control officer of a county, municipality, or special service district under Title 17D, Chapter 1, Special Service District Act, who is authorized to provide animal control service; and
(e) a volunteer authorized to issue a citation under Section 41-6a-217.
Amended by Chapter 379, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 19 - Appearance required by citation -- Arrest for failure to appear -- Transfer of cases -- Disposition of fines and costs.

Effective 10/1/2020
77-7-19.
Appearance required by citation -- Arrest for failure to appear -- Transfer of cases -- Disposition of fines and costs.
(1) An individual receiving a citation issued pursuant to Section 77-7-18 shall appear in the court designated in the citation on or before the time and date specified in the citation unless:
(a) the citation states that the court will, within five to 14 days, notify the individual of when to appear; or
(b) the individual is permitted to remit the fine and other penalties without a personal appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by court order under Section 77-7-21.
(2) A citation may not require an individual to appear or contact the court sooner than five days or later than 14 days following its issuance.
(3) If the individual cited does not appear before the court as directed by the citation or the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant for the individual's arrest.
(4)
(a) Clerks and other administrative personnel serving the courts shall identify for the judge any citations over which the court may lack jurisdiction.
(b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
(i) transfer the case to a court with jurisdiction;
(ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges contained in the citation; and
(iii) notify the prosecutor of the transfer or dismissal.
(c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
(i) transferred to the court receiving the case; or
(ii) if the case is dismissed, returned to the defendant.
Amended by Chapter 185, 2020 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 20 - Service of citation on defendant -- Filing in court -- Electronic filing -- Contents of citations.

Effective 5/3/2023
77-7-20.
Service of citation on defendant -- Filing in court -- Electronic filing -- Contents of citations.
(1) Except as provided in Subsection (4), a peace officer or other authorized official who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited and shall, within five business days, electronically file the data from Subsections (2)(a) through (2)(h) with the court specified in the citation. The data transmission shall use the court's electronic filing interface. A nonconforming filing is not effective.
(2) The citation issued under authority of this chapter shall contain the following data:
(a) the name, address, and phone number of the court before which the individual is to appear;
(b) the name and date of birth of the individual cited;
(c) a brief description of the offense charged;
(d) the date, time, and place at which the offense is alleged to have occurred;
(e) the date on which the citation was issued;
(f) the name of the peace officer or official who issued the citation, and the name of the arresting individual if a private party made the arrest and the citation was issued in lieu of taking the arrested individual before a magistrate;
(g) the time and date on or date range during which the individual is to appear or a statement that the court will notify the individual of the time to appear;
(h) whether the offense is a domestic violence offense;
(i) language informing the individual that the individual may be eligible for deferred prosecution under Section 77-2-4.2, including a link to a website with information regarding deferred prosecution; and
(j) a notice containing substantially the following language:
READ CAREFULLY
This citation is not an information and will not be used as an information without your consent. If an information is filed you will be provided a copy by the court. You MUST appear in court on or before the time set in this citation or as directed by the court. IF YOU FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
(3) By electronically filing the data with the court, the peace officer or official affirms to the court that:
(a) the citation or information, including the summons and complaint, was served upon the defendant in accordance with the law;
(b) the defendant committed the offense described in the served documents; and
(c) the court to which the defendant was directed to appear has jurisdiction over the offense charged.
(4)
(a) If a citing law enforcement officer is not reasonably able to access the efiling system, the citation need not be filed electronically if being filed with a justice court.
(b) The court may accept an electronic filing received after five business days if:
(i) the defendant consents to the filing; and
(ii) the court finds the interests of justice would be best served by accepting the filing.
Amended by Chapter 393, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 21 - Proceeding on citation -- Voluntarily remitting a fine -- Parent signature required -- Information, when required.

Effective 7/1/2021
77-7-21.
Proceeding on citation -- Voluntarily remitting a fine -- Parent signature required -- Information, when required.
(1)
(a) A citation filed with the court may, with the consent of the defendant, serve in lieu of an information to which the defendant may plead guilty or no contest to the charge or charges listed and be sentenced accordingly.
(b) If provided by the uniform fine schedule described in Section 76-3-301.5, or with the court's approval, an individual may remit the fine and other penalties without a personal appearance before the court in any case charging a class B misdemeanor or lower offense, unless the charge is:
(i) a domestic violence offense as defined in Section 77-36-1;
(ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration;
(iii) a violation of Section 41-6a-517, driving with any measurable controlled substance in the body;
(iv) a violation of a local ordinance similar to the offenses described in Subsections (1)(b)(i) through (iii); or
(v) a violation that appears to:
(A) affect a victim, as defined in Section 77-38b-102; or
(B) require restitution, as defined in Section 77-38b-102.
(c) The remittal of fines and other penalties shall be entered as a conviction and treated the same as if the accused pleaded no contest.
(d) If the person cited is under 18 years old, the court shall promptly mail a copy or notice of the citation to the address as shown on the citation, to the attention of the parent or guardian of the defendant.
(2) If the individual pleads not guilty to the offense charged, further proceedings shall be held in accordance with the Rules of Criminal Procedure and all other applicable provisions of this code.
Amended by Chapter 260, 2021 General Session
Amended by Chapter 431, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 23 - Delivery of prisoner arrested without warrant to magistrate -- Transfer to court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.

Effective 5/8/2018
77-7-23.
Delivery of prisoner arrested without warrant to magistrate -- Transfer to court with jurisdiction -- Transfer of duties -- Violation as misdemeanor.
(1)
(a) When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred, except under Subsection (2). An information stating the charge against the person shall be made before the magistrate.
(b) If the justice court judge of the precinct or municipality or the district court judge is not available, the arrested person shall be taken before the magistrate within the same county who is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may act as committing magistrate for arraigning the accused, setting bail, or issuing warrants.
(2)
(a) If the arrested person under Subsection (1) must be transported from jail to a magistrate, the person may be taken before the magistrate nearest to the jail rather than the magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.
(b) The case shall then be transferred to the court having jurisdiction.
(3) If a jail accepts custody of a person arrested under Subsection (1), the duties under this section of the peace officer or private person who makes the arrest are transferred to the jail and the jail's personnel.
(4) This section does not confer jurisdiction upon a court unless otherwise provided by law.
(5) Any officer or person violating this section is guilty of a class B misdemeanor.
Amended by Chapter 140, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 7 - Arrest, by Whom, and How Made › Section 24 - Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release from custody -- Official misconduct.

77-7-24.
Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release from custody -- Official misconduct.
(1) If a person who is arrested for a violation of Title 41, Chapter 6a, Traffic Code, that is punishable as a misdemeanor is immediately taken before a magistrate as provided under Section 77-7-23, the peace officer shall prepare, in triplicate or more copies, a written notice to appear in court containing:
(a) the name and address of the person;
(b) the number, if any, of the person's driver license;
(c) the license plate number of the person's vehicle;
(d) the offense charged; and
(e) the time and place the person shall appear in court.
(2) The time specified in the notice to appear must be at least five days after the arrest of the person unless the person demands an earlier hearing.
(3) The place specified in the notice to appear shall be made before a magistrate of competent jurisdiction in the county in which the alleged violation occurred.
(4)
(a) In order to secure release as provided in this section, the arrested person shall promise to appear in court by signing at least one copy of the written notice prepared by the arresting officer.
(b) The arresting peace officer shall immediately:
(i) deliver a copy of the notice to the person promising to appear; and
(ii) release the person arrested from custody.
(5) A peace officer violating any of the provisions of this section shall be:
(a) guilty of misconduct in office; and
(b) subject to removal from office.
Renumbered and Amended by Chapter 2, 2005 General Session