reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 102 - Definitions.

Effective 5/14/2019
75-12-102.
Definitions.
As used in this chapter:
(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts.
(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.
(3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity.
(5)
(a) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee.
(b) "Power of direction" includes a power over the investment, management, or distribution of trust property or other matters of trust administration.
(c) "Power of direction" does not include the powers described in Subsection 75-12-105(2).
(6) "Settlor" means the same as that term is defined in Section 75-7-103.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(8) "Terms of a trust" means:
(a) subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as:
(i) expressed in the trust instrument; or
(ii) established by other evidence that would be admissible in a judicial proceeding; or
(b) the trust's provisions as established, determined, or amended by:
(i) a trustee or trust director in accordance with applicable law;
(ii) a court order; or
(iii) a nonjudicial settlement agreement under Section 75-7-110.
(9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:
(a) the terms of the trust refer to the person as a trust director; or
(b) the person is a beneficiary or settlor of the trust.
(10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 103 - Application -- Principal place of administration.

Effective 5/14/2019
75-12-103.
Application -- Principal place of administration.
(1) This chapter applies to a trust, whenever created, that has the trust's principal place of administration in this state, subject to the following rules:
(a) if the trust was created before May 14, 2019, this chapter applies only to a decision or action occurring on or after May 14, 2019; and
(b) if the principal place of administration of the trust is changed to this state on or after May 14, 2019, this chapter applies only to a decision or action occurring on or after the date of the change.
(2) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, the terms of the trust that designate the principal place of administration of the trust are valid and controlling if:
(a) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction;
(b) a trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction; or
(c) all or part of the administration occurs in the designated jurisdiction.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 104 - Common law and principles of equity.

Effective 5/14/2019
75-12-104.
Common law and principles of equity.
The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or the law of this state other than this chapter.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 105 - Exclusions.

Effective 5/14/2019
75-12-105.
Exclusions.
(1) As used in this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, trust property.
(2) This chapter does not apply to:
(a) a power of appointment;
(b) a power to appoint or remove a trustee or trust director;
(c) a power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(d) a power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(i) the beneficiary; or
(ii) another beneficiary represented by the beneficiary under Sections 75-7-301 through 75-7-305 with respect to the exercise or nonexercise of the power; or
(e) power over a trust if:
(i) the terms of the trust provide that the power is held in a nonfiduciary capacity; and
(ii) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations.
(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as trustee is a power of appointment and not a power of direction.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 106 - Powers of trust director.

Effective 5/14/2019
75-12-106.
Powers of trust director.
(1) Subject to Section 75-12-107, the terms of a trust may grant a power of direction to a trust director.
(2) Unless the terms of a trust provide otherwise:
(a) a trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under Subsection (1); and
(b) trust directors with joint powers shall act by majority decision.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 107 - Limitations on trust director.

Effective 5/14/2019
75-12-107.
Limitations on trust director.
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a) regarding:
(1) a payback provision in the terms of a trust necessary to comply with the Medicaid reimbursement requirements in Section 1917 of the Social Security Act, 42 U.S.C. Sec. 1396p(d)(4)(A), as amended, and any related regulations; and
(2) a charitable interest in the trust, including notice regarding the interest to the attorney general.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 108 - Duty and liability of trust director.

Effective 5/14/2019
75-12-108.
Duty and liability of trust director.
(1) Subject to Subsection (2), with respect to a power of direction or further power under Subsection 75-12-106(2)(a):
(a) a trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(i) if the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(ii) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
(b) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this chapter to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this chapter.
(3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liability described in this section.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 109 - Duty and liability of directed trustee.

Effective 5/14/2019
75-12-109.
Duty and liability of directed trustee.
(1) Subject to Subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a), and the trustee is not liable for the action.
(2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) the breach involved the trustee's or other director's willful misconduct;
(b) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) at the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about the directed trustee's duty under this section may petition the court for instructions.
(5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 110 - Duty to provide information to trust director or trustee.

Effective 5/14/2019
75-12-110.
Duty to provide information to trust director or trustee.
(1) Subject to Section 75-12-111, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(a) the powers or duties of the trustee; and
(b) the powers or duties of the director.
(2) Subject to Section 75-12-111, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(a) the powers or duties of the director; and
(b) the powers or duties of the trustee or other director.
(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless, by acting, the trustee engages in willful misconduct.
(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless, by acting, the trust director engages in willful misconduct.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 111 - No duty to monitor, inform, or advise.

Effective 5/14/2019
75-12-111.
No duty to monitor, inform, or advise.
(1) Unless the terms of a trust provide otherwise:
(a) a trustee does not have a duty to:
(i) monitor a trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b) by taking an action described in Subsection (1)(a), a trustee does not assume the duty excluded under Subsection (1)(a).
(2) Unless the terms of a trust provide otherwise:
(a) a trust director does not have a duty to:
(i) monitor a trustee or another trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b) by taking an action described in Subsection (1)(a), a trust director does not assume the duty excluded under Subsection (1)(a).
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 112 - Application to cotrustee.

Effective 5/14/2019
75-12-112.
Application to cotrustee.
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that, in a directed trust, a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under Sections 75-12-109 through 75-12-111.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 113 - Limitation of action against trust director.

Effective 5/14/2019
75-12-113.
Limitation of action against trust director.
(1) An action against a trust director for a breach of trust must be commenced within the same limitation period as described in Section 75-7-1005 for an action for a breach of trust against a trustee in a like position and under similar circumstances.
(2) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have as described in Section 75-7-1005 in an action for a breach of trust against a trustee in a like position and under similar circumstances.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 114 - Defenses in action against trust director.

Effective 5/14/2019
75-12-114.
Defenses in action against trust director.
In an action against a trust director for a breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for a breach of trust against the trustee.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 115 - Jurisdiction over trust director.

Effective 5/14/2019
75-12-115.
Jurisdiction over trust director.
(1) By accepting appointment as a trust director of a trust subject to this chapter, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 116 - Office of trust director.

Effective 5/14/2019
75-12-116.
Office of trust director.
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(1) acceptance under Section 75-7-701;
(2) giving of bond to secure performance under Section 75-7-702;
(3) reasonable compensation under Section 75-7-708;
(4) resignation under Section 75-7-705;
(5) removal under Section 75-7-706; and
(6) vacancy and appointment of successor under Section 75-7-704.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 117 - Uniformity of application and construction.

Effective 5/14/2019
75-12-117.
Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 12 - Uniform Directed Trust Act › Section 118 - Electronic records and signatures.

Effective 5/14/2019
75-12-118.
Electronic records and signatures.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 153, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 101.6 - Application of definitions to title.

Effective 5/4/2022
76-1-101.6.
Application of definitions to title.
(1) For formatting purposes, sections in this title that contain a criminal offense include an express provision that states that the title definitions in Section 76-1-101.5 apply to that section.
(2) Although a provision described in Subsection (1) is not included in non-offense sections in Title 76, Utah Criminal Code, or in other titles, title definitions apply to all statutes within a title unless otherwise expressly provided.
Enacted by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 103 - Application of code -- Offense prior to effective date.

76-1-103.
Application of code -- Offense prior to effective date.
(1) The provisions of this code shall govern the construction of, the punishment for, and defenses against any offense defined in this code or, except where otherwise specifically provided or the context otherwise requires, any offense defined outside this code; provided such offense was committed after the effective date of this code.
(2) Any offense committed prior to the effective date of this code shall be governed by the law, statutory and non-statutory, existing at the time of commission thereof, except that a defense or limitation on punishment available under this code shall be available to any defendant tried or retried after the effective date. An offense under the laws of this state shall be deemed to have been committed prior to the effective date of this act if any of the elements of the offense occurred prior thereto.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 104 - Purposes and principles of construction.

76-1-104.
Purposes and principles of construction.
The provisions of this code shall be construed in accordance with these general purposes.
(1) Forbid and prevent the commission of offenses.
(2) Define adequately the conduct and mental state which constitute each offense and safeguard conduct that is without fault from condemnation as criminal.
(3) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition or differences in rehabilitation possibilities among individual offenders.
(4) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 106 - Strict construction rule not applicable.

76-1-106.
Strict construction rule not applicable.
The rule that a penal statute is to be strictly construed shall not apply to this code, any of its provisions, or any offense defined by the laws of this state. All provisions of this code and offenses defined by the laws of this state shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law and general purposes of Section 76-1-104.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 107 - Procedure -- Applicable provisions -- Military codes, enforcement of court orders, and liability for civil damages not affected.

76-1-107.
Procedure -- Applicable provisions -- Military codes, enforcement of court orders, and liability for civil damages not affected.
(1) Except as otherwise provided, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this act but by the code of criminal procedure.
(2) This code does not affect any power conferred by law upon any court-martial or other military authority or officer to impose and inflict punishment upon offenders violating military codes or laws; nor does it affect any power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(3) This act does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, impeachment, or other remedy authorized by law to be recovered or enforced in a civil action, administrative proceeding, or otherwise, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this code.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 1 - Introductory Provisions › Section 108 - Severability clause.

76-1-108.
Severability clause.
If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 301 - Offenses for which prosecution may be commenced at any time.

Effective 5/4/2022
76-1-301.
Offenses for which prosecution may be commenced at any time.
(1) As used in this section:
(a) "Aggravating offense" means any offense incident to which a homicide was committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b).
(b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a person other than a party as defined in Section 76-2-202 was killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of the offense.
(2) Notwithstanding any other provisions of this code, prosecution for the following offenses may be commenced at any time:
(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.
Amended by Chapter 181, 2022 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 301.1 - Statute of limitations for unlawful sexual activity with a minor.

Effective 5/12/2020
76-1-301.1.
Statute of limitations for unlawful sexual activity with a minor.
The statute of limitations for a felony violation of Section 76-5-401 or 76-5-401.2 is 10 years from the time the victim reaches the age of 18.
Enacted by Chapter 194, 2020 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 301.5 - Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery.

76-1-301.5.
Time limitations for prosecution of misusing public money, falsification or alteration of government records, and bribery.
(1) A prosecution for misusing public money, falsification or alteration of government records, or for a bribery offense shall be commenced within two years after facts constituting the offense have been reported to a prosecutor having responsibility and jurisdiction to prosecute the offense.
(2) This section does not shorten the limitation of actions under Section 76-1-302 or Subsection 76-1-303(3).
Amended by Chapter 208, 2002 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 302 - Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.

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
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 303 - Time limitations for fraud or breach of fiduciary obligation -- Misconduct of public officer or employee.

76-1-303.
Time limitations for fraud or breach of fiduciary obligation -- Misconduct of public officer or employee.
(1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report of the offense has been filed with a law enforcement agency.
(2) Subsection (1) may not extend the period of limitation as provided in Section 76-1-302 by more than three years.
(3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a prosecution may be commenced for:
(a) any offense based upon misconduct in office by a public officer or public employee:
(i) at any time during which the defendant holds a public office or during the period of his public employment; or
(ii) within two years after termination of defendant's public office or public employment.
(b) Except as provided in Section 76-1-301.5, Subsection (3) shall not extend the period of limitation otherwise applicable by more than three years.
Amended by Chapter 145, 2009 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 304 - Defendant out of state -- Plea held invalid -- New prosecutions.

76-1-304.
Defendant out of state -- Plea held invalid -- New prosecutions.
(1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense.
(2) If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate his conviction, the period of limitation is suspended from the time of the entry of the plea pursuant to the plea agreement until the time at which the conviction is determined to be invalid, and that determination becomes final.
(3) For purposes of this section, "final" means:
(a) all appeals have been exhausted;
(b) no judicial review is pending; and
(c) no application for judicial review is pending.
(4) When the period of limitation is suspended pursuant to Subsection (2), the suspension includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges which were dismissed as a result of a plea agreement, as well as any known charges which were not barred at the time of entry of the plea.
(5) Notwithstanding any other limitation, a prosecution may be commenced for charges described in Subsection (4) within one year after a plea entered pursuant to a plea agreement has been determined to be invalid, and that determination becomes final.
Amended by Chapter 121, 1998 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 305 - Lesser included offense for which period of limitations has run.

76-1-305.
Lesser included offense for which period of limitations has run.
Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to punishment for the lesser offense.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 3 - Limitations of Actions › Section 306 - Judge to determine.

76-1-306.
Judge to determine.
When an issue concerning the statute of limitations is raised, the judge shall determine by a preponderance of the evidence whether the prosecution is barred by the limitations in this part.
Enacted by Chapter 121, 1998 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 4 - Multiple Prosecutions and Double Jeopardy › Section 401 - "Single criminal episode" defined -- Joinder of offenses and defendants.

76-1-401.
"Single criminal episode" defined -- Joinder of offenses and defendants.
In this part unless the context requires a different definition, "single criminal episode" means all conduct which is closely related in time and is incident to an attempt or an accomplishment of a single criminal objective.
Nothing in this part shall be construed to limit or modify the effect of Section 77-8a-1 in controlling the joinder of offenses and defendants in criminal proceedings.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 4 - Multiple Prosecutions and Double Jeopardy › Section 402 - Separate offenses arising out of single criminal episode -- Included offenses.

76-1-402.
Separate offenses arising out of single criminal episode -- Included offenses.
(1) A defendant may be prosecuted in a single criminal action for all separate offenses arising out of a single criminal episode; however, when the same act of a defendant under a single criminal episode shall establish offenses which may be punished in different ways under different provisions of this code, the act shall be punishable under only one such provision; an acquittal or conviction and sentence under any such provision bars a prosecution under any other such provision.
(2) Whenever conduct may establish separate offenses under a single criminal episode, unless the court otherwise orders to promote justice, a defendant shall not be subject to separate trials for multiple offenses when:
(a) The offenses are within the jurisdiction of a single court; and
(b) The offenses are known to the prosecuting attorney at the time the defendant is arraigned on the first information or indictment.
(3) A defendant may be convicted of an offense included in the offense charged but may not be convicted of both the offense charged and the included offense. An offense is so included when:
(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
(b) It constitutes an attempt, solicitation, conspiracy, or form of preparation to commit the offense charged or an offense otherwise included therein; or
(c) It is specifically designated by a statute as a lesser included offense.
(4) The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.
(5) If the district court on motion after verdict or judgment, or an appellate court on appeal or certiorari, shall determine that there is insufficient evidence to support a conviction for the offense charged but that there is sufficient evidence to support a conviction for an included offense and the trier of fact necessarily found every fact required for conviction of that included offense, the verdict or judgment of conviction may be set aside or reversed and a judgment of conviction entered for the included offense, without necessity of a new trial, if such relief is sought by the defendant.
Amended by Chapter 32, 1974 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 4 - Multiple Prosecutions and Double Jeopardy › Section 403 - Former prosecution barring subsequent prosecution for offense out of same episode.

76-1-403.
Former prosecution barring subsequent prosecution for offense out of same episode.
(1) If a defendant has been prosecuted for one or more offenses arising out of a single criminal episode, a subsequent prosecution for the same or a different offense arising out of the same criminal episode is barred if:
(a) the subsequent prosecution is for an offense that was or should have been tried under Subsection 76-1-402(2) in the former prosecution; and
(b) the former prosecution:
(i) resulted in acquittal;
(ii) resulted in conviction;
(iii) was improperly terminated; or
(iv) was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.
(2) There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of facts or in a determination that there was insufficient evidence to warrant conviction. A finding of guilty of a lesser included offense is an acquittal of the greater offense even though the conviction for the lesser included offense is subsequently reversed, set aside, or vacated.
(3) There is a conviction if the prosecution resulted in a judgment of guilt that has not been reversed, set aside, or vacated; a verdict of guilty that has not been reversed, set aside, or vacated and that is capable of supporting a judgment; or a plea of guilty accepted by the court.
(4) There is an improper termination of prosecution if the termination takes place before the verdict, is for reasons not amounting to an acquittal, and takes place after a jury has been impaneled and sworn to try the defendant, or, if the jury trial is waived, after the first witness is sworn. However, termination of prosecution is not improper if:
(a) the defendant consents to the termination;
(b) the defendant waives his right to object to the termination; or
(c) the court finds and states for the record that the termination is necessary because:
(i) it is physically impossible to proceed with the trial in conformity with the law;
(ii) there is a legal defect in the proceeding not attributable to the state that would make any judgment entered upon a verdict reversible as a matter of law;
(iii) prejudicial conduct in or out of the courtroom not attributable to the state makes it impossible to proceed with the trial without injustice to the defendant or the state;
(iv) the jury is unable to agree upon a verdict; or
(v) false statements of a juror on voir dire prevent a fair trial.
Amended by Chapter 278, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 4 - Multiple Prosecutions and Double Jeopardy › Section 404 - Concurrent jurisdiction -- Prosecution in other jurisdiction barring prosecution in state.

76-1-404.
Concurrent jurisdiction -- Prosecution in other jurisdiction barring prosecution in state.
If a defendant's conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if:
(1) the former prosecution resulted in an acquittal, conviction, or termination of prosecution, as those terms are defined in Section 76-1-403; and
(2) the subsequent prosecution is for the same offense or offenses.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 4 - Multiple Prosecutions and Double Jeopardy › Section 405 - Subsequent prosecution not barred -- Circumstances.

76-1-405.
Subsequent prosecution not barred -- Circumstances.
A subsequent prosecution for an offense shall not be barred under the following circumstances:
(1) The former prosecution was procured by the defendant without the knowledge of the prosecuting attorney bringing the subsequent prosecution and with intent to avoid the sentence that might otherwise be imposed; or
(2) The former prosecution resulted in a judgment of guilt held invalid in a subsequent proceeding on writ of habeas corpus, coram nobis, or similar collateral attack.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 5 - Burden of Proof › Section 501 - Presumption of innocence -- "Element of the offense" defined.

Effective 5/13/2014
76-1-501.
Presumption of innocence -- "Element of the offense" defined.
(1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted.
(2) As used in this part, "element of the offense" means:
(a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
(b) the culpable mental state required.
(3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.
Amended by Chapter 40, 2014 General Session
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 5 - Burden of Proof › Section 502 - Negating defense by allegation or proof -- When not required.

76-1-502.
Negating defense by allegation or proof -- When not required.
Section 76-1-501 does not require negating a defense:
(1) By allegation in an information, indictment, or other charge; or
(2) By proof, unless:
(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 5 - Burden of Proof › Section 503 - Presumption of fact.

76-1-503.
Presumption of fact.
An evidentiary presumption established by this code or other penal statute has the following consequences:
(1) When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly negates the presumed fact;
(2) In submitting the issue of the existence of a presumed fact to the jury, the court shall charge that while the presumed fact must on all evidence be proved beyond a reasonable doubt, the law regards the facts giving rise to the presumption as evidence of the presumed fact.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 1 - General Provisions › Part 5 - Burden of Proof › Section 504 - Affirmative defense presented by defendant.

76-1-504.
Affirmative defense presented by defendant.
Evidence of an affirmative defense as defined by this code or other statutes shall be presented by the defendant.
Enacted by Chapter 196, 1973 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 101 - Requirements of criminal conduct and criminal responsibility.

76-2-101.
Requirements of criminal conduct and criminal responsibility.
(1)
(a) A person is not guilty of an offense unless the person's conduct is prohibited by law; and
(b)
(i) the person acts intentionally, knowingly, recklessly, with criminal negligence, or with a mental state otherwise specified in the statute defining the offense, as the definition of the offense requires; or
(ii) the person's acts constitute an offense involving strict liability.
(2) These standards of criminal responsibility do not apply to the violations set forth in Title 41, Chapter 6a, Traffic Code, unless specifically provided by law.
Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 102 - Culpable mental state required -- Strict liability.

76-2-102.
Culpable mental state required -- Strict liability.
Every offense not involving strict liability shall require a culpable mental state, and when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility. An offense shall involve strict liability if the statute defining the offense clearly indicates a legislative purpose to impose criminal responsibility for commission of the conduct prohibited by the statute without requiring proof of any culpable mental state.
Amended by Chapter 90, 1983 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 103 - Definitions.

76-2-103.
Definitions.
A person engages in conduct:
(1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
(2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
(4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint.
Amended by Chapter 229, 2007 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 104 - Culpable mental state -- Higher mental states included.

76-2-104.
Culpable mental state -- Higher mental states included.
(1) If acting with criminal negligence is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly.
(2) If acting recklessly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally or knowingly.
(3) If acting knowingly is sufficient to establish the culpable mental state for an element of an offense, that element is also established if a person acts intentionally.
Amended by Chapter 75, 1998 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 105 - Transferred intent.

76-2-105.
Transferred intent.
Where intentionally causing a result is an element of an offense, that element is established even if a different person than the actor intended was killed, injured, or harmed, or different property than the actor intended was damaged or otherwise affected.
Enacted by Chapter 199, 2004 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 2 - Principles of Criminal Responsibility › Part 1 - Culpability Generally › Section 106 - Commission of offense with aid of unmanned aircraft system.

Effective 5/3/2023
76-2-106.
Commission of offense with aid of unmanned aircraft system.
(1) As used in this section:
(a) "Unmanned aircraft" means the same as that term is defined in Section 72-10-102.
(b) "Unmanned aircraft system" means the same as that term is defined in Section 72-10-102.
(2) An actor may be found guilty of an offense if:
(a) the actor commits the offense with the aid of an unmanned aircraft; and
(b) the unmanned aircraft system for the unmanned aircraft is under the actor's control at the time of the offense.
Amended by Chapter 216, 2023 General Session