reglab/statecodes huggingface dataset:
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 30 - Unfair Market Discrimination › Section 3001 - Fraudulent practices to affect market price.

76-10-3001.
Fraudulent practices to affect market price.
Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 30 - Unfair Market Discrimination › Section 3002 - Unfair discrimination in competitive practices.

76-10-3002.
Unfair discrimination in competitive practices.
Every person engaged in the production, manufacture, or distribution of any commodity in general use who intentionally for the purpose of destroying the competition of any regular, established dealer in such commodity, or to prevent the competition of any person who in good faith intends and attempts to become a dealer, discriminates between different sections, communities, or cities of this state by selling the commodity at a lower rate in one section, community, or city, or any portion thereof, than the person charges for the commodity in another section, community, or city, after equalizing the distance from the point of production, manufacture, or distribution and freight rates therefrom, is guilty of unfair discrimination.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 30 - Unfair Market Discrimination › Section 3003 - Corporation guilty of unfair discrimination -- Action by attorney general.

76-10-3003.
Corporation guilty of unfair discrimination -- Action by attorney general.
If complaint is made to the attorney general that any corporation is guilty of unfair discrimination as defined by the preceding section, he shall investigate the complaint, and for that purpose, he may subpoena witnesses, administer oaths, take testimony, and require the production of books or other documents, and, if in his opinion sufficient grounds exist therefor, he may prosecute an action in the name of the state in the proper court to annul the charter or revoke the license of the corporation, as the case may be, and to permanently enjoin the corporation from doing business in this state, and, if in the action the court finds that the corporation is guilty of unfair discrimination as defined by the preceding section, the court shall annul the charter or revoke the license of the corporation and may permanently enjoin it from transacting business in this state.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 30 - Unfair Market Discrimination › Section 3004 - Penalty for violation.

76-10-3004.
Penalty for violation.
Any person, firm, or corporation violating any of the provisions of this part shall be fined not less than $500 nor more than $4,000 for each offense.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 30 - Unfair Market Discrimination › Section 3005 - Unfair discrimination by buyer of milk, cream or butterfat -- Classification of offense.

76-10-3005.
Unfair discrimination by buyer of milk, cream or butterfat -- Classification of offense.
Any person doing business in this state and engaged in the business of buying milk, cream, or butterfat for the purpose of sale or storage, who, for the purpose of creating a monopoly or destroying the business of a competitor, discriminates between different sections, communities, localities, cities, or towns of this state by purchasing the commodity or commodities at a higher price or rate in one section, community, location, city, or town than is paid for the same commodity by the person in another section, community, locality, city, or town, after making due allowance for the difference, if any, in the grade or quality, and in the actual cost of transportation from the point of purchase to the point of manufacture, sale, or storage, is guilty of unfair discrimination, which is hereby prohibited and declared to be unlawful; and any person, firm, company, association, or corporation, or any officer, agent, receiver, or member of such firm, company, association, or corporation, found guilty of unfair discrimination as herein defined shall be guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3101 - Title.

76-10-3101.
Title.
This part is known as the "Utah Antitrust Act."
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3102 - Legislative findings -- Purpose of act.

76-10-3102.
Legislative findings -- Purpose of act.
The Legislature finds and determines that competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic, political and social institutions.
The purpose of this act is, therefore, to encourage free and open competition in the interest of the general welfare and economy of this state by prohibiting monopolistic and unfair trade practices, combinations and conspiracies in restraint of trade or commerce and by providing adequate penalties for the enforcement of its provisions.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3103 - Definitions.

Effective 5/12/2015
76-10-3103.
Definitions.
As used in this part:
(1) "Attempt to monopolize" means action taken without a legitimate business purpose and with a specific intent of destroying competition or controlling prices to substantially lessen competition, or creating a monopoly, where there is a dangerous probability of creating a monopoly.
(2) "Attorney general" means the attorney general of the state or one of the attorney general's assistants.
(3) "Commodity" includes any product of the soil, any article of merchandise or trade or commerce, and any other kind of real or personal property.
(4) "Manufacturer" means the producer or originator of any commodity or service.
(5) "Service" includes any activity that is performed in whole or in part for the purpose of financial gain including, but not limited to, personal service, professional service, rental, leasing or licensing for use.
(6) "Trade or commerce" includes all economic activity involving, or relating to, any commodity, service, or business activity, including the cost of exchange or transportation.
Amended by Chapter 140, 2015 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3104 - Illegal anticompetitive activities.

76-10-3104.
Illegal anticompetitive activities.
(1) Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is declared to be illegal.
(2) It shall be unlawful for any person to monopolize, or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, any part of trade or commerce.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3106 - Attorney General's powers -- Investigations -- Institution of actions -- Cooperation.

76-10-3106.
Attorney General's powers -- Investigations -- Institution of actions -- Cooperation.
(1) The attorney general may investigate suspected violations of this act and institute appropriate actions regarding those suspected violations as provided in this act.
(2) Any violations of this act which come to the attention of any state government officer or agency shall be reported to the attorney general. All state government officers and agencies shall cooperate with, and assist in, any prosecution for violation of this act.
(3) The attorney general may proceed under any antitrust laws in the state or federal courts on behalf of this state, any of its political subdivisions or agencies, or as parens patriae on behalf of natural persons in this state.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3108 - Attorney general may bring action for injunctive relief, damages, and civil penalty.

Effective 5/14/2019
76-10-3108.
Attorney general may bring action for injunctive relief, damages, and civil penalty.
(1) The attorney general may bring an action for appropriate injunctive relief, a civil penalty, and damages in the name of the state, any of its political subdivisions or agencies, or as parens patriae on behalf of natural persons in this state, for a violation of this act. Actions may be brought under this section regardless of whether the plaintiff dealt directly or indirectly with the defendant. This remedy is an additional remedy to any other remedies provided by law. It may not diminish or offset any other remedy.
(2) Any individual who violates this act is subject to a civil penalty of not more than $100,000 for each violation. Any person, other than an individual, who violates this act is subject to a civil penalty of not more than $500,000 for each violation.
Amended by Chapter 348, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3112 - Fine for violation -- Certain vertical agreements excluded -- Nolo contendere.

76-10-3112.
Fine for violation -- Certain vertical agreements excluded -- Nolo contendere.
(1)
(a) Any person who violates Section 76-10-3104 by price fixing, bid rigging, agreeing among competitors to divide customers or territories, or by engaging in a group boycott with specific intent of eliminating competition is guilty of a third degree felony and, notwithstanding Sections 76-3-301 and 76-3-302, is subject to:
(i) if an individual, a fine not to exceed $100,000; or
(ii) if by a person other than an individual, a fine not to exceed $500,000.
(b) Subsection (1)(a) may not be construed to include vertical agreements between a manufacturer, its distributors, or their subdistributors dividing customers and territories solely involving the manufacturer's commodity or service where the manufacturer distributes its commodity or service both directly and through distributors or subdistributors in competition with itself.
(2) A defendant may plead nolo contendere to a charge brought under this title but only with the consent of the court. The court may accept the plea only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.
Renumbered and Amended by Chapter 187, 2013 General Session
Amended by Chapter 285, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3113 - Conviction as prima facie evidence in action for injunctive relief or damages.

76-10-3113.
Conviction as prima facie evidence in action for injunctive relief or damages.
In any action brought by the state, a final judgment or decree determining that a person has criminally violated this act, other than a judgment entered pursuant to a nolo contendere plea or a decree entered prior to the taking of any testimony, shall be prima facie evidence against that person in any action brought pursuant to Section 76-10-3109, as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3114 - Attorney General Litigation Fund.

Effective 5/14/2019
76-10-3114.
Attorney General Litigation Fund.
(1)
(a) There is created an expendable special revenue fund known as the Attorney General Litigation Fund for the purpose of providing funds to pay for:
(i) any costs and expenses incurred by the state attorney general in relation to actions under state or federal antitrust, criminal laws, or civil proceedings under Title 13, Chapter 44, Protection of Personal Information Act; and
(ii) citizen education and outreach related to any item described in Subsection (1)(a)(i).
(b) The funds described in Subsection (1)(a) are in addition to other funds as may be appropriated by the Legislature to the attorney general for the administration and enforcement of the laws of this state.
(c) At the close of any fiscal year, any balance in the fund in excess of $4,000,000 shall be transferred to the General Fund.
(d) The attorney general may expend money from the Attorney General Litigation Fund for the purposes in Subsection (1)(a).
(2)
(a) All money received by the state or its agencies by reason of any judgment, settlement, or compromise as the result of any action commenced, investigated, or prosecuted by the attorney general, after payment of any fines, restitution, payments, costs, or fees allocated by the court, shall be deposited in the Attorney General Litigation Fund, except as provided in Subsection (2)(b).
(b)
(i) Any expenses advanced by the attorney general in any of the actions under Subsection (1)(a) shall be credited to the Attorney General Litigation Fund.
(ii) Any money recovered by the attorney general on behalf of any private person or public body other than the state shall be paid to those persons or bodies from funds remaining after payment of expenses under Subsection (2)(b)(i).
Amended by Chapter 348, 2019 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3115 - Attorney general to advocate competition.

76-10-3115.
Attorney general to advocate competition.
The attorney general shall have the authority and responsibility to advocate the policy of competition before all political subdivisions of this state and all public agencies whose actions may affect the interests of persons in this state.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3116 - Venue of actions by state -- Transfer.

76-10-3116.
Venue of actions by state -- Transfer.
Any action brought by the state pursuant to this act shall be brought in any county wherein the defendant resides or does business, or at the option of the defendant, such action shall be transferred, upon motion made within 30 days after commencement of the action, to Salt Lake County.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3117 - Statute of limitations.

76-10-3117.
Statute of limitations.
(1) Any action brought by the attorney general pursuant to this act is barred if it is not commenced within four years after the cause of action accrues.
(2) Any other action pursuant to this act is barred if it is not commenced within four years after the cause of action accrues, or within one year after the conclusion of an action brought by the state pursuant to this act based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 31 - Utah Antitrust Act › Section 3118 - Interpretation of act.

76-10-3118.
Interpretation of act.
The Legislature intends that the courts, in construing this act, will be guided by interpretations given by the federal courts to comparable federal antitrust statutes and by other state courts to comparable state antitrust statutes.
Renumbered and Amended by Chapter 187, 2013 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 32 - Prohibition on Kickbacks › Section 3201 - Prohibition on kickbacks.

Effective 5/3/2023
Superseded 5/2/2024
76-10-3201.
Prohibition on kickbacks.
(1) As used in this section:
(a) "Kickback or bribe" means a rebate, compensation, or any other form of remuneration, that is:
(i) direct or indirect;
(ii) overt or covert; or
(iii) in cash or in kind.
(b) "Kickback or bribe" does not include:
(i) a fee that is:
(A) shared between two or more individuals, each of whom is licensed to practice law; and
(B) charged for services provided in the individual's capacity as a licensee described in Subsection (1)(b)(i)(A); or
(ii) payment for medical services rendered.
(2)
(a) An actor may not solicit or receive a kickback or bribe in return for the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.
(b) An actor may not offer or pay a kickback or bribe to induce the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section does not apply to an individual licensed to practice law or a medical provider when referring, without compensation, a client for medical treatment or evaluation.
Amended by Chapter 515, 2023 General Session
2023 Utah Code › Title 76 - Utah Criminal Code › Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals › Part 32 - Prohibition on Kickbacks › Section 3201 - Prohibition on kickbacks.

Effective 5/2/2024
76-10-3201.
Prohibition on kickbacks.
(1) As used in this section:
(a) "Kickback or bribe" means a rebate, compensation, or any other form of remuneration, that is:
(i) direct or indirect;
(ii) overt or covert; or
(iii) in cash or in kind.
(b) "Kickback or bribe" does not include:
(i) a fee that is:
(A) shared between two or more individuals, each of whom is licensed to practice law; and
(B) charged for services provided in the individual's capacity as a licensee described in Subsection (1)(b)(i)(A); or
(ii) payment for medical services rendered.
(2)
(a) An actor may not solicit or receive a kickback or bribe in return for the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.
(b) An actor may not offer or pay a kickback or bribe to induce the referral of a person to another person for the furnishing of any good or service that relates to any insurance claim or a claim for damages.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section does not apply to an individual licensed to practice law or a medical provider when referring a client for medical treatment or evaluation, if the referral is made without compensation.
(5) This section does not apply to an individual licensed to practice law when:
(a) paying a lien, contractual reimbursement, or medical bill on behalf of a client from proceeds of a settlement or judgment; or
(b) marketing to, or engaging in client development activities with, an individual licensed to provide medical treatment or evaluation, if the marketing or client development activities are not for the purpose of inducing the individual licensed to provide medical treatment or evaluation to refer a particular person to the individual licensed to practice law.
Amended by Chapter 515, 2023 General Session
Amended by Chapter 536, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 1 - Preliminary Provisions › Section 3 - Definitions.

Effective 7/1/2021
77-1-3.
Definitions.
For the purpose of this act:
(1) "Criminal action" means the proceedings by which a person is charged, accused, and brought to trial for a public offense.
(2) "Indictment" means an accusation in writing presented by a grand jury to the district court charging a person with a public offense.
(3) "Information" means an accusation, in writing, charging a person with a public offense which is presented, signed, and filed in the office of the clerk where the prosecution is commenced in accordance with Section 77-2-2.2.
(4) "Magistrate" means a justice or judge of a court of record or not of record or a commissioner of such a court appointed in accordance with Section 78A-5-107, except that the authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial council. The judicial council rules shall not exceed constitutional limitations upon the delegation of judicial authority.
(5) "Risk and needs assessment" means an actuarial tool validated on offenders that determines:
(a) an individual's risk of reoffending; and
(b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 1 - Preliminary Provisions › Section 5 - Prosecuting party.

77-1-5.
Prosecuting party.
A criminal action for any violation of a state statute shall be prosecuted in the name of the state of Utah. A criminal action for violation of any county or municipal ordinance shall be prosecuted in the name of the governmental entity involved.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 1 - Preliminary Provisions › Section 6 - Rights of defendant.

77-1-6.
Rights of defendant.
(1) In criminal prosecutions the defendant is entitled:
(a) To appear in person and defend in person or by counsel;
(b) To receive a copy of the accusation filed against him;
(c) To testify in his own behalf;
(d) To be confronted by the witnesses against him;
(e) To have compulsory process to insure the attendance of witnesses in his behalf;
(f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed;
(g) To the right of appeal in all cases; and
(h) To be admitted to bail in accordance with provisions of law, or be entitled to a trial within 30 days after arraignment if unable to post bail and if the business of the court permits.
(2) In addition:
(a) No person shall be put twice in jeopardy for the same offense;
(b) No accused person shall, before final judgment, be compelled to advance money or fees to secure rights guaranteed by the Constitution or the laws of Utah, or to pay the costs of those rights when received;
(c) No person shall be compelled to give evidence against himself;
(d) A wife shall not be compelled to testify against her husband nor a husband against his wife; and
(e) No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 1 - Preliminary Provisions › Section 7 - Dismissal without trial -- Custody or discharge of defendant.

77-1-7.
Dismissal without trial -- Custody or discharge of defendant.
(1)
(a) Further prosecution for an offense is not barred if the court dismisses an information or indictment based on the ground:
(i) there was unreasonable delay;
(ii) the court is without jurisdiction;
(iii) the offense was not properly alleged in the information or indictment; or
(iv) there was a defect in the impaneling or the proceedings relating to the grand jury.
(b) The court may make orders regarding custody of the defendant pending the filing of new charges as the interest of justice may require. Otherwise, the defendant shall be discharged and bail exonerated.
(2) An order of dismissal based upon unconstitutional delay in bringing the defendant to trial or upon the statute of limitations is a bar to any other prosecution for the offense charged.
Enacted by Chapter 7, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 2 - Definitions.

Effective 7/1/2021
77-2-2.
Definitions.
As used in this chapter:
(1) "Commencement of prosecution" means the filing of an information or an indictment.
(2) "Diversion" means suspending criminal proceedings before conviction on the condition that a defendant agree to:
(a) participate in a rehabilitation program;
(b) pay restitution to a victim; or
(c) fulfill some other condition.
(3) "Restitution" means the same as that term is defined in Section 77-38b-102.
(4) "Screening" means the process used by a prosecuting attorney to:
(a) terminate an investigative action;
(b) proceed with prosecution;
(c) move to dismiss a prosecution that has been commenced; or
(d) cause a prosecution to be diverted.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 2.1 - Authorization to file information.

Effective 7/1/2021
77-2-2.1.
Authorization to file information.
Except as otherwise provided by law, no information may be filed charging the commission of any felony or class A misdemeanor unless authorized by a prosecuting attorney.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 2.2 - Signing and filing of information.

Effective 5/3/2023
77-2-2.2.
Signing and filing of information.
(1) The prosecuting attorney shall sign all informations.
(2) The prosecuting attorney may:
(a) sign the information in the presence of a magistrate; or
(b) present and file the information in the office of the clerk where the prosecution is commenced upon the signature of the prosecuting attorney.
(3) When reasonably available, the prosecuting attorney shall ensure that the information includes:
(a) the defendant's state identification number issued by the Bureau of Criminal Identification;
(b) the citation number associated with the case; and
(c) the offense tracking number associated with the case.
Amended by Chapter 177, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 2.3 - Reducing the level of an offense.

Effective 7/1/2021
77-2-2.3.
Reducing the level of an offense.
(1) Notwithstanding any other provision of law, a prosecuting attorney may:
(a) present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute if the prosecuting attorney believes that the sentence would be disproportionate to the offense because there are special circumstances relating to the offense; or
(b) subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute.
(2) A court may:
(a) enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in statute; and
(b) impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in statute.
(3) A conviction of an offense at one degree lower than classified in statute under Subsection (2) does not affect the requirements for registration of the offense under Title 77, Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of an offense described in Section 77-41-102 or 77-43-102.
(4) This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40a, Expungement.
Renumbered and Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 3 - Termination of investigative action.

77-2-3.
Termination of investigative action.
Prior to the commencement of prosecution, the prosecutor may, without approval of a magistrate, authorize a termination of investigative action when it appears that further investigative action is not in the public interest.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 4 - Dismissal of prosecution.

77-2-4.
Dismissal of prosecution.
After commencement of a prosecution the prosecutor may, upon reasonable grounds, move the magistrate before whom the prosecution is pending to dismiss the prosecution. If, in the judgment of the magistrate, the prosecution should not continue, he may dismiss the prosecution and enter an order of dismissal stating the reasons for the dismissal in the order.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 4.3 - Compromise of boating violations -- Limitations.

Effective 7/1/2022
77-2-4.3.
Compromise of boating violations -- Limitations.
(1) As used in this section:
(a) "Compromise" means referral of a person charged with a boating violation to a boating safety course approved by the Division of Outdoor Recreation.
(b) "Boating violation" means any charge for which bail may be forfeited in lieu of appearance, by citation or information, of a violation of Title 73, Chapter 18, State Boating Act, amounting to:
(i) a class B misdemeanor;
(ii) a class C misdemeanor; or
(iii) an infraction.
(2) Any compromise of a boating violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
(a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or
(b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge.
(3) In a case that is compromised pursuant to Subsection (2):
(a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:
(i) be subject to the same surcharge as if imposed on a criminal fine;
(ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation; and
(iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule; or
(b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the boating safety course shall be collected, which surcharge shall:
(i) be computed, assessed, collected, and remitted in the same manner as if the boating safety course fee and surcharge had been imposed as a criminal fine and surcharge; and
(ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.
(4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:
(a) the Uniform Bail Schedule amount;
(b) the amount of any surcharges being assessed; and
(c) the amount of the plea in abeyance fee.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 4.5 - Dismissal by compromise -- Limitations.

77-2-4.5.
Dismissal by compromise -- Limitations.
(1) In misdemeanor cases the court may dismiss the case upon motion of the prosecutor if it is compromised by the defendant and the injured party, except under Subsection (2). The injured party shall first acknowledge the compromise before the court or in writing. The reasons for the order shall be set forth and entered in the minutes. The order is a bar to another prosecution for the same offense.
(2) A dismissal by compromise may not be granted when the misdemeanor is committed by or upon a peace officer while in the performance of his duties, or riotously, or with intent to commit a felony.
Enacted by Chapter 7, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 5 - Diversion agreement -- Negotiation -- Contents.

Effective 7/1/2021
77-2-5.
Diversion agreement -- Negotiation -- Contents.
(1) At any time after the commencement of prosecution and before conviction, the prosecuting attorney may, by written agreement with the defendant, filed with the court, and upon approval of the court, divert a defendant to a non-criminal diversion program.
(2) A defendant shall be represented by counsel during negotiations for diversion and at the time of execution of any diversion agreement unless the defendant has knowingly and intelligently waived the defendant's right to counsel.
(3) The defendant has the right to be represented by counsel at any court hearing relating to a diversion program.
(4)
(a) A diversion agreement, entered into between the prosecuting attorney and the defendant and approved by a magistrate, shall contain a full, detailed statement of the requirements agreed to by the defendant and the reasons for diversion.
(b) The diversion agreement described in Subsection (4)(a) shall include an agreement, by the parties, for a specific amount of restitution that the defendant will pay, unless the prosecuting attorney certifies that:
(i) the prosecuting attorney has consulted with all victims, including the Utah Office for Victims of Crime; and
(ii) the defendant does not owe any restitution.
(5)
(a) If the court approves a diversion agreement that includes an agreement by the parties for the amount of restitution that the defendant will pay, the court shall order the defendant to pay restitution in accordance with the terms of the diversion agreement.
(b) The court shall collect, receive, process, and distribute payments for restitution to the victim, unless otherwise provided by law or by the diversion agreement.
(6) A decision by a prosecuting attorney not to divert a defendant is not subject to judicial review.
(7) A diversion agreement entered into between the prosecution and the defense and approved by a magistrate may contain an order that the defendant pay a nonrefundable diversion fee that:
(a) shall be allocated in the same manner as if paid as a fine for a criminal conviction under Section 78A-5-110 or Section 78A-7-120; and
(b) may not exceed the suggested fine listed in the Uniform Fine Schedule adopted by the Judicial Council.
(8) A diversion agreement may not be approved unless the defendant knowingly and intelligently waives the defendant's constitutional right to a speedy trial before a magistrate and in the diversion agreement.
(9)
(a) The court shall, on the defendant's request, consider the defendant's ability to pay a diversion fee before ordering the defendant to pay a diversion fee.
(b) The court may:
(i) consider any relevant evidence in determining the defendant's ability to pay a diversion fee; and
(ii) lower or waive the diversion fee based on that evidence.
(10) A diversion program longer than two years is not permitted.
Amended by Chapter 43, 2021 General Session
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 6 - Dismissal after compliance with diversion agreement.

77-2-6.
Dismissal after compliance with diversion agreement.
The court shall dismiss the information or indictment filed against the defendant who has complied with the requirements of his diversion agreement and the defendant shall not thereafter be subject to further prosecution for the offense involved or for any lesser included offense.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 7 - Diversion not a conviction.

77-2-7.
Diversion not a conviction.
Diversion is not a conviction and if the case is dismissed the matter shall be treated as if the charge had never been filed.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 8 - Violation of diversion agreement -- Hearing -- Prosecution resumed.

77-2-8.
Violation of diversion agreement -- Hearing -- Prosecution resumed.
If, during the course of the diversion of a defendant, information is brought to the attention of a magistrate or the prosecuting attorney that the defendant has violated his diversion agreement and it appears in the best interests of the community to reinstate and proceed with the prosecution, the prosecuting attorney, upon court approval, or the magistrate, on his own motion, shall cause to be served upon the defendant an order to show cause specifying the facts relied upon by the prosecuting attorney or magistrate to terminate diversion and shall set a time and place for a hearing to determine whether or not the defendant has violated his diversion agreement. If, at the hearing, the magistrate finds the defendant has failed to comply with any terms or conditions of the diversion agreement, he may authorize the prosecuting attorney to proceed with prosecution. The prosecution of a diverted offense shall not bar any independent prosecution arising from any offense that constituted a violation of any term or condition of the diversion agreement by which the original prosecution was diverted.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2 - Prosecution, Screening, and Diversion › Section 9 - Offenses ineligible for diversion.

Effective 9/1/2021
77-2-9.
Offenses ineligible for diversion.
(1) A magistrate may not grant a diversion for:
(a) a capital felony;
(b) a felony in the first degree;
(c) any case involving a sexual offense against a victim who is under 14 years old;
(d) any motor vehicle related offense involving alcohol or drugs;
(e) any case involving using a motor vehicle in the commission of a felony;
(f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;
(g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:
(i) manslaughter under Section 76-5-205; or
(ii) negligent homicide under Section 76-5-206; or
(h) a crime of domestic violence as defined in Section 77-36-1.
(2) When an individual is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, while under 16 years old, the court may enter a diversion in the matter if the court enters on the record the court's findings that:
(a) the offenses could have been adjudicated in juvenile court but for the delayed reporting or delayed filing of the information in the district court, unless the offenses are before the court in accordance with Section 80-6-502 or 80-6-504;
(b) the individual did not use coercion or force;
(c) there is no more than three years' difference between the ages of the participants; and
(d) it would be in the best interest of the person to grant diversion.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2a - Pleas in Abeyance › Section 1 - Definitions.

Effective 5/3/2023
77-2a-1.
Definitions.
As used in this chapter:
(1) "Criminal conduct" means the same as that term is defined in Section 77-38b-102.
(2) "Pecuniary damages" means the same as that term is defined in Section 77-38b-102.
(3) "Plea in abeyance" means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement.
(4) "Plea in abeyance agreement" means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance.
(5) "Restitution" means the same as that term is defined in Section 77-38b-102.
(6) "Victim" means the same as that term is defined in Section 77-38b-102.
Amended by Chapter 113, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 2a - Pleas in Abeyance › Section 4 - Violation of plea in abeyance agreement -- Hearing -- Entry of judgment and imposition of sentence -- Subsequent prosecutions.

77-2a-4.
Violation of plea in abeyance agreement -- Hearing -- Entry of judgment and imposition of sentence -- Subsequent prosecutions.
(1) If, at any time during the term of the plea in abeyance agreement, information comes to the attention of the prosecuting attorney or the court that the defendant has violated any condition of the agreement, the court, at the request of the prosecuting attorney, made by appropriate motion and affidavit, or upon its own motion, may issue an order requiring the defendant to appear before the court at a designated time and place to show cause why the court should not find the terms of the agreement to have been violated and why the agreement should not be terminated. If, following an evidentiary hearing, the court finds that the defendant has failed to substantially comply with any term or condition of the plea in abeyance agreement, it may terminate the agreement and enter judgment of conviction and impose sentence against the defendant for the offense to which the original plea was entered. Upon entry of judgment of conviction and imposition of sentence, any amounts paid by the defendant as a plea in abeyance fee prior to termination of the agreement shall be credited against any fine imposed by the court.
(2) The termination of a plea in abeyance agreement and subsequent entry of judgment of conviction and imposition of sentence shall not bar any independent prosecution arising from any offense that constituted a violation of any term or condition of an agreement whereby the original plea was placed in abeyance.
Enacted by Chapter 82, 1993 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 3 - Security to Keep the Peace › Section 1 - Threatened offense -- Complaint.

77-3-1.
Threatened offense -- Complaint.
A complaint that a person has threatened to commit an offense against the person or property of another, except in the case of stalking, may be made before any magistrate. Petitions alleging the commission of stalking shall be handled pursuant to Title 78B, Chapter 7, Protective Orders and Stalking Injunctions.
Amended by Chapter 276, 2001 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 3 - Security to Keep the Peace › Section 3 - "Complaint" defined.

77-3-3.
"Complaint" defined.
A complaint, within the meaning of this chapter, is a statement in writing setting forth the jurisdictional facts, specifying the threatened offense, and subscribed and sworn to by the complainant before the magistrate.
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 4 - Warrant of arrest -- Temporary restraining order.

77-3-4.
Warrant of arrest -- Temporary restraining order.
If the magistrate believes there is reasonable ground to fear the commission of the offense threatened, he may:
(1) Issue a warrant directed generally to any peace officer, reciting the substance of the complaint and commanding the officer to immediately arrest the person complained of and bring him before the magistrate or in the case of his absence or inability to act before the nearest and most accessible magistrate of the county; and
(2) Issue a temporary restraining order against the commission of the offense and order the person complained of to immediately appear before the magistrate for a hearing.
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 5 - Defendant taken before different magistrate -- Procedure.

77-3-5.
Defendant taken before different magistrate -- Procedure.
When the person arrested is taken before a magistrate other than the one who issued the warrant, the peace officer who executed the warrant shall deliver it to the issuing magistrate with his endorsed return. The complaint and written testimony, if any, on which the warrant was issued shall be sent to the magistrate before whom the person arrested is taken.
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 8 - Findings and orders -- Discharge -- Undertaking -- Commitment.

77-3-8.
Findings and orders -- Discharge -- Undertaking -- Commitment.
(1) If it appears there is no reasonable ground to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged. The complainant may be ordered to pay the costs of the proceedings if the magistrate believes the complaint was unfounded and frivolous.
(2) If there is reasonable ground to fear the commission of an offense, the court may, in addition or as an alternative to other relief, enter an order permanently restraining the person from engaging in illegal conduct or acting in any manner that could result in illegal conduct or the person complained of may be required to enter into an undertaking in a sum not to exceed $3,000, with one or more sufficient sureties, to keep the peace toward the people of this state and particularly toward the persons endangered. The conditions of the undertaking shall be in writing and shall be for a period of six months. It may be extended on good cause shown for a longer period or enlarged and a new undertaking may be required.
(a) If the undertaking is given, the party complained of shall be discharged.
(b) If the undertaking is not given, the magistrate shall commit the defendant to jail specifying in the warrant of commitment the requirement to give security, the amount thereof, and the effective period of time.
(c) A person committed for not giving the required undertaking may be discharged by any magistrate when he provides the undertaking.
Enacted by Chapter 15, 1980 General Session