§ 76-1-301 — Offenses for which prosecution may be commenced at any time.

(1) As used in this section:
(1)(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).
(1)(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:
(2)(a) an offense classified as a capital felony under Section 76-3-103;
(2)(b) aggravated murder under Section 76-5-202;
(2)(c) murder under Section 76-5-203;
(2)(d) manslaughter under Section 76-5-205;
(2)(e) child abuse homicide under Section 76-5-208;
(2)(f) aggravated kidnapping under Section 76-5-302;
(2)(g) child kidnapping under Section 76-5-301.1;
(2)(h) rape under Section 76-5-402;
(2)(i) rape of a child under Section 76-5-402.1;
(2)(j) object rape under Section 76-5-402.2;
(2)(k) object rape of a child under Section 76-5-402.3;
(2)(l) forcible sodomy under Section 76-5-403;
(2)(m) sodomy on a child under Section 76-5-403.1;
(2)(n) sexual abuse of a child under Section 76-5-404.1;
(2)(o) aggravated sexual abuse of a child under Section 76-5-404.3;
(2)(p) aggravated sexual assault under Section 76-5-405;
(2)(q) any predicate offense to a murder or aggravating offense to an aggravated murder;
(2)(r) aggravated human trafficking under Section 76-5-310;
(2)(s) aggravated human smuggling under Section 76-5-310.1;
(2)(t) human trafficking of a child under Section 76-5-308.5; or
(2)(u) aggravated exploitation of prostitution involving a child under Section 76-5d-208.

Legislative History

Amended by Chapter 173, 2025 General Session; Amended by Chapter 174, 2025 General Session