Utah § 76-1-304 Defendant out of state -- Plea held invalid -- New prosecutions.

Utah Statutes

§ 76-1-304 — Defendant out of state -- Plea held invalid -- New prosecutions.

Utah § 76-1-304

Title 76Utah Criminal Code

Ch. 76-1General Provisions

Part 76-1-3Limitations of Actions

This text of Utah § 76-1-304 (Defendant out of state -- Plea held invalid -- New prosecutions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-1-304 (2026).

Text

(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 the defendant's 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:

(3)(a) all appeals have been exhausted;

(3)(b) no judicial review is pending; and

(3)(c) no application for judicial review is pending.

(4)When the period of limitation is suspended pursuant to Subsection (2), the su

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(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 the defendant's 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:
(3)(a) all appeals have been exhausted;
(3)(b) no judicial review is pending; and
(3)(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.