Utah § 76-1-405 Subsequent prosecution not barred -- Circumstances.

Utah Statutes

§ 76-1-405 — Subsequent prosecution not barred -- Circumstances.

Utah § 76-1-405

Title 76Utah Criminal Code

Ch. 76-1General Provisions

Part 76-1-4Multiple Prosecutions and Double Jeopardy

This text of Utah § 76-1-405 (Subsequent prosecution not barred -- Circumstances.) 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. § 76-1-405 (2026).

Text

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.

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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.