Utah § 77-2-2.3 Reducing the level of an offense.

Utah Statutes

§ 77-2-2.3 — Reducing the level of an offense.

Utah § 77-2-2.3

Title 77Utah Code of Criminal Procedure

Ch. 77-2Prosecution, Screening, and Diversion

This text of Utah § 77-2-2.3 (Reducing the level of an offense.) 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. § 77-2-2.3 (2026).

Text

(1)Subject to Subsection (2) and notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may:

(1)(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 the applicable section; or

(1)(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 provid

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(1) Subject to Subsection (2) and notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may:
(1)(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 the applicable section; or
(1)(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 the applicable section.
(2) If the offense the prosecuting attorney is seeking to lower by one degree, either by information or plea agreement under Subsection (1)(a) or (b), is an offense listed in Subsection 76-3-406(2), the prosecuting attorney shall, on the record, state that it is in the interests of justice to lower the offense by one degree.
(3) A court may:
(3)(a) enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in the applicable section; and
(3)(b) impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in the applicable section.
(4) A conviction of an offense at one degree lower than classified in the applicable section under Subsection (3) does not affect the requirements for registration of the offense under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of a registrable offense described in Section 53-29-202.
(5) 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 of Criminal Records.