76-1-303. Time limitations for fraud or breach of fiduciary obligation --
Misconduct of public officer or employee.
(1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be
commenced for any offense a material element of which is either fraud or a breach of fiduciary
obligation within one year after discovery of the offense by an aggrieved party or by a person
who has a legal duty to represent an aggrieved party and who is himself not a party to the offense.
(2) Subsection (1) may not extend the period of limitation as provided in Section
76-1-302 by more than three years.
(3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a prosecution
may be commenced for:
(a) any offense based upon misconduct in office by a public officer or public employee:
(i) at any time during which the defendant holds a public office or during the period of his
public employment; or
(ii) within two years after termination of defendant's public office or public employment.
(b) Except as provided in Section 76-1-301.5, Subsection (3) shall not extend the period
of limitation otherwise applicable by more than three years.
Amended by Chapter 232, 1995 General Session
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Last revised: Wednesday, July 23, 2008