<section number="76-1-302"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">451</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.</catchline><subsection number="76-1-302(1)">Except as otherwise provided by Subsection <xref refnumber="25-null-7">(2)</xref> or another provision of the Utah Code, a prosecution for:<subsection number="76-1-302(1)(a)">a felony or negligent homicide shall be commenced within four years after it is committed;</subsection><subsection number="76-1-302(1)(b)">a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and</subsection><subsection number="76-1-302(1)(c)">any infraction shall be commenced within one year after it is committed.</subsection></subsection><subsection number="76-1-302(2)"><subsection number="76-1-302(2)(a)">A prosecution for:<subsection number="76-1-302(2)(a)(i)"> an offense listed in Subsections <xref depth="4" refnumber="76-3-203.5(1)(c)(i)(A)" start="0">76-3-203.5(1)(c)(i)(A)</xref> through <xref depth="4" refnumber="76-3-203.5(1)(c)(i)(CC)" start="0">(CC)</xref> may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date;</subsection><subsection number="76-1-302(2)(a)(ii)">an offense of forcible sexual abuse, as described in Section <xref depth="3" refnumber="76-5-404">76-5-404</xref>, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency;</subsection><subsection number="76-1-302(2)(a)(iii)">an offense of incest, as described in Section <xref depth="3" refnumber="76-7-102">76-7-102</xref>, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency;</subsection><subsection number="76-1-302(2)(a)(iv)">an offense of unlawfully marrying a minor, as described in Section <xref depth="3" refnumber="76-7-105">76-7-105</xref>, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old;</subsection><subsection number="76-1-302(2)(a)(v)">an offense of transporting a minor out of state for an illegal marriage, as described in Section <xref depth="3" refnumber="76-7-109">76-7-109</xref>, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old; and</subsection><subsection number="76-1-302(2)(a)(vi)">an offense of traveling out of state to marry a minor, as described in Section <xref depth="3" refnumber="76-7-110">76-7-110</xref>, shall be commenced within 15 years after the day on which a minor to the marriage turns 18 years old.</subsection></subsection><subsection number="76-1-302(2)(b)">Subsection <xref depth="4" refnumber="76-1-302(2)(a)(i)">(2)(a)(i)</xref> does not apply if the statute of limitations on the offense has run as of May 5, 2003, and no charges have been filed.</subsection></subsection><subsection number="76-1-302(3)">If the statute of limitations would have run but for the provisions of Subsection <xref depth="4" refnumber="76-1-302(2)(a)(i)">(2)(a)(i)</xref> and identification of a perpetrator is made through DNA, a prosecution shall be commenced within four years of confirmation of the identity of the perpetrator.</subsection><subsection number="76-1-302(4)">A prosecution is commenced upon:<subsection number="76-1-302(4)(a)">the finding and filing of an indictment by a grand jury;</subsection><subsection number="76-1-302(4)(b)">the filing of a complaint or information; or</subsection><subsection number="76-1-302(4)(c)">the issuance of a citation.</subsection></subsection></section>