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S.B. 177 Enrolled
LONG TITLE
General Description:
This bill amends the Criminal Code statute of limitations to allow prosecution for rape
and other listed sexual offenses within eight years after the offense is committed under
specified circumstances.
Highlighted Provisions:
This bill:
. increases the statute of limitations for rape, object rape, forcible sodomy, forcible
sexual abuse, and aggravated sexual assault from four years to eight years if the
offense is reported to law enforcement within four years after the offense is
committed.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-1-302, as last amended by Chapter 61, Laws of Utah 2003
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-1-302 is amended to read:
76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA
evidence would identify the defendant -- Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced within four years after it is
committed[
within eight years after the offense is committed, if within four years after its commission the
offense is reported to a law enforcement agency;
(b) a misdemeanor other than negligent homicide shall be commenced within two years
after it is committed; and
(c) any infraction shall be commenced within one year after it is committed.
(2) Offenses referred to in Subsection (1) are:
(a) rape under Section 76-5-402 ;
(b) object rape under Section 76-5-402.2 ;
(c) forcible sodomy under Subsection 76-5-403 (2);
(d) forcible sexual abuse under Section 76-5-404 ; and
(e) aggravated sexual assault under Section 76-5-405 .
[
Subsections 76-3-203.5 (1)(c)(i)(A) through (P) 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.
(b) Subsection [
as of May 5, 2003, and no charges have been filed.
[
[
commenced within one year of the discovery of the identity of the perpetrator.
[
grand jury or upon the filing of a complaint or information.
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