Utah Criminal Statute of Limitations Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 28, 2025

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Every crime has a time limit on how long criminal prosecutors have to file charges and possibly conduct a trial based on evidence gathered by the police. These time limits vary depending on the type of crime, and prosecutors have more time to file serious felony charges than for less serious misdemeanor charges. This is an introduction to criminal statutes of limitations laws in Utah.

If someone has charged you with a crime, hire a criminal defense lawyer right away.

When Does a Statute of Limitations Begin?

Statutes of limitations try to ensure timely criminal trials that are fair and based on the best possible evidence. Because physical evidence of a crime (like fingerprints and DNA) and testimonial evidence (like officer statements and eyewitness accounts) can degrade or disappear over time, the sooner the evidence can appear at trial, the better. Statutes of limitations encourage prosecutors to bring cases to trial sooner rather than later.

Under most state laws, the statutory clock on criminal charges runs while the alleged perpetrator remains in the state where the crime happened. If the suspect is outside the state, the clock will pause, then resume when the suspect reenters the state. This is to prevent criminals from avoiding prosecution for serious crimes by running, hiding, and trying to wait out the authorities.

Criminal Statutes of Limitation in Utah

The table below lists Utah's criminal statutes of limitations and the time limits associated with each crime.

Code sections

Utah Code 76-1-301, et seq.
Felonies
  • Capital felony: No time limit.
  • Aggravated murder: None.
  • Murder: None.
  • Manslaughter: None.
  • Child abuse homicide: None.
  • Aggravated kidnapping: None.
  • Child kidnapping: None.
  • Rape: None.
  • Rape of a child: None.
  • Object rape: None.
  • Object rape of a child: None.
  • Forcible sodomy: None.
  • Sodomy on a child: None.
  • Sexual abuse of a child: None.
  • Aggravated sexual abuse of a child: None.
  • Aggravated sexual assault: None.
  • Any predicate offense to murder or an aggravating offense to an aggravated murder: None.
  • Aggravated human trafficking or aggravated human smuggling in violation of Section 76-5-310: None.
  • Aggravated exploitation of prostitution involving a child, under Section 76-10-1306: None.
  • Human trafficking of a child, under Section 76-5-308.5: None.
  • Unlawful sexual activity with a minor: 10 years from when the victim turns 18.
  • Any felony or negligent homicide with DNA that would identify defendant: Four years, but if prosecution is for forcible sexual abuse or incest then eight years after offense is committed or four years if reported to law enforcement agency.
  • Misuse of public money, falsification or alteration of government records, and bribery: Two years after prosecutor becomes aware of offense.
  • Fraud or breach of fiduciary obligation or misconduct of public officer or employee: One year after offense has been filed with a law enforcement agency and can't be extended more than three years.
Misdemeanors
  • Any misdemeanor other than negligent homicide: Two years.
  • Any infractions: One year.
Crimes against children
  • Child abuse homicide: None.
  • Child kidnapping: None.
  • Rape of a child: None.
  • Object rape of a child: None.
  • Sodomy on a child: None.
  • Sexual abuse of a child: None.
  • Aggravated sexual abuse of a child: None.
  • Aggravated exploitation of prostitution involving a child, under Section 76-10-1306: None.
  • Human trafficking of a child, under Section 76-5-308.5: None.
  • Unlawful sexual activity with a minor: 10 years from when the victim turns 18.
Acts during which statute does not run

Statute of limitations does not run against a defendant when out of state.
Other

Prosecution of violent felonies according to 76-3-203.5(1)(c)(i)(A) through (BB) have no time limit 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.


Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Advice on Utah's Criminal Statute of Limitations Laws

Any criminal charge is a serious matter. If you need legal help with a criminal charge, hire a Utah criminal defense attorney. You can also find more articles and information by visiting FindLaw's section on Criminal Law Basics.

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