Why the Trial Court Step Matters
In Utah, the statute of limitations is treated as a defense that must be asserted — it isn’t something an appellate court usually corrects on its own if it was not addressed earlier. The trial court must have the opportunity to hear the argument: when the clock began, whether any tolling applies, and whether the prosecution’s filing was timely. If the defense waits until the appeal to bring up the issue, most appellate courts will decline to review it.
Utah’s Criminal Statutes of Limitations: The Basics and Key Exceptions
Under Utah law, many—but not all—crimes are subject to time-limits for filing charges. Most statutes of limitations range from 1 to 8 years, and some serious offenses have no limitation at all.
Here’s a breakdown:
- Most felonies: Generally, a prosecution must be commenced within 4 years of the offense.
- Most misdemeanors: The limitation period is generally 2 years.
- Infractions: Often subject to a 1-year limitation.
Key exceptions:
- Certain crimes invoke a 10-year limitation: for example, a felony violation of unlawful sexual conduct with a minor under Utah Code 76-1-301.1 begins when the victim turns 18.
- Some offenses invoke an 8-year limitation if reported within a certain time frame: e.g., forcible sexual abuse or incest may be filed within 8 years if reported within 4 years of commission.
- No limitation at all: Under Utah Code 76-1-301(2), prosecution may be commenced at any time for serious offenses, including capital felony, aggravated murder, murder, manslaughter, child-abuse homicide, certain kidnappings, rape (adult and child), and other serious sexual crimes.
Tolling, Triggers, and When the Clock Starts
It is not enough to know “4 years” or “2 years.”
- The clock may begin at the date the crime was committed, or in some cases, when the harm was discovered or reported to police or authorities (especially in sexual‐abuse cases).
- The clock may be paused or tolled under certain circumstances: e.g., when the defendant leaves Utah after the offense (the limitation does not run during that time) under Utah Code 76-1-304.
- DNA evidence and later identification of the perpetrator may alter the period.
Because of these many variations, the “general rule” periods are just starting points—not safe assumptions.
What Happens If the Issue Is Not Raised Before Trial?
If defense counsel neglects to raise the issue of dismissal based on a statute of limitations defense in the district court, appellate courts in Utah typically treat the issue as forfeited or waived. If the trial court did not have an opportunity to address the timing, tolling, and triggering of the clock, the appellate court will often decline to reweigh those factual and procedural matters.
Bottom Line
For a person facing criminal charges in Utah, the takeaway is simple: raise the statute of limitations defense as early as possible in the trial court. Waiting until the appeal may mean the door is closed. Given the variety of deadlines, exceptions, tolling scenarios, and “no limitation” categories, it is wise to consult an attorney who understands Utah’s statutes of limitation and how they apply in your specific case.