Utah Criminal Statute of Limitations Laws
Posted by Tamara
There have been some recent changes to the Utah criminal statute of limitations laws. The statute of limitations has been extended in cases involving DNA identification of suspects. The new laws are meant to correct wrongful convictions, as well as protect victim’s rights.
Under the Utah criminal statute of limitations laws, the statute of limitations for sexual assault, or rape, is ten years. Under the new statute, there is no statute of limitations for crimes including rape where there is DNA evidence to identify the suspect. In general, the statute of limitations is 4 years after a felony is committed. In addition, the statute of limitations may be extended for 4 years in certain cases involving sex crimes against children. For a misdemeanor other than negligent homicide, the statute of limitations in Utah is 2 years.
Under the current law, a person convicted of a felony may file a petition for post-conviction DNA testing at any time, if the person asserts his or her innocence under oath. A few conditions must be met, including:
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Evidence has been obtained regarding the person’s case, which is still in existence and is in a condition that allows DNA testing to be conducted; and the chain of custody is sufficient to establish that the evidence has not been altered in any material aspect
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The person identifies the specific evidence to be tested and states a theory of defense, not inconsistent with theories previously asserted at trial, that the requested DNA testing would support
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The evidence was not previously subjected to DNA testing, or if the evidence was tested previously, the evidence was not subjected to the testing that is now requested, and the new testing may resolve an issue not resolved by the prior testing;
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The evidence that is the subject of the request for testing has the potential to produce new evidence that will establish the person’s actual innocence; and
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Under the current law, crime victims who wish to do so, may be informed of the convict’s request for DNA testing in the case.
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