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What Is the Statute of Limitations in Utah?
In Utah, a statute of limitations sets the maximum time to initiate civil lawsuits or file criminal charges after a particular event or incident. Once this deadline expires, the court dismisses the specific case, regardless of the strength of the evidence against the defendant or suspect.
Utah's law establishes these deadlines for case filings to ensure fairness in legal trials. A statute of limitations ensures that:
- Evidence is preserved
- Witnesses' recollections of events crucial to case trials do not fade.
- Defendants or the accused do not live indefinitely under threat of prosecution.
How Long Is the Statute of Limitations in Utah?
The time limit for filing a lawsuit in Utah depends on the type and severity of the specific case. In Utah, the statute of limitations for civil cases typically ranges between 1 and 6 years. For instance, Utah allows 1 year for libel and slander, but 4 years for personal injury lawsuits.
In comparison, the statute of limitations for criminal offenses in Utah ranges from 1 year to indefinitely. Prosecutors in Utah must file charges for infractions within 1 year, and any misdemeanor other than negligent homicide has a 2-year statute of limitations. Crimes such as aggravated murder, sexual abuse of a child, and forcible sodomy do not have a statute of limitations.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 2 years | Although the general limit for misdemeanors is 2 years, the statute may be tolled (paused) if: The offender is outside Utah There is concealment of the crime The victim is a minor or legally incapacitated (this may lead to an extension). Additionally, special statutory exceptions may override the standard 2-year time limit. For instance, the limitations for environmental or regulatory violations may extend beyond 2 years. Also, sexual offenses against minors may attract longer statutes or be elevated to no limit statutes |
| Felony | 4 years to indefinitely | The statute of limitations for a felony depends on the specific crime. For example, sexual assault against adults has an 8-year limitation period for prosecutors to file criminal charges. The statute of limitations is tolled if there is concealment of the crime or if a suspect intentionally hides to avoid prosecution. In addition, serious felonies such as murder, manslaughter, and sexual crimes against children have no statute of limitations and may be prosecuted at any time |
| Infractions | 1 year | Typically, the prosecution must bring an infraction offense in Utah within one year. However, the statute of limitations will pause if the accused is outside Utah or conceals the offense. Additionally, the limitation period begins when the authorities discover the offense. If the suspect is a habitual offender, the statute of limitations may also reset each day the violation continues |
| Civil Statutes | 2 to 8 years | In Utah, the statute of limitations for a civil statute may be tolled if: The defendant is outside the state The victim is a minor (the clock starts when they turn 18) The person is mentally incompetent. Additionally, the discovery rule applies. This means that the limitations period will commence when the incident is discovered. Furthermore, written waivers or agreements may shorten or extend the statute of limitations. |
What Crimes Have No Statute of Limitations in Utah
Utah considers certain crimes as serious and does not assign them a statute of limitations. These crimes may be prosecuted at any time in Utah, regardless of the years that have elapsed. The reasons for designating certain crimes as no statute of limitations offenses are to:
- Preserve justice and serve as a deterrent
- Ensure offenders bear the moral weight for their crimes
- Protect victims and ensure offenders face the consequences for their crimes.
Under Section 76-1-301 of the Utah Code, crimes with no statute of limitations in Utah include:
- Murder
- Aggravated manslaughter
- Child rape
- Aggravated child sexual abuse
- Child kidnapping
- Human trafficking of a child.
Criminal Statute of Limitations in Utah
The criminal statute of limitations in Utah sets the time limits for prosecutors to file charges against suspects after a crime occurs within the state. Once this period expires, the court will entertain the specific case. The statute of limitations for misdemeanors differs from the time limits in Utah. Regardless, the clock pauses for either crime type if the offender is outside Utah or the offense was not discoverable at the time of the incident.
In Utah, the statute of limitations for Class A, B, and C misdemeanors falls within 2 years from the date of the offense. However, misdemeanor statutes in Utah may extend up to 4 years if there is concealment or the offense is elevated to a felony.
Felony time limits in Utah range from 4 years to no statute of limitations designation. For instance, while the statute of limitations for felonies such as burglary, robbery, fraud, or forgery has a 4-year statute of limitations, crimes like murder, aggravated sexual abuse of a child, and child kidnapping have no statute of limitations.
| Crime Type | Examples | Statute of Limitations | Notes |
|---|---|---|---|
| Class A, B, and C Misdemeanors | Simple assault Petty theft Trespass Disorderly conduct | 2 years | Applies to all classes of misdemeanors |
| Most Felonies | Burglary Robbery Aggravated assault Felony theft Fraud Drug felonies | 4 years | The limitation period for fraud/embezzlement starts from the time of discovery if there is concealment |
| Sexual Offenses Against Adults | Rape Sexual abuse Object rape | 8 years | Under Utah Code § 76-1-302.5, the limitation period may extend if DNA evidence identifies the offender after the statute of limitations expires |
| Murder or aggravated murder | Homicide cases | No statute of limitations | Always prosecutable regardless of elapsed time |
| Crimes Against Children | Rape of a child Aggravated sexual abuse of a child Object rape of a minor Child kidnapping Child trafficking | No time limit | Prosecution may occur at any time |
Is There a Statute of Limitations on Attempted Murder?
Yes, attempted murder has a statute of limitations on attempted murder in Utah. In Utah, attempted murder is a first-degree felony. The statute of limitations for attempted murder in Utah is 4 years.
However, how long someone may be charged with attempted murder in Utah depends on the outcome of the incident. If an attempted murder later leads to the death of the victim, prosecutors may elevate it to homicide or manslaughter, resulting in no statute of limitations designation.
Generally, prosecutors in Utah must file charges for attempted murder within 4 years. Nonetheless, there may be extensions if:
- DNA evidence later identifies a suspect
- The accused leaves Utah (the statute of limitations will be tolled)
- The offense is against children or relates to sexual crimes.
By comparison, murder and aggravated murder do not have statute limits; prosecutors may file charges at any time.
Statute of Limitations on Sexual Assault in Utah
The limitation period for filing sexual abuse claims in Utah may depend on the victim's age. Typically, the timeframe for filing sexual abuse claims in Utah is 8 years (unless DNA evidence identifies the suspect later)
However, according to Utah Code § 76-1-301 and § 76-1-302, there is no rape reporting deadline in Utah regardless of the victim's age. Prosecutors may file charges at any time.
In Utah, sexual assault offenses that have no statute of limitations include:
- Rape (against adults)
- Rape of a child
- Forcible sodomy and sodomy of a child
- Sexual abuse of a child
- Aggravated sexual assault
- Aggravated sexual abuse of a child.
Furthermore, the statute of limitations for civil claims by child victims ranges from 35 years after the victim turns 18 to indefinitely. Recent updates and legislative efforts (such as Utah's 2024 bill HB0196S01) reflect ongoing efforts to reinforce or expand options to allow victims to seek civil remedies even decades after these crimes.
Civil Statute of Limitations in Utah
Civil statute of limitations in Utah refers to the timeline for filing lawsuits in the state. In most cases, missing the deadline may result in losing the right to sue. The answer to the question “how long do you have to die in Utah” may be case-specific. Typically, civil lawsuit deadlines in Utah range from 1 year for defamation to 4 years for certain product liability incidents. However, the courts may make exceptions if:
- The victim is a minor
- There is fraudulent concealment
- The defendant leaves Utah.
The table outlines the statute of limitations for some common civil claims.
| Claim Type | Statute of Limitations | Examples |
|---|---|---|
| Personal Injury | 4 years | Injury resulting from: Car accident Slip and fall Medical negligence |
| Breach of Written Contract | 6 years | An individual fails to deliver on a signed agreement |
| Property Damage | 3 years | Someone crashes into a gate or collides with a car |
| Breach of Oral Contract | 4 years | Verbal agreement for loan repayment |
| Defamation | 1 year | Making false statements that may damage reputation |
| Wrongful Death | 2 years | Causing the death of another person due to negligence |
| Fraud | 3 years | Embezzling funds (the statute of limitations starts from the time of discovery) |
| Product Liability | 2 to 4 years | Injuries due to defective products |
| Medical Malpractice | 2 years | Death or injury due to wrong diagnosis or prescriptions. |
| Written Contract | 6 years | Unilaterally withdrawing from a signed agreement without a valid legal reason. |
Statute of Limitations for Medical Malpractice in Utah
Factors that determine the medical malpractice statute of limitations in Utah vary. How long to sue a doctor in Utah may depend on:
- The date of the malpractice
- Time of discovery of the injury
- Age of the victim at the time of the incident.
Typically, the medical claims deadline in Utah is 2 years. However, the state's Discovery Rule means that malpractice claim deadlines in Utah do not always begin from the date of the misconduct. Nonetheless, Utah's Statute of Repose imposes a 4-year absolute deadline from the date of the malpractice. After this period, the victim cannot file lawsuits against the health provider.
In Utah, the law requires a victim to file a Notice of Intent to Commence Action with the healthcare provider at least 90 days before suing for medical malpractice.
The table provides examples of common types of medical malpractice.
| Type of Malpractice | Example |
|---|---|
| Birth Injuries | Negligence during labor or delivery |
| Misdiagnosis/Failure to Diagnose | A delayed or wrong diagnosis may result in severe consequences |
| Surgical Errors | Operating on the wrong side of the body or leaving tools inside the body |
| Anesthesia Errors | Anesthesia mismanagement leading to complications |
| Medication Errors | Prescribing the wrong drugs or dosages. |
Statute of Limitations for Debt in Utah
The debt statute of limitations in Utah is the legal deadline for creditors to sue their debtors for unpaid debts within the state. If these timelines expire, creditors may no longer enforce payments through the courts.
How long debt may be collected in Utah depends on the type of debt, but ranges between 4 and 8 years. For instance, credit card issuing companies have a 6-year deadline from the date of default to sue for unpaid credit card debt in Utah, while the statute of limitations for oral contracts is 4 years. Notwithstanding, most debts stay on the debtor’s credit reports for 7 years after the expiration of their statute of limitations.
In Utah, making a payment, agreeing to pay, or acknowledging a debt in writing may reset the statute of limitations for the debt.
| Type of Debt | Statute of Limitations |
|---|---|
| Credit Card Debt | 4 years |
| Medical Bills | 6 years |
| Auto Loans | 6 years |
| Oral Contract | 4 years |
| Personal Loans | 6 years |
| Judgments (court-ordered debt) | 8 years. |
Statute of Limitations for Child Abuse and Child Support in Utah
Utah considers child abuse and sexual abuse of minors as serious crimes, and this is reflected in its statute of limitations. Utah classifies child abuse as a criminal felony if it relates to serious physical injury, death of a child, or sexual abuse or exploitation. However, charges against offenders may depend on the severity of harm and intent.
In Utah, there is no statute of limitations for child abuse cases like child rape, aggravated sexual abuse, or sexual exploitation of a minor. However, victims have four years from their 18th birthday to file a civil lawsuit against abusers and institutions that enabled the abuse.
Similar to child abuse, Utah has no statute of limitations for the payment of child support. This means that a parent may seek child support enforcement in Utah even after the child is 18. According to Utah Code §78B-12, an obligee may seek child support enforcement in Utah until the obligor pays in full.
The agency responsible for child support enforcement in Utah is the Office of Recovery Services (ORS). The ORS enforcement tools include:
- Bank account garnishments and levies
- Interception of federal and state tax refunds
- Reporting unpaid child support to credit bureaus
- Placing liens on the obligor's property
- Suspending or revoking passports for arrears of $5,000 or more
- Referring to the case for criminal nonsupport prosecution.
Additionally, under the Bradley Amendment (a federal law), past-due child support automatically becomes a perpetual lien on the debtor.