Whenever a defendant is charged with an offense for which the period of limitations has not run and the defendant should be found guilty of a lesser offense for which the period of limitations has run, the finding of the lesser and included offense against which the statute of limitations has run shall not be a bar to punishment for the lesser offense.
Utah Code § 76-1-305
Lesser included offense for which period of limitations has run
Applied in 3 court decisions — leading case State v. N.S. (2000)
Most recently applied in Commonwealth v. Shelley (August 2017)
Enacted by Chapter 196, 1973 General Session
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.