Public-domain · open source
OpenJurist

Utah Code § 76-1-404

Concurrent jurisdiction -- Prosecution in other jurisdiction barring prosecution in state

Applied in 4 court decisions — leading case 55 Cal. 4th 816 - People v. Homick (2012)

Most recently applied in State v. Morris (July 2017)

Enacted by Chapter 196, 1973 General Session

How often courts cite this section

1983199020002010201720
citing decisions per year

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.

If a defendant's conduct establishes the commission of one or more offenses within the concurrent jurisdiction of this state and of another jurisdiction, federal or state, the prosecution in the other jurisdiction is a bar to a subsequent prosecution in this state if:

(1) the former prosecution resulted in an acquittal, conviction, or termination of prosecution, as those terms are defined in Section 76-1-403; and

(2) the subsequent prosecution is for the same offense or offenses.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.