Utah Criminal Statute of Limitations

Prosecutors usually have a limited amount of time to charge someone with a crime. Failing to file charges within the time limits—called "statutes of limitations"—can result in the case being dismissed. Read below to find out about Utah's statutes of limitations for several types of crimes.

What Are Criminal Statutes of Limitations?

Statutes of limitations set time limits for the government to bring criminal charges in a case. Say someone commits felony theft (which has a 4-year statute of limitations) on January 1, 2025. The prosecutor would generally need to file charges by January 1, 2029. If the prosecution charges someone after the applicable time period has passed, the person could ask the judge to dismiss those charges.

How Long After a Crime Can Charges Be Filed in Utah?

In Utah and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.

Utah's Statutes of Limitations for Felonies, Misdemeanors, and Infractions

Like many states, Utah’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

• 4 years for felony offenses
• 2 years for misdemeanors, and
• 1 year for infractions.

(Utah Code § 76-1-302 (2026).)

Utah's Statutes of Limitations for Specific Crimes

Below are examples of time limits for specific crimes in Utah. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances, exceptions, and legislative changes—and know that court rulings can affect the interpretation of the law.

(Utah Code §§ 76-1-301 to 76-1-305 (2026).)

When Do Criminal Statutes of Limitations Start in Utah?

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock.

DNA Evidence

For instance, Utah’s law allows charges for violent felonies to be brought at any time when DNA evidence was collected that could identify the suspect at a later date. A prosecutor must bring charges within four years of confirming the suspect’s identity if the time limit would have run without the DNA exception.

Fraud and Misconduct

If a crime involves fraud, breach of fiduciary duty, or misconduct in public office, the limitations period can be extended up to three years under certain circumstances.

Evading (Avoiding) Arrest

Also, if a person tries to “evade” (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. The statute of limitations is tolled during any period the defendant is out of the state.

(Utah Code §§ 76-1-301 to 76-1-305 (2026).)

Time to Talk to a Lawyer

Statutes of limitations are confusing, to say the least. Plus, the same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.