76-1-202. Venue for a criminal action.

762 words·~3 min read·/ut/title-76/chapter-1/76-1-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section, "body of water" includes any stream, river, lake, or reservoir, whether natural or man-made.

(2)A criminal action shall be tried in the county, judicial district, or precinct in which the offense is alleged to have been committed.

(a)In determining the proper place of trial for a criminal action, this Subsection

(3)shall apply.

(b)If the commission of an offense commenced outside the state is consummated within this state, the actor shall be tried in the county in which the offense is consummated.

(c)When conduct constituting elements of an offense or results that constitute elements, whether the conduct or result constituting elements is in itself unlawful, shall occur in two or more counties, trial of the offense may be held in any of the counties concerned.

(d)If an actor committing an offense upon a person is located in one county and the person is located in another county at the time of the commission of the offense, the trial may be held in either county.

(e)If a cause of death is inflicted in one county and death ensues in another county, the actor may be tried in either county.

(f)An actor who commits an inchoate offense may be tried in any county in which any act that is an element of the offense, including the agreement in conspiracy, is committed.

(g)If an actor in one county solicits, aids, abets, agrees, or attempts to aid another in the planning or commission of an offense in another county, the actor may be tried for the offense in either county.

(i)If an offense is committed within this state and it cannot be readily determined in which county or judicial district the offense occurred, this Subsection (3)(h) shall apply.

(ii)If an offense is committed upon any railroad car, vehicle, watercraft, or aircraft passing within this state, the actor may be tried in any county through which such railroad car, vehicle, watercraft, or aircraft has passed.

(iii)If an offense is committed on any body of water bordering on or within this state, the actor may be tried in any county adjacent to the body of water.

(iv)An actor who commits theft may be tried in any county in which the actor exerts control over the property affected.

(v)If an offense is committed on or near the boundary of two or more counties, the trial of the offense may be held in any of such counties.

(vi)For any other offense, the trial may be held in the county in which the actor resides, or, if the actor has no fixed residence, in the county in which the actor is apprehended or to which the actor is extradited.

(i)An actor who commits an offense based on Chapter 6, Part 11, Identity Fraud Act, may be tried in the county:

(i)where the victim's personal identifying information was obtained;

(ii)where the actor used or attempted to use the personally identifying information;

(iii)where the victim of the identity fraud resides or is found; or

(iv)if multiple offenses of identity fraud occur in multiple jurisdictions, in any county where the victim's identity was used or obtained, or where the victim resides or is found.

(j)For the purpose of establishing venue for a violation of Section 53-29-304 concerning sex offender, kidnap offender, or child abuse offender registration, the offense is considered to be committed:

(i)at the most recent registered primary residence of the offender, if the actual location of the offender at the time of the violation is not known; or

(ii)at the location of the offender at the time the offender is apprehended.

(a)A criminal action for multiple offenses may be tried in any county or precinct within a judicial district if:

(i)the offenses were committed within the judicial district;

(ii)the offenses may be joined in the same information or indictment under Section 77-8a-1 ; and

(iii)the prosecuting agencies for the jurisdictions in which any of the offenses were committed consent to the place of trial.

(b)A criminal action for multiple offenses shall be tried in any county or precinct within a judicial district if:

(i)the offenses were committed within the judicial district; and

(ii)the prosecution meets the requirements of Section 76-1-402 .

(5)All objections of improper place of trial are waived by a defendant unless made before trial.

Amended by Chapter 377 , 2026 General Session