76-1-303. Time limitations for fraud or breach of fiduciary obligation -- Misconduct of public officer or employee.

185 words·~1 min read·/ut/title-76/chapter-1/76-1-303

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

(1)If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report of the offense has been filed with a law enforcement agency.

(2)Subsection

(1)may not extend the period of limitation as provided in Section 76-1-302 by more than three years.

(3)If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a prosecution may be commenced for:

(a)any offense based upon misconduct in office by a public officer or public employee:

(i)at any time during which the defendant holds a public office or during the period of his public employment; or

(ii)within two years after termination of defendant's public office or public employment.

(b)Except as provided in Section 76-1-301.5 , Subsection

(3)shall not extend the period of limitation otherwise applicable by more than three years.

Amended by Chapter 145 , 2009 General Session