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Code · Utah · Title 77 — Utah Code of Criminal Procedure · Chapter 2

77-2-2.3. Reducing the level of an offense.

357 words·~2 min read·/ut/title-77/chapter-2/77-2-2-3

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

Effective 5/7/2025
77-2-2.3. Reducing the level of an offense.
(1)Subject to Subsection
(2)and notwithstanding any other provision of law, if a prosecuting attorney determines that it is in the interests of justice, the prosecuting attorney may:
(a)present and file an information charging an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2) , or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in the applicable section; or
(b)subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2) , or Section 76-3-104 with a classification of the offense at one degree lower than the classification that is provided in the applicable section.
(2)If the offense the prosecuting attorney is seeking to lower by one degree, either by information or plea agreement under Subsection (1)(a) or
(b), is an offense listed in Subsection 76-3-406(2) , the prosecuting attorney shall, on the record, state that it is in the interests of justice to lower the offense by one degree.
(3)A court may:
(a)enter a judgment of conviction for an offense filed under Subsection
(1)at one degree lower than classified in the applicable section; and
(b)impose a sentence for the offense filed under Subsection
(1)at one degree lower than classified in the applicable section.
(4)A conviction of an offense at one degree lower than classified in the applicable section under Subsection
(3)does not affect the requirements for registration of the offense under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of a registrable offense described in Section 53-29-202 .
(5)This section does not preclude an individual from obtaining and being granted an expungement for the individual's record in accordance with Title 77, Chapter 40a, Expungement of Criminal Records.
Amended by Chapter 193 , 2025 General Session
Amended by Chapter 291 , 2025 General Session
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