Utah Code

Utah Code § 61-1-21.1 (2026)

Limitation of prosecutions

✓ current as of May 2026
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An indictment or information may not be returned or civil complaint filed under this chapter more than five years after the alleged violation.
An administrative action filed under this chapter may be commenced within 10 years after the violation occurs.
When a violation is based on a series of acts or continuing course of business, the conduct may be considered as one continuing offense and the period of limitation described in Subsection (1) or (2) does not begin to run until the last act in the series of acts or course of business is completed.
As to causes of action arising from violations of this chapter, the limitation of prosecutions provided in this section supersedes the limitation of actions provided in Section 76-1-302 and Title 78B, Chapter 2, Statutes of Limitations.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2015–2023 · leading case: Morgan v. Dep't of Com., 2017 UT App 225 (Utah Ct. App. 2017).
Morgan v. Dep't of Com., 2017 UT App 225 (Utah Ct. App. 2017). · cites it 15× “¶ 12 ; see generally Utah Code Ann. § 61-1-21.1 (LexisNexis 2011).”
Phillips v. Dep't of Com., Div. of Sec., 2017 UT App 84 (Utah Ct. App. 2017). · cites it 7× “” Utah Code Ann. § 61-1-21.1 (1) (LexisNexis 2011).”
State v. Taylor, 2015 UT 42 (Utah 2015). · cites it 3× “In the case of the generally-applicable statutes of limitations, the Legislature has provided a safety valve for undiscovered fraud offenses that extends the limitations period for up to three years so long as the prosecution is commenced within one year of the fraud being…”
Grillone v. Peace Officer Standards, 2023 UT App 35 (Utah Ct. App. 2023). “§ 61-1-21.1(2) (2018). These statutes expressly impose a statute of limitations on administrative proceedings either by incorporating a statute of limitations found in Title 78B Chapter 2 or by creating an entirely new statute of limitations.”
— Utah Code § 61-1-21.1(1) — 2 cases
Phillips v. Dep't of Com., Div. of Sec., 2017 UT App 84 (Utah Ct. App. 2017). “” Utah Code Ann. § 61-1-21.1 (1) (LexisNexis 2011).”
State v. Taylor, 2015 UT 42 (Utah 2015). “In the case of the generally-applicable statutes of limitations, the Legislature has provided a safety valve for undiscovered fraud offenses that extends the limitations period for up to three years so long as the prosecution is commenced within one year of the fraud being…”
— Utah Code § 61-1-21.1(2) — 1 case
Grillone v. Peace Officer Standards, 2023 UT App 35 (Utah Ct. App. 2023). “§ 61-1-21.1(2) (2018). These statutes expressly impose a statute of limitations on administrative proceedings either by incorporating a statute of limitations found in Title 78B Chapter 2 or by creating an entirely new statute of limitations.”
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