Utah Code

Utah Code § 77-2-9 (2026)

Offenses ineligible for diversion

✓ current as of May 2026

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1/1/2027

A magistrate may not grant a diversion for:

a capital felony;

a felony in the first degree;

any case involving a sexual offense against a victim who is under 14 years old;

any motor vehicle related offense involving alcohol or drugs;

any case involving using a motor vehicle in the commission of a felony;

driving a motor vehicle or commercial motor vehicle on a revoked or suspended license;

any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:

manslaughter under Section 76-5-205; or

negligent homicide under Section 76-5-206; or

a crime of domestic violence as defined in Section 77-36-1.

When an individual is alleged to have committed any violation of Title 76, Chapter 5, Part 4, Sexual Offenses, while the individual is under 16 years old, the court may enter a diversion in the matter if the court enters on the record the court's findings that:

the offenses could have been adjudicated in juvenile court but for the delayed reporting or delayed filing of the information in the district court, unless the offenses are before the court in accordance with Section 80-6-502 or 80-6-504;

the individual did not use coercion or force;

there is no more than three years' difference between the ages of the participants; and

it would be in the best interest of the person to grant diversion.

Notes of Decisions

Cited in 6 cases, 1989–2015 · leading case: State v. Ramsey, 782 P.2d 480 (Utah 1989).

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State v. Ramsey, 782 P.2d 480 (Utah 1989). · cites it 4× “Utah Code Ann. § 77-2-9 (Supp. 1989). Because the agreement between defendant and the prosecutor was not in writing or filed with or approved by the court, and because it involved a case of sexual abuse of children under fourteen, the agreement, if made, was invalid and…”

State ex rel. Z.C., 165 P.3d 1206 (Utah 2007). · cites it 4× “166, § 1 (codified as amended at Utah Code Ann. § 77-2-9 (2) (Supp.2006)).”

In re T.S., 2015 UT App 307 (Utah Ct. App. 2015). · cites it 4× “9 See Utah Code Ann. § 77-2-9 (2) (LexisNexis 2012).”

State Ex Rel. Zc, 2007 UT 54 (Utah 2007). · cites it 5× “166, § 1 (codified as amended at Utah Code Ann. § 77-2-9 (2) (Supp.2006)).”

T.S. v. State, 365 P.3d 1221 (Utah Ct. App. 2015). · cites it 4× “9 *1227 See Utah Code Ann. § 77-2-9 (2) (LexisNexis 2012).”

— Utah Code § 77-2-9(2) — 1 case

State Ex Rel. Zc, 2007 UT 54 (Utah 2007). “166, § 1 (codified as amended at Utah Code Ann. § 77-2-9 (2) (Supp.2006)).”

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