Utah Code
Utah Code § 77-38b-205 (2026)
Order for restitution
✓ current as of May 2026
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If a defendant is convicted, as defined in Section 76-3-201, the court shall order a defendant, as part of the sentence imposed under Section 76-3-201, to pay restitution to all victims:
in accordance with the terms of any plea agreement in the case; or
for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
If a court enters a plea in abeyance or a diversion agreement for a defendant that includes an agreement to pay restitution, the court shall order the defendant to pay restitution to all victims:
in accordance with the terms of the plea in abeyance or the diversion agreement; or
if the terms of the plea in abeyance include an agreement between the parties that restitution will be determined by the court as described in Section 77-2a-3, for the entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.
Except as provided in Subsection (2)(b), in determining the amount of pecuniary damages under Subsection (1)(a)(ii) or (b)(ii), the court shall consider all relevant facts to establish an amount that fully compensates a victim for all pecuniary damages proximately caused by the criminal conduct of the defendant.
If the court determines that the defendant owes pecuniary damages to a dependent for dependent support, the court shall establish the amount of dependent support owed to the dependent as described in Section 77-38b-206.
The court shall enter the determination of the amount of restitution under Subsection (1)(a)(ii) or (b)(ii) as a finding on the record.
Upon an order for a defendant to pay restitution under Subsection (1), the court shall:
enter an order to establish a criminal accounts receivable as described in Section 77-32b-103; and
establish a payment schedule for the criminal accounts receivable as described in Section 77-32b-103.
If the defendant objects to a request for restitution, the court shall allow the defendant to have a hearing on the issue, unless the issue is addressed at the sentencing hearing for the defendant.
If a court does not enter an order for restitution at sentencing, the court shall schedule a hearing to enter an order for restitution, unless:
the court finds as a matter of law that there is no victim in the case; or
the prosecuting attorney certifies to the court, on the record, that:
the prosecuting attorney has consulted with all victims, including the Office for Victims of Crime; and
all victims, including the Office for Victims of Crime, are not seeking restitution.
A court shall enter an order for restitution in a defendant's case no later than the earlier of:
the termination of the defendant's sentence, including early termination of the defendant's sentence; or
if the defendant is convicted and imprisoned for a first degree felony, within seven years after the day on which the court sentences the defendant for the first degree felony conviction; or
except as provided in Subsection (7)(a)(ii)(A), and if the defendant is convicted of a felony, within three years after the day on which the court sentences the defendant for the felony conviction.
If a court does not order restitution at sentencing or at a hearing described in Subsection (6), the prosecuting attorney or the victim may file a motion for restitution within the time periods described in Subsection (7).
If the defendant receives notice and does not object to a motion for restitution, the court may order restitution without a hearing.
If the defendant receives notice and objects to a motion for restitution, the court may schedule a hearing to determine whether restitution should be ordered if the prosecuting attorney or victim shows good cause.
Upon a motion from the prosecuting attorney or the victim within the time periods described in Subsection (7), the court may modify an existing order of restitution, including the amount of pecuniary damages owed by the defendant in the order for restitution, if the prosecuting attorney or the victim shows good cause for modifying the order.
Notes of Decisions
Cited in 11
cases (11 in the last 5 years), 2022–2026 · leading case: State v. Blake, 2022 UT App 104 (Utah Ct. App. 2022).
State v. Blake, 2022 UT App 104 (Utah Ct. App. 2022). “§ 77-38b-205 (Supp. 2021)); State v. Ogden, 2018 UT 8, ¶ 38 , 416 P.”
State v. Murray, 2023 UT App 52 (Utah Ct. App. 2023). “” Utah Code § 77-38b-205(1)(a) (2023). 20200890-CA 10 2023 UT App 52 State v.”
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
State v. Diderickson & Bruun, 2022 UT 2 (Utah 2022). “UTAH CODE § 77-38a-302(5) (2014), repealed by UTAH CODE § 77-38b-205. A settlement agreement that purports to resolve civil claims based upon criminal conduct can take several forms.”
State v. Blake, 2025 UT 21 (Utah 2025). “He asked that the court of appeals’ opinion become the final order on __________________________________________________________ 3 The restitution statutes no longer distinguish between complete restitution and court-ordered restitution.”
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
State v. Felts, 2024 UT 41 (Utah 2024). “Notably, the statutes governing district court orders for restitution and the Board’s authority do not contain any language expressly giving district courts that authority.”
State v. Curwick, 2026 UT App 90 (Utah Ct. App. 2026). “” 4 Utah Code § 77-38b-205(1)(a). In this context, “the proximate cause standard requires a showing that the crime, in a natural and continuous sequence, unbroken by any new cause, produced the injury and that the injury would not have occurred absent the crime.”
State v. Debrok, 2025 UT 40 (Utah 2025). “See generally UTAH CODE § 77-38b-205. These changes were made before Debrok’s sentencing.”
State v. Devore, 2026 UT App 33 (Utah Ct. App. 2026). “§ 77-38b-205(5)(a) (2023). Under the 2023 Act, a request for restitution “made within the time period described in Subsection (5)(a)” tolled the time within which the court was required to enter the restitution order.”
State v. Tuyisenge, 2026 UT App 61 (Utah Ct. App. 2026). “” Utah Code § 77-38b-205(1)(a). For purposes of the Act, pecuniary damages are defined as “all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred.”
— Utah Code § 77-38b-205(1) — 3 cases
State v. Blake, 2025 UT 21 (Utah 2025). “He asked that the court of appeals’ opinion become the final order on __________________________________________________________ 3 The restitution statutes no longer distinguish between complete restitution and court-ordered restitution.”
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(1)(a) — 4 cases
State v. Murray, 2023 UT App 52 (Utah Ct. App. 2023). “” Utah Code § 77-38b-205(1)(a) (2023). 20200890-CA 10 2023 UT App 52 State v.”
State v. Curwick, 2026 UT App 90 (Utah Ct. App. 2026). “” 4 Utah Code § 77-38b-205(1)(a). In this context, “the proximate cause standard requires a showing that the crime, in a natural and continuous sequence, unbroken by any new cause, produced the injury and that the injury would not have occurred absent the crime.”
State v. Debrok, 2025 UT 40 (Utah 2025). “See generally UTAH CODE § 77-38b-205. These changes were made before Debrok’s sentencing.”
State v. Tuyisenge, 2026 UT App 61 (Utah Ct. App. 2026). “” Utah Code § 77-38b-205(1)(a). For purposes of the Act, pecuniary damages are defined as “all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred.”
— Utah Code § 77-38b-205(1)(a)(i)(B) — 1 case
State v. Blake, 2022 UT App 104 (Utah Ct. App. 2022). “§ 77-38b-205 (Supp. 2021)); State v. Ogden, 2018 UT 8, ¶ 38 , 416 P.”
— Utah Code § 77-38b-205(1)(a)(ii) — 2 cases
State v. Murray, 2023 UT App 52 (Utah Ct. App. 2023). “” Utah Code § 77-38b-205(1)(a) (2023). 20200890-CA 10 2023 UT App 52 State v.”
State v. Debrok, 2025 UT 40 (Utah 2025). “See generally UTAH CODE § 77-38b-205. These changes were made before Debrok’s sentencing.”
— Utah Code § 77-38b-205(1)(b) — 1 case
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(2)(a) — 2 cases
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
State v. Debrok, 2025 UT 40 (Utah 2025). “See generally UTAH CODE § 77-38b-205. These changes were made before Debrok’s sentencing.”
— Utah Code § 77-38b-205(2)(a)(ii) — 1 case
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(3) — 1 case
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(4) — 1 case
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
— Utah Code § 77-38b-205(4)(b) — 1 case
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
— Utah Code § 77-38b-205(5) — 2 cases
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(5)(a) — 1 case
State v. Devore, 2026 UT App 33 (Utah Ct. App. 2026). “§ 77-38b-205(5)(a) (2023). Under the 2023 Act, a request for restitution “made within the time period described in Subsection (5)(a)” tolled the time within which the court was required to enter the restitution order.”
— Utah Code § 77-38b-205(6) — 2 cases
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
State v. Mooring, 2024 UT App 49 (Utah Ct. App. 2024). “Mooring section 77-38b-205 of the Utah Code. 1 This argument is not supported by the plain language of the statute.”
— Utah Code § 77-38b-205(6)(a) — 1 case
Utah Off. for Victims of Crime v. Hembree, 2023 UT App 112 (Utah Ct. App. 2023). “Section 77-38b-205(1) of the Utah Code states, “If a defendant is convicted, .”
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