According to Utah Code 76-1-304, the period of limitation does not run during any period of time in which the defendant is out-of-state following the commission of an offense?
For example, if someone committed a crime against a resident of Utah via the Internet, and this person never lived in the state, does the statute of limitations never run?
You are correct that if the person is never in Utah, the statute of limitations would never run.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
It appears that the statute of limitations would not run while the accused is out of state, however, there are other considerations such as pre-indictment or pre-charging delay that may apply. Also, while I don't practice in Utah State court, the statute is broader than just SOL to bring a crime, but also affects pleas as well. Best to get a consult with a Utah state practitioner, in person.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
The other attorneys have spoke true. Your question though was a bit more broad. You're asking what happens, which implies wanting to know more than just the SOL.
This is not a good thing for a potential defendant. What this means is that they can sit on your case for as long as they want until it is the most opportune time to prosecute. And they may still charge you and proceed with a criminal litigation against you. If the crime is worth it, they may seek to have whatever State you're living pick you up and ship you back here.
Other states may see active warrants for your failure to appear here in Utah and arrest you on that basis. My recommendation is if the case gets charged, you should hire an attorney and get it taken care of.
If the case has been charged against the out-of-state defendant, the defendant should hire a Utah attorney and begin to deal with it now because the Statute of Limitations will never run while the defendant remains out of state. If the case has not been yet been charged, then the statute of limitations will run as normal and the case cannot be charged after the proscribed time.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline