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Utah Code Title 80. Utah Juvenile Code § 80-6-305. Petition for a delinquency proceeding--Amending a petition--Continuance

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:

(a) Subsection (2);

(b)Section 80-6-302;

(c)Section 80-6-502; and

(d)Section 80-6-503.

(2) A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:

(a) the individual is alleged to have committed a felony violation of:

(i)Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

(ii)Section 76-5-202, aggravated murder or attempted aggravated murder;

(iii)Section 76-5-203, murder or attempted murder;

(iv)Section 76-5-302, aggravated kidnapping;

(v)Section 76-5-405, aggravated sexual assault;

(vi)Section 76-6-103, aggravated arson;

(vii)Section 76-6-203, aggravated burglary;

(viii)Section 76-6-302, aggravated robbery; or

(ix)Section 76-10-508.1, felony discharge of a firearm; or

(b) an offer for a nonjudicial adjustment is made under Section 80-6-303.5 and the minor:

(i) declines to accept the offer for the nonjudicial adjustment; or

(ii) fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.

(3) A juvenile court may dismiss a petition under this section at any stage of the proceedings.

(4)(a) When evidence is presented during any proceeding in a minor's case that points to material facts not alleged in the petition, the juvenile court may consider the additional or different material facts raised by the evidence if the parties consent.

(b) The juvenile court, on a motion from any interested party or on the court's own motion, shall direct that the petition be amended to conform to the evidence.

(c) If an amended petition under Subsection (4)(b) results in a substantial departure from the material facts originally alleged, the juvenile court shall grant a continuance as justice may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-6-305. Petition for a delinquency proceeding--Amending a petition--Continuance - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-6-305/

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