Hit and Run Laws in
In the state of Utah, hit and run drivers do not face a felony charge for leaving the scene of a fatal accident
41-6a-401. Accident involving injury, death, or property damage -- Duties of operator, occupant, and owner -- Exchange of information -- Notification of law enforcement -- Penalties.
(1) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to another vehicle or other property shall:
(a) immediately stop the vehicle at the scene of the accident or as close as possible without obstructing traffic more than is necessary; and
(b) remain at the scene of the accident until the operator has fulfilled the requirements of this section.
(2) Except as provided under Subsection (6), if the vehicle or other property is operated, occupied, or attended by any person or if the owner of the vehicle or property is present, the operator of the vehicle involved in the accident shall:
(a) give to the persons involved:
(i) the operator's name, address, and the registration number of the vehicle being operated; and
(ii) the name of the insurance provider covering the vehicle being operated including the phone number of the agent or provider;
(b) upon request and if available, exhibit the operator's license to:
(i) any investigating peace officer present;
(ii) the person struck;
(iii) the operator, occupant of, or person attending the vehicle or other property damaged in the accident; and
(iv) the owner of property damaged in the accident, if present; and
(c) render to any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting, of the injured person to a physician or hospital for medical treatment if:
(i) it is apparent that treatment is necessary; or
(ii) transportation is requested by the injured person.
(3) The operator of a vehicle involved in an accident shall immediately and by the quickest means of communication available give notice or cause to give notice of the accident to the nearest office of a law enforcement agency if the accident resulted in:
(a) injury or death of any person; or
(b) property damage to an apparent extent of $1,000 or more.
(4) The occupant of a vehicle involved in an accident who is not the operator of the vehicle shall give or cause to give the immediate notice required under Subsection (3) if:
(a) the operator of a vehicle involved in an accident is physically incapable of giving the notice; and
(b) the occupant is capable of giving an immediate notice.
(5) Except as provided under Subsection (6), if the vehicle or other property is unattended, the operator of the vehicle involved in the accident shall:
(a) locate and notify the operator or owner of the vehicle or the owner of other property damaged in the accident of the operator's name, address, and the registration number of the vehicle causing the damage; or
(b) attach securely in a conspicuous place on the vehicle or other property a written notice giving the operator's name, address, and the registration number of the vehicle causing the damage.
(6) The operator of a vehicle that provides the information required under this section to an investigating peace officer at the scene of the accident is exempt from providing the information to other persons required under this section.
(7) (a) A person who violates the provisions of Subsection (1) is guilty of a class A misdemeanor and shall be fined not less than $750 if the accident results in injury or death of a person. (writing a bad check for over $1000 will get you a felony in Utah, but a life is equivalent to writing a bad check for between $300 and $999)
(b) A person who violates the provisions of Subsection (1) is guilty of a class B misdemeanor if the accident results only in damage to a vehicle or other property.
(c) A person who violates the provision of Subsection (5) is guilty of a class B misdemeanor.
Amended by Chapter 26, 2005 General Session
Renumbered and Amended by Chapter 2, 2005 General Session
76-3-204. Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding one year;
(2) In the case of a class B misdemeanor, for a term not exceeding six months;
(3) In the case of a class C misdemeanor, for a term not exceeding ninety days.
Enacted by Chapter 196, 1973 General Session
76-1-302. Time limitations for prosecution of offenses -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.
(1) Except as otherwise provided, a prosecution for:
(a) a felony or negligent homicide shall be commenced within four years after it is committed, except that prosecution for the offenses under Subsection (2) shall be commenced within eight years after the offense is committed, if within four years after its commission the offense is reported to a law enforcement agency;
(b) a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and
(c) any infraction shall be commenced within one year after it is committed.
(2) Offenses referred to in Subsection (1) are:
(a) rape under Section 76-5-402;
(b) object rape under Section 76-5-402.2;
(c) forcible sodomy under Subsection 76-5-403(2);
(d) forcible sexual abuse under Section 76-5-404; and
(e) aggravated sexual assault under Section 76-5-405.
(3) (a) Notwithstanding Subsection (1), prosecution for the offenses listed in Subsections 76-3-203.5(1)(c)(i)(A) through (AA) may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date.
(b) Subsection (3)(a) does not apply if the statute of limitations on a crime has run as of May 5, 2003, and no charges have been filed.
(4) If the statute of limitations would have run but for the provisions of Subsection (3) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within one year of the discovery of the identity of the perpetrator.
(5) A prosecution is commenced upon the finding and filing of an indictment by a grand jury or upon the filing of a complaint or information.
Amended by Chapter 59, 2005 General Session
Amended by Chapter 270, 2005 General Session