Utah Code § 80-6-601

Current through the 2024 Third Special Session

Section 80-6-601 - Minors' cases considered civil proceedings - Minor not to be charged with crime - Exception for a prior adjudication - Traffic violation cases

(1) Except as provided in Part 5, Transfer to District Court , a proceeding in a minor's case under this chapter is a civil proceeding with the juvenile court exercising equitable powers.

(2)

(a) An adjudication by a juvenile court of a minor under this chapter is not considered a conviction of a crime, except in cases involving traffic violations.

(b) An adjudication may not:

(i) operate to impose any civil disabilities upon the minor; or

(ii) disqualify the minor for any civil service or military service or appointment.

(3)

(a) Except in cases involving traffic violations, and as provided in Part 5, Transfer to District Court, a minor may not be charged with a crime and convicted in any court.

(b) Except as provided in Section 80-6-504, if a petition is filed in the juvenile court, the minor may not later be subject to criminal prosecution based on the same facts.

(c) Except as provided in Section 80-6-305, an individual may not be subject to a proceeding under this chapter for an offense that the individual is alleged to have committed before the individual was 12 years old.

(4)

(a) An adjudication by a juvenile court of a minor under this chapter is considered a conviction for the purposes of determining the level of offense for which a minor may be charged and enhancing the level of an offense in the juvenile court.

(b) A prior adjudication may be used to enhance the level or degree of an offense committed by an adult only as otherwise specifically provided.

Utah Code § 80-6-601

Renumbered from § 78A-6-116 and amended by Chapter 261, 2021 General Session ,§ 168, eff. 9/1/2021.

Amended by Chapter 218, 2020 General Session ,§ 7, eff. 5/1/2020.

Amended by Chapter 214, 2020 General Session ,§ 67, eff. 5/12/2020, coordination clause.

Amended by Chapter 312, 2020 General Session ,§ 6, eff. 5/12/2020.

Amended by Chapter 214, 2020 General Session ,§ 44, eff. 5/12/2020.

Amended by Chapter 38, 2010 General Session.