Utah Code 78A-7-106. Jurisdiction
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(1) A justice court has original jurisdiction over class B and C misdemeanors, violations of ordinances, and infractions committed within the justice court’s territorial jurisdiction by an individual who is 18 years old or older.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 78A-7-106
- Adult high school student: means an individual who:(1)(a) is 18 years old and enrolled in high school at the time of the offense;(1)(b) is under 21 years old at the time of all court proceedings; and(1)(c) committed the offense on school property where the individual is enrolled:(1)(c)(i) when school was in session; or(1)(c)(ii) during a school-sponsored activity, as defined in Section
53G-8-211 . See Utah Code 78A-7-101.1- Body of water: includes any stream, river, lake, or reservoir, whether natural or man-made. See Utah Code 78A-7-101.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual who is 16 or 17 years old. See Utah Code 78A-7-101.1
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A justice court has original jurisdiction over the following offenses committed within the justice court’s territorial jurisdiction by a minor or an adult high school student:(2)(a) class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part 2, Driver Licensing Act; and(2)(b) class B and C misdemeanor violations described in:(2)(b)(i) Title 23A, Wildlife Resources Act;(2)(b)(ii) Title 41, Chapter 6a, Traffic Code;(2)(b)(iii) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act;(2)(b)(iv) Title 41, Chapter 22, Off-highway Vehicles;(2)(b)(v) Title 73, Chapter 18, State Boating Act;(2)(b)(vi) Title 73, Chapter 18a, Boating – Litter and Pollution Control;(2)(b)(vii) Title 73, Chapter 18b, Water Safety; and(2)(b)(viii) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act.(3)Notwithstanding Subsection (1) or (2), a justice court does not have original jurisdiction over: (3)(a) an offense described in Subsection (1) or (2) if:(3)(a)(i) the district court has exclusive jurisdiction over the offense in accordance with Subsection78A-5-102(8) or Section78A-5-102.5 ; or(3)(a)(ii) the juvenile court has exclusive jurisdiction over the offense in accordance with Section78A-6-103.5 ; or(3)(b) the following offenses committed within the justice court’s territorial jurisdiction by a minor or an adult high school student:(3)(b)(i) class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and(3)(b)(ii) a class B misdemeanor violation described in Section73-18-12 .(4)A justice court has jurisdiction over: (4)(a) a small claims case under Chapter 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial jurisdiction of the justice court; and(4)(b) a petition for expungement as described in Title 77, Chapter 40a, Expungement of Criminal Records.(5) An offense is committed within the territorial jurisdiction of a justice court if:(5)(a) conduct constituting an element of the offense or a result constituting an element of the offense occurs within the court’s jurisdiction, regardless of whether the conduct or result is itself unlawful;(5)(b) either an individual committing an offense or a victim of an offense is located within the court’s jurisdiction at the time the offense is committed;(5)(c) either a cause of injury occurs within the court’s jurisdiction or the injury occurs within the court’s jurisdiction;(5)(d) an individual commits any act constituting an element of an inchoate offense within the court’s jurisdiction, including an agreement in a conspiracy;(5)(e) an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another individual in the planning or commission of an offense within the court’s jurisdiction;(5)(f) the investigation of the offense does not readily indicate in which court’s jurisdiction the offense occurred, and:(5)(f)(i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft passing within the court’s jurisdiction;(5)(f)(ii) the offense is committed on or in any body of water bordering on or within this state if the territorial limits of the justice court are adjacent to the body of water;(5)(f)(iii) an individual who commits theft exercises control over the affected property within the court’s jurisdiction; or(5)(f)(iv) the offense is committed on or near the boundary of the court’s jurisdiction;(5)(g) the offense consists of an unlawful communication that was initiated or received within the court’s jurisdiction; or(5)(h) jurisdiction is otherwise specifically provided by law.(6) If a defendant in a criminal case before a justice court is a minor, the justice court may transfer the case to the juvenile court for further proceedings if the justice court determines and the juvenile court concurs that the best interests of the defendant would be served by the continuing jurisdiction of the juvenile court.