(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.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 80-6-601

  • Adjudication: means , except as provided in Subsection (3)(b):
              (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:
                   (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;
                   (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or
                   (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
              (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
  • Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
  • committed: means , unless specified otherwise:
         (15)(a) with respect to a child, to transfer legal custody; and
         (15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
         (54)(a) a child; or
         (54)(b) an individual:
              (54)(b)(i)
                   (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;
              (54)(b)(ii)
                   (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and
                   (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or
              (54)(b)(iii)
                   (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and
                   (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
(2)

     (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.
     (2)(b) An adjudication may not:

          (2)(b)(i) operate to impose any civil disabilities upon the minor; or
          (2)(b)(ii) disqualify the minor for any civil service or military service or appointment.
(3)

     (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.
     (3)(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.
     (3)(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)

     (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.
     (4)(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.