Utah Code 77-2-2.3. Reducing the level of an offense
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(1) Notwithstanding any other provision of law, a prosecuting attorney may:
Terms Used In Utah Code 77-2-2.3
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(1)(a) present and file an information charging an individual for an offense under Subsections76-3-103 (1)(b) through (d), Subsection76-3-103 (2), or Section76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute if the prosecuting attorney believes that the sentence would be disproportionate to the offense because there are special circumstances relating to the offense; or(1)(b) subject to the approval of the court, amend an information, as part of a plea agreement, to charge an individual for an offense under Subsections76-3-103 (1)(b) through (d), Subsection76-3-103 (2), or Section76-3-104 with a classification of the offense at one degree lower than the classification that is provided in statute.
(2) A court may:
(2)(a) enter a judgment of conviction for an offense filed under Subsection (1) at one degree lower than classified in statute; and
(2)(b) impose a sentence for the offense filed under Subsection (1) at one degree lower than classified in statute.
(3) A conviction of an offense at one degree lower than classified in statute under Subsection (2) does not affect the requirements for registration of the offense under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for which the defendant is convicted are the same as the elements of an offense described in Section 77-41-102 .
(4) This section does not preclude an individual from obtaining and being granted an expungement for the individual’s record in accordance with Title 77, Chapter 40a, Expungement of Criminal Records.