Utah Code 77-36-1.2. Acceptance of a plea of guilty or no contest to domestic violence — Restrictions
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(1) Before agreeing to a plea of guilty or no contest, the prosecutor shall examine the criminal history of the perpetrator.
Terms Used In Utah Code 77-36-1.2
- domestic violence offense: includes the commission of or attempt to commit, any of the following offenses by one cohabitant against another:(4)(b)(i) aggravated assault under Section
76-5-103 ;(4)(b)(ii) aggravated cruelty to an animal under Subsection76-9-301 (4), with the intent to harass or threaten the other cohabitant;(4)(b)(iii) assault under Section76-5-102 ;(4)(b)(iv) criminal homicide under Section76-5-201 ;(4)(b)(v) harassment under Section76-5-106 ;(4)(b)(vi) electronic communication harassment under Section76-9-201 ;(4)(b)(vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections76-5-301 ,Utah Code 77-36-1 - Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) An entry of a plea of guilty or no contest to a domestic violence offense is invalid unless the prosecutor agrees to the plea:(2)(a) in open court;(2)(b) in writing; or(2)(c) by another means of communication that the court finds adequate to record the prosecutor’s agreement.